Effective - 10 Jul 2001
167.181. Immunization of pupils against certain diseases compulsory — exceptions — records — to be at public expense, when — fluoride treatments administered, when — rulemaking authority, procedure. — 1. The department of health and senior services, after consultation with the department of elementary and secondary education, shall promulgate rules and regulations governing the immunization against poliomyelitis, rubella, rubeola, mumps, tetanus, pertussis, diphtheria, and hepatitis B, to be required of children attending public, private, parochial or parish schools. Such rules and regulations may modify the immunizations that are required of children in this subsection. The immunizations required and the manner and frequency of their administration shall conform to recognized standards of medical practice. The department of health and senior services shall supervise and secure the enforcement of the required immunization program.
2. It is unlawful for any student to attend school unless he has been immunized as required under the rules and regulations of the department of health and senior services, and can provide satisfactory evidence of such immunization; except that if he produces satisfactory evidence of having begun the process of immunization, he may continue to attend school as long as the immunization process is being accomplished in the prescribed manner. It is unlawful for any parent or guardian to refuse or neglect to have his child immunized as required by this section, unless the child is properly exempted.
3. This section shall not apply to any child if one parent or guardian objects in writing to his school administrator against the immunization of the child, because of religious beliefs or medical contraindications. In cases where any such objection is for reasons of medical contraindications, a statement from a duly licensed physician must also be provided to the school administrator.
4. Each school superintendent, whether of a public, private, parochial or parish school, shall cause to be prepared a record showing the immunization status of every child enrolled in or attending a school under his jurisdiction. The name of any parent or guardian who neglects or refuses to permit a nonexempted child to be immunized against diseases as required by the rules and regulations promulgated pursuant to the provisions of this section shall be reported by the school superintendent to the department of health and senior services.
5. The immunization required may be done by any duly licensed physician or by someone under his direction. If the parent or guardian is unable to pay, the child shall be immunized at public expense by a physician or nurse at or from the county, district, city public health center or a school nurse or by a nurse or physician in the private office or clinic of the child's personal physician with the costs of immunization paid through the state Medicaid program, private insurance or in a manner to be determined by the department of health and senior services subject to state and federal appropriations, and after consultation with the school superintendent and the advisory committee established in section 192.630. When a child receives his or her immunization, the treating physician may also administer the appropriate fluoride treatment to the child's teeth.
6. Funds for the administration of this section and for the purchase of vaccines for children of families unable to afford them shall be appropriated to the department of health and senior services from general revenue or from federal funds if available.
7. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2001, shall be invalid and void.
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(L. 1963 p. 200 § 8-18, A.L. 1972 H.B. 1255, A.L. 1973 H.B. 342, A.L. 1992 S.B. 611, A.L. 1993 H.B. 522 merged with S.B. 52, A.L. 1995 S.B. 3, A.L. 1996 H.B. 904, et al., A.L. 2001 H.B. 567 merged with S.B. 393)
(Source: L. 1961 p. 349 §§ 1 to 6)
Effective 7-10-01
CROSS REFERENCES:
Consent to immunization may be delegated to other persons, when, 431.058
Day care centers, immunization requirements, exceptions, exemption procedure, reports, 210.003
Mandatory insurance coverage of immunizations, exceptions, 376.1215
Structure Missouri Revised Statutes
Title XI - Education and Libraries
Chapter 167 - Pupils and Special Services
Section 167.022 - Request for records, placed pupils.
Section 167.026 - Expungement of disciplinary records, exception.
Section 167.029 - School uniforms.
Section 167.051 - Compulsory attendance of part-time schools.
Section 167.061 - Penalty for violating compulsory attendance law.
Section 167.111 - Officials to enforce compulsory attendance law.
Section 167.113 - Compliance with federal laws relating to pupil rights required.
Section 167.121 - Assignment of pupil to another district, when — tuition, how paid, amount.
Section 167.122 - Placed pupils, notification of district, distribution of information.
Section 167.182 - HPV informational brochure, contents.
Section 167.191 - Children with contagious diseases not to attend school — penalty.
Section 167.201 - School lunch program — funds — duties of state board.
Section 167.211 - School boards may provide for sale of lunches to children.
Section 167.223 - High school may offer postsecondary course options — fees.
Section 167.232 - Tax for extra transportation may be rescinded, procedure.
Section 167.265 - School counselors, grades kindergarten through nine — eligibility — application.
Section 167.266 - Academic and career counseling program — rulemaking authority.
Section 167.268 - Policy for reading success plans — state board to develop guidelines.
Section 167.335 - Alternative education grants — qualifications — joint applications.
Section 167.349 - Charter schools, establishment.
Section 167.600 - Definitions — nonseverability.
Section 167.614 - Discontinuance of participation.
Section 167.617 - Continuation of services previously provided.
Section 167.619 - Most accessible care to be provided — discrimination prohibited.
Section 167.624 - Lifesaving training — CPR.
Section 167.627 - Possession and self-administration of medication in school — requirements.
Section 167.637 - Influenza and influenza vaccination information, provided when.
Section 167.638 - Meningitis immunization, brochure, contents.
Section 167.720 - Physical education required — definitions.
Section 167.803 - Training of school employees, content, requirements.
Section 167.809 - Diabetic care may be provided to students, when, trained personnel to be on site.
Section 167.818 - Student may perform certain diabetic care for self, when.
Section 167.821 - Immunity from liability, when
Section 167.824 - Rulemaking authority.
Section 167.902 - Critical need occupations, data and information distribution.
Section 167.903 - Personal plan of study for certain students, contents — waiver.
Section 167.905 - At-risk students to be identified, district policy required.