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REFERENCE TITLE: immunizations; exemptions |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2846 |
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Introduced by Representatives Ash, Alston, McCune Davis
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AN ACT
Amending title 36, chapter 6, article 4.1, Arizona Revised Statutes, by adding section 36-675; relating to school immunization.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, chapter 6, article 4.1, Arizona Revised Statutes, is amended by adding section 36-675, to read:
36-675. Immunizations; annual exemption; form; annual renewal; definition
A. A child is exempt from the immunization requirements of this article if, on an annual basis, the child's parent, guardian or person in loco parentis provides one or more of the following on a form prescribed by the department of health services:
1. A written certification signed by a health professional that the health professional believes that a particular required vaccination is not advisable for the child but that the child's parent, guardian or person in loco parentis agrees that if it is determined that the particular vaccination is no longer contraindicated, the child will be required to have the vaccination.
2. A written certification signed by the child's parent, guardian or person in loco parentis that the signatory's religious beliefs are contrary to the required immunization measures.
3. A written certification signed by the child's parent, guardian or person in loco parentis that the signatory has a personal objection to the immunization of the child.
B. A written certification must:
1. Include a statement signed by a health professional that pursuant to subsection A of this section the health professional provided the child's parent, guardian or person in loco parentis with information about the benefits and risks of immunization to the child.
2. Be signed by a health professional before the child is enrolled in a school or licensed child care facility. A school or child care facility may accept a photocopy of a signed written certificate or a letter from a health professional that references the child's name in lieu of the original certificate.
C. the form prescribed by the department shall include a place where the child's parent, guardian or person in loco parentis acknowledges that the parent, guardian or person has reviewed the information provided by the department that is based on United States centers for disease control information regarding the risks of not vaccinating a child.
D. A health professional who in good faith signs a written certification prescribed pursuant to subsection A of this section is immune from civil liability for that action.
E. In order to renew the exemption, a parent, guardian or person in loco parentis must submit the form prescribed pursuant to subsection A of this section annually as prescribed by the department.
F. For the purposes of this section, "health professional" means a physician licensed pursuant to title 32, chapter 13 or 17, a registered nurse practitioner licensed pursuant to title 32, chapter 15 or a physician assistant licensed pursuant to title 32, chapter 25.
Sec. 2. Short title
Section 36-675, Arizona Revised Statutes, as added by this act, may be cited as the "Prevention of Community Outbreaks of Infectious Diseases Act".