Utah Immunization
Requirements
Updated
Janyary 1994
Authority:
Students in Public Schools, Utah Code Ann. g 53A-11-301 to 306. Health,
Utah Admin. R. 386-704-1 to 8.
General Rule:
Unless exempted for the personal, medical, or religious objections provided,
"a student may not attend a public, private, or parochial kindergarten,
elementary, or secondary school through grade 12, nursery school, licensed
day care center, child we facility, family care home, or headstart program
in this state unless there is presented to the appropriate official
of the school a certificate of immunization from a licensed physician
or authorized representative of the state of local health department
stating that the student has received immunization against communicable
diseases as required.' UCA g 53A-11-301.
"A student may enter
school without a certificate of immunization under a conditional enrollment
if the student moves to Utah or transfers within the state within 30
days prior to entry into a school, but may not continue to attend unless
a certificate of immunization is presented within 30 days after entry.
UCA g 53A-11-302(1).
"A student who, at
the time of enrollment, has not been completely immunized against each
specified disease may attend school under a conditional enrollment provided
the student has received one dose of each specified vaccine prior to
enrollment.' UCA g 53A-11-302(2).
Penalty:
"Parents or guardians of children who are prohibited from attending
school for failure to comply with the provisions of this part provisional
enrollment) shall be referred to the juvenile court.' UCA g 53A-11-306(4).
"Provisions for enforcement
and penalties for the violation of public health rules, including this
Immunization Rule for Students, are prescribed under Section 26-23-6."
UAR 386-704-8.
Exceptions:
There are three: UCA g 53A-11-302(3).
1) "A certificate from
a licensed physician that the physical condition of the student is such
that one or more specified immunizations would endanger the student's
life or health.'
2) Filing a completed health
department form which contains, "a statement that the person has
a personal belief opposed to immunizations signed by the parents, guardians,
brother or sister (if no parent) or the student (if of legal age).
3) A statement signed by
the parents, guardians, brother or sister (if no parent) or the student
(if of legal age), "that the person is a bona fide member of a
specified, recognized religious organization whose teachings are contrary
to immunizations."
Reporting:
"Each governing school authority, in cooperation with the local
health department, shall file a written report of the immunization status
of all students under its jurisdiction with the Bureau of Epidemiology
by November 30, of each year. " UAR 386-704-3(5).
Designated Diseases:
Diphtheria, tetanus, pertussis, poliomyelitis, measles, mumps, rubella,
and haemophilus influenzae type b. UAR 386-704-2.
Strategy:
Use any of the three exceptions. The personal belief is extremely broad
and virtually all inclusive. It appears that home schools are not included
in the definition of schools.
Further Research:
Find the penalty provision Section 26-23-6.
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