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2004 Immunization Legislation Summary

Updated November 2004

The following chart shows legislative activity on a variety of topics involved in immunization policy. Many states allow bills to be "carried over" into the second year of a biennium, so you will see some bills that have not show action since last year. These bills still have the potential to move back into the system during the 2004 sessions. NCSL tries to track all active legislation, but sometimes we miss a bill. Please call Jody Ruskamp at 303-364-7700 with any additional legislation. This webpage will be updated monthly.

Exemptions 

Finance    

Insurance Mandates 

Long-Term Care 

Meningitis 

Miscellaneous Legislation 

Public Assistance 

Public Health Emergency 

Registries 

School Requirements 

Scope of Practice 

Smallpox 

Bills Shaded in Blue = Enacted

Thimerosal/ Mercury 

 

Bill Number
& Status
 

Description

Exemptions

AZ HB 2122

Provides an exemption to attend school. Students lacking documented proof of immunization may not be able to attend during communicable disease outbreaks.

IL SB 233

Amends the School Code.

IL SB 2011

Extends exemptions beyond religious and medical.

ME HB 384
(LD 499)

Allows a parent to choose not to vaccinate a child against chicken pox for school attendance.
(LR 871)

MA SB 529

Petition filed at the request of Laura Wischmeyer for legislation to prohibit the mandatory vaccination of school children.

MN HB 1398

Immunization requirements modified relating to conscientious beliefs, newborn medical records, and notice to child care providers.

MN SB 1254

Child immunization notice and statement requirements.

MS HB 729

Allows exemptions for school attendance with certificate from a physician. **Died in committee.

MS SB 2486

Allows exemption for school attendance with certificate from physician.  (Died in Committee)

NJ AB 3610

Permits student exemption from Hepatitis B vaccination requirement based on philosophical or moral objection.

NJ AB 2616

Provides for conscientious exemption to mandatory immunizations.

 NJ SB 1592

A student shall be granted a philosophical exemption from an immunization if the students' parent submits a notarized and signed written statement to an official at the student's school. The statement shall explain how a specific immunization conflicts with a personal, philosophical or moral belief held by the student or the student's parent or legal guardian.

NY AB 10326

Enacts the "philosophical exemption to immunizations act" in order to establish an exemption to mandatory immunizations. 

NY AB 10327

Removes requirement that religious beliefs be genuine and sincere in order to provide an exemption from mandatory immunizations for students.

NY AB 10328

Clarifies ambiguities regarding the medical exemption for mandatory immunizations for students.

NY SB 693

Clarifies ambiguities regarding the medical exemption for mandatory immunizations for students

NY SB 694

Removes requirement that religious beliefs be genuine and sincere in order to provide an exemption from mandatory immunizations for students

NY SB 695

Enacts the "philosophical exemption to immunizations act"

WV HB 3072

Provides an exemption from mandatory immunizations for good cause or due to religious exemptions.

WV SB 439

 Relates to immunization of school children.

 Finance

CT HB 5210

To eliminate the assessment of fees against domestic insurers and health care centers that write life or health insurance business in the state where the fees are used to fund certain immunization programs.

CT SB 167

To include flu and pneumococcal vaccines in the state vaccine program and to broaden the funding for this program.

 

IL HB 5088

Requires coverage for a federally approved AIDS vaccine, prescription nutritional supplements, physician prescribed or ordered pain medication, and intravenous feeding. Amends the State Mandates Act to require implementation without reimbursement by the State.

LA HB 1211

Provides that coverage of childhood immunizations shall not be subject to any deductible.

MS HB 1601

Authorizes school boards to pay for cost of flu shots for teachers.  (Died in Committee)

NM SB 387

Appropriates for a statewide Hepatitis C Virus Outreach Identification and Treatment Program.

RI HB 6424

Authorizes the appropriation of funds for the Ocean State Adult Immunization coalition.

 

 

 Insurance Mandates

IL HB 5089

Requires coverage of the AIDS vaccine.

IL HB 5088

Requires coverage of the AIDS vaccine.

IL HB 4894

Requires free influenza vaccine if insurance does not provide.

MA SB 897

Requires the AIDS vaccine.

NJ AB 1456

Concerns coverage for childhood immunizations.

NJ AB 2162

Requires coverage for Hepatitis B vaccination costs.

NJ SB 686

Requires health insurers to cover Hepatitis B vaccination costs.

 

 

 Long-Term Care

CA AB 691

Requires a skilled nursing facility, to offer immunization by vaccine for influenza and pneumococcal disease to its residents, aged 65 years or older, during a specified period each year.

GA HB 1709

Provides that nursing homes offer annual influenza shots.

GA SB 616

Relating to regulation of hospitals and related institutions, so as to provide that nursing homes annually offer an influenza virus vaccine to all Medicare and Medicaid eligible patients and private pay patients in their facilities; to provide for related matters; to repeal conflicting laws; and for other purposes.

IL HB 3276

Provides for influenza and pneumonia vaccinations for residents of nursing homes.

IL SB 2768

Provides that an assisted living establishment that does not provide medication as an optional service must advise a prospective resident to consult a physician about whether to obtain a flu shot. 

 NH SB 438

Establishes requirements for immunization against influenza and pneumococcal disease for hospitals, nursing homes, adult day care facilities, home health providers, and assisted living.

NH LSR 3134

Assigned bill number SB 438.

OH HB 560  Requires nursing homes and other homes for the elderly to offer residents vaccinations against influenza and pneumonia.

PA SB 769

Provides for immunization against influenza virus and pneumococcal disease.

PA HB 2685

Provides for immunizations against the flu.

SC HB 4786

Requires long term care facilities to administer vaccinations against influenza.

VA HB 1178

Requires nursing home facility workers and patients to receive influenza vaccinations.

 

 

Meningitis

AL HB 213

Higher education, immunization of certain students, with exceptions.

AL SB 260

Requires information and vaccination for meningococcal disease. Permits waiver.

 AK SB 243

An act relating to meningitis immunization of post-secondary students.  

AZ SB 1161

Requires institutions of higher education to provide information on meningitis.

CO SB 57

Requires postsecondary institutions to provide students with information.

GA HB 199

Requires postsecondary schools to provide information on meningitis; requires vaccination or a signed waiver.

GA SB 266

Requires postsecondary schools to provide information about meningitis or a signed waiver.

   

IA SB 2202

An Act relating to meningococcal disease vaccination information for students who are enrolled in an institution of higher learning that has an on-campus dormitory or residence hall, and providing for related matters.

IA SSB 3129

An Act relating to meningococcal disease vaccination information for students who are enrolled in an institution of higher learning that has an on-campus dormitory or residence hall, and providing for related matters.

KY HB 342

Requires colleges to provide information on meningitis. 

KY SB 119

Requires colleges to provide information on meningitis.

LA HB 1122

Requires students residing in on-campus housing at postsecondary education institutions to be vaccinated for meningococcal disease.

ME SB 617

Requires postsecondary institutions to provide meningococcal immunization information to students.

ME LR 2220

Improves awareness of meningococcal meningitis vaccination.

MA HB 3523

Requires meningitis vaccination for students. (see 2159)

MA SB 525

Requires meningitis vaccination for students.

MA SB 526

Requires meningitis vaccination information to be distributed to all schools. (see 2155)

MA SB 2155

Requires all schools to distribute information on meningitis vaccination.

MA SB 2159

Relates to SB 525 and HB 3523. Supports these bills but adds an amendment.  Should pass as amended.

NC SB 444

Public, private and charter schools provide information concerning meningococcal vaccines.

NJ SB 545

Requires meningococcal vaccinations for new residential students at four-year institutions of higher education. **Withdrawn from consideration**

NY AB 501

Requires certain camps and secondary schools and colleges which have housing for students to provide information on meningococcal meningitis

NY AB 3287

Provides that students attending college in this state shall be immunized against bacterial meningitis

NY SB 3000

Requires certain camps and secondary schools and colleges which have housing for students to provide information on meningitis.

OH HB 142

Requires on-campus students--meningitis vaccinations and Hepatitis B.

 OH SB 60

Requires a vaccination for meningitis for institutions of higher education or a waiver.

SC HB 4791

Relates to notification of risks of contracting diseases if living on campus.

VT HB 738

Requires education and informed decision making regarding immunization against meningitis.

WA SB 5828

Requires information on meningitis for college students.

 WI SB 172

Requiring certain college students to be vaccinated against or be informed about meningococcal disease.

Miscellaneous Legislation

CA SB 280

Intent to promote research of vaccines for sexually transmitted diseases.

CA SB 1356

This bill would authorize the department to test vaccines that are available for use in markets outside of the United States for safety and efficacy pursuant to and in accordance with federal law.

CA SB 1764

Expands the entities authorized to disclose immunization information to include foster care agencies

IL SB 2667

Requires Dept. of Health to require separate vaccinations for measles, mumps, and rubella and may not permit a single vaccination for all 3 diseases.

IL HR 659

Proclaims 2004 as Year of Polio Awareness to promote vaccination.

KY SB 184

Requires the reporting of information about immunizations, consistent with federal law, as required by the Department for Public Health.

LA SB 219

Requires that juveniles in the custody of the division of youth services be immunized for Hepatitis B.

LA SCR 16

Requests that judges who sentence juveniles to the custody of the office of youth development require immunization for hepatitis B as a condition of sentencing.

MA SB 2202

Authorizes the Joint Committee on HC to make an investigation of Senate document 529. (See under exemptions.

 NJ AB 1128

Requires DHSS to prepare booklet on MMWR vaccine and availability of blood test to determine immunity before second dose.  Withdrawn from further consideration**

NJ AB1196

Deals with stockpiling and distribution of vaccines to mitigate effects of exposure to harm.

NM HB 254

Enacts the "Immunization Act"

NM SB 203

Enacts the "Immunization Act"  VETOED BY GOVERNOR

NY AB 6177

Provides for testing of inmates and respondents for transmissible diseases in certain cases

NY AB 9976

Provides that school districts shall make hepatitis vaccinations available to employees.

NY SB 968

Establishes programs to provide immunizations against preventable diseases.

OK SB 1382 Food service establishments; Delete time limit on tax credit for immunizations against Hepatitis A

PA HB 827

Provides for an immunization program.

PA HR 598

Examines the availability and accessibility of influenza vaccine to determine the readiness to address an influenza epidemic and to determine outreach needs to educate and encourage the citizens.

RI SB 2589

DOH Immunization program would include vaccines for routine adult influenza vaccinations as recommended by (ACIP) to the extent funds are available.

TN SB 3081

Requires schools to inform parents of need for vision and dental screenings when immunization forms indicate so.

Public Assistance

 IL SB 2768

Assisted living or shared housing establishment must advise a resident to consult a physician about whether to obtain a flu shot.

Registries

GA HB 1526

Relates to expanding childhood vaccination registry.

KY SB 184

Any health care provider that administers or supervises an immunization is required by the Department for Public Health shall report information about the immunization upon request by, or as required by, the department.

NJ AB 2240

Enacts the "Statewide Immunization Registry Act"

 NJ SB 553

 "Statewide Immunization Registry Act"

NJ SB 2257

 "Statewide Immunization Registry Act" (carried over from 2003)

SC SB 1156 Provides for a electronic repository of vaccination records to be used in aiding childhood disease prevention.

 

 

School Requirements

AL HB 73

Requires higher education students, full or part-time, to be vaccinated against Hepatitis B.

CA AB 1822

Schools and child care facilities must make sure children are immunized against mumps and Hepatitis B.

***VETOED BY GOVERNOR***

CT SB 168

To require that college students in on-campus housing be vaccinated against hepatitis B.

FL SB 690

Requires that children in certain counties be immunized for Hepatitis A.

HI HB 344

Requires a child entering 7th grade to be immunized against Hepatitis B.

HI HB 345

Requires a child below age 18 entering the school system for the first time to show proof of full immunization against hepatitis B.

HI SB 986

Requires a child entering 7th grade to be immunized against Hepatitis B.

HI HR 119

Strongly urges Dept. of Health to require immunization against Hep. B of all who attend institution of higher education.

HI HR 120

Strongly urges Dept. of Health to require immunization against Hep. B of all who attend institution of higher education.

IN HB 1133

Hepatitis B. Requires every child who enters grade 9 and grade 12 to be immunized against hepatitis B until July 1, 2008. Prohibits the prevention of a child from enrolling in, attending, or graduating high school for the sole reason that the child was not immunized against hepatitis B.

IL SB 233

Amends the School Code.

KY HB149

An act relating to Hepatitis B vaccinations for postsecondary students.

MA HB 2025

Provides that Dept. of Health can enforce immunization of public school students.

MA HB 2570

Requires Hep. B vaccination prior to admittance to public schools.

MA SB 529

Petition filed at the request of Laura Wischmeyer for legislation to prohibit the mandatory vaccination of school children.

MN SB 1078

Child immunization education requirements.

MO SB 1286

Relates to immunization requirements for schools; provides the immunization frequency can be modified by the rule of the Department of Health and Senior Services; provides such rules shall not require immunizations that are not already specified.

NY AB 5355

Requires immunization of certain children against hepatitis A

NY AB 5788

Provides for waiver of required immunizations against chickenpox for admission to school if proof of immunity is presented; applies requirements to sixth grade; Substituted by SB 2594. 

 NY AB 11306

Requires children entering school or day care to be immunized against pertussis and tetanus, and provides for adult immunization programs. 

 NY AB 11317

Requires immunizations for students.  Adds Hep B and Hib to list of immunizations needed.

NY SB 2594

Provides for waiver of required immunizations against chickenpox for admission to school if proof of immunity is presented; applies requirements to sixth grade.

NY SB 6484

Requires children entering school or day care to be immunized against pertussis and tetanus.

NY SB 7690 Requires children born between January 1, 1994 and December 31, 1997 to be immunized against varicella by the time they enter the sixth grade.

OH HB 463

Requires students to be immunized against chicken pox subject to certain exceptions.

OK SB 679

Requires certain vaccinations for enrollment in postsecondary schools.

PA SB 766

Provides for a catch-up program on Hepatitis B.

TN SB 1674

Requires Hep A & B vaccinations for students at institutions of higher education.

WV SB 439

Relates to compulsory immunization of school children.

 

 

Scope of Practice

 CO SB 139

Concerning notification to persons of immunizations for their children under specified circumstances.

DE HB 478 Relates to the practice of pharmacy and administering influenza or pneumonia vaccines.

FL HB 1519

Allows pharmacists to administer immunizations. **DIED IN COMMITTEE**

FL HB 1697

Pharmacist/Immunizations; revises definition of term "practice of profession of pharmacy" to include administering of immunizations by pharmacist.  **DIED IN COMMITTEE**

FL SB 2600

Allows pharmacists to administer immunizations. **DIED IN COMMITTEE**

FL SB 2716

Pharmacist/Immunizations; revises definition of term "practice of profession of pharmacy" to include administering of immunizations by pharmacist  **DIED IN COMMITTEE**

HI HB 2798

Relates to pharmacy scope of practice and intranasal delivery of vaccines.

HI SB 3079

Relates to pharmacy scope of practice and intranasal delivery of vaccines.

KY HB 341

Expands scope of practice for pharmacy to include adult immunization. 

MA HB 779

Exempts health care providers from civil liability as a result of administering vaccinations.

MA HB 2025

Provides that Dept. of Health can enforce immunization of public school students.

MD SB 389

The term "practice pharmacy" includes administering an influenza vaccination in accordance with specified regulations; requiring the Board of Pharmacy, together with the State Board of Physicians and the State Board of Nursing, to jointly develop and to adopt specified regulations. VETOED BY GOVERNOR**

MN HB 887

Vaccination education precautions provided; and consultation required before modifying the schedule of immunizations.

NY AB 4386

Authorizes certified pharmacists to administer immunizing agents to adults.

NY SB 1228

Authorizes certified pharmacists to administer immunizing agents to adults.

WI AB 894

An Act to amend and  create and of the statutes; relating to: the administration of vaccines by persons supervised by a pharmacist.

 WI SB 426

Changes the administration of vaccines by persons supervised by a pharmacist.

 

 

Smallpox / Public Health Emergency

AL HB 74

States that the Health Department should provide vaccinations for first responders to bioterrorism and emergencies.

AL SB 140

Health Department will provide vaccinations for first responders to bioterrorism.

CA AB 968

Provides workers' compensation to any employee with adverse reaction as a result of vaccination at request of employer or federal law. ***VETOED BY GOVERNOR***

CA SB 678

Makes appropriated funds available for smallpox preparedness costs.

GA HB 372

Relating to county and municipal hospital authorities, so as to provide for financial assistance to students, postgraduate trainees, or the parents of such for programs of study in fields in which critical personnel shortages exist in the authority's service area; and for other purposes.

GA SB 333

Relates to vaccines for emergency responders exposed to infectious disease.

GA SB 336

Relating to general provisions relative to torts, so as to provide immunity for certain hospitals, their agents or employees, health care providers, health care workers, and certain other persons participating in the federal smallpox vaccination and treatment program; to provide for legislative findings; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.

IA HB 2343

Establishes a vaccination program for first responders.

IA HSB 569

Provides vaccination program for first responders.

IA SB 2146

Provides vaccination program for first responders.

IA SSB 3059

Provides vaccination program for first responders.

IL HB 5164

Amends the Department of Public Health Act and various other Acts concerning public health emergencies. Contains provisions relating to vaccines and medications.

IL HB 6898

Provides that any injury to or disease or death of an employee arising from the administration of a vaccine to the employee as part of a voluntary inoculation program sponsored or recommended by the employee's employer or in connection with any governmental program or recommendation for the inoculation of workers in the employee's occupation, geographical area, or other category that includes the employee is deemed to arise out of and in the course of employment. Effective immediately.

IL SB 632

Amends Workers Comp to cover any injury from smallpox vaccine.

IL SB 1534

Amends Workers Comp to cover any injury from smallpox vaccine.

IL HB 3167

Changes language to Compensation Act for employee vaccinations through government programs.

IN HB 1378

Requires state department to disclose risks and benefits of vaccines against bioterrorism.

MN HB 2379

Relating to workers' compensation; modifying the definition of "personal injury" to include injury or disease resulting from certain vaccines.

MN HB 2915

Relating to workers' compensation; modifying the definition of "personal injury" to include injury or disease resulting from certain vaccines.

 MO HB 1226

Requires DHSS to offer vaccination program for first responders deployed to disaster areas as a result of bioterrorism events.

NJ AB 2620

Permits exemptions from certain medical examination and testing, vaccination and medical treatment requirements during public health emergencies.

 OH HB 177

An amendment to grant specified employees certain benefits if they suffer an adverse medical condition as a result of receiving a smallpox vaccination as part of homeland security measures.

OK SB 696

Requires certain personnel to be vaccination; provides exemption.

RI HB 7904

Vaccination of first responders exposed to infectious diseases.

RI SB 2513

Vaccination of first responders exposed to infectious diseases.

TN HB 1910

SB 1672 Creates federally funded bioterrorism vaccination program for first responders.

WI AB 579

Provides health insurance coverage of vaccinations against anything caused by biological agents of terrorist attacks.

Thimerosal / Mercury

CA AB 2943 This bill would enact the "Mercury Pollution Prevention Act of 2004".  The bill would prohibit a person
who is pregnant or who is under 3 years of age from being vaccinated with a mercury-containing vaccine or injected with a mercury-added vaccine that contains more than a specified amount of mercury

CA SJR 4

Changes language that bars existing lawsuits by parents of children who allege that products manufactured by Eli Lilly and Company and other pharmaceutical companies led to their children's health condition.

IA SSB 3070

Immunizations cannot contain mercury.  (Replaced by SB 2209)

IA SB 2209

Early childhood immunizations administered in this state shall not contain more than trace amounts of mercury or other preservatives containing heavy metals.  (replaces SB 3070)

KY SB 141

Prohibits the use of mercury in immunizations.

MN HB 887

Vaccination and education precautions provided; healthcare providers should administer thimerosal-free vaccines.

MN SB 1078

Child immunization requirement;

MO HB 852

Prohibits immunizations containing mercury.

NE LB 1158

Prohibits mercury and thimerosal in immunizations and provides for insurance coverage.

NE LR 357

Interim study to examine the relationship between thimerosal and autism.

NY AB 11263

Prohibits the administration of any vaccine or immunization that contains the substance known as thimerosal.
PA HB 2863  Amends the Childhood Immunization Insurance Act of 1992. This act is amended by adding a section called: mercury-free vaccines.

RI HB 5827

Mandates the department of health to develop a consent form to be signed by a child's guardian prior to any vaccination which contains mercury.

 

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