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Sets goal of 80% vaccination rate for HPV, moves vaccine law from education code to health code

Location: IN
Title: Sets goal of 80% vaccination rate for HPV, moves vaccine law from education code to health code
Identifier: HB 1359
Stance: OPPOSE
Action Required: None at this time
Status: Died on the house floor 2/24/2015

Description:

UPDATE:  HB 1459 was defeated by the house on a vote of 44 yes, 51 no, 4 excused and 1 not voting. 

http://iga.in.gov/documents/f1b94c79 - vote on the house floor

http://wishtv.com/2015/02/26/pence-says-he-shared-concerns-over-hpv-vaccinations-goal/ - news article

HB 1459 was passed by the House Public Health Committee on 2/19/2015 and read a 2nd time in the full house on 2/23/2015.

http://iga.in.gov/legislative/2015/bills/house/1359# - for information on the committee report and amended version

HB 1359 was introduced on 1/14/2015 and referred to the House Public Health Committee.  The bill is sponsored by Representative Errington and is cosponsored by Representatives Clere, Kirchhofer and Shackleford.  The bill moves existing vaccine law from the education code to the health code section.  

The bill, as introduced, keeps reference to exemptions by mentioning current laws, IC 20-34-3-2 and IC 20-34-3-3.  However, this bill will need to be watched very closely to make sure it is not amended to restrict exemptions. (see current law below)

The bill also establishes a new program designed to increase HPV Vaccination rates for 13 to 16 year old children to 80% by July 1, 2020 by adding the following: 

(2) Establish goals and plans to increase the vaccination rate for the human papillomavirus (HPV) infection to achieve an eighty percent (80%) immunization rate for children who are at least thirteen (13) years of age but less than sixteen (16) years of age no later than July 1, 2020. 



Click on the link below to read the full text of HB 1359. 

http://iga.in.gov/static-documents/7/b/a/c/7bace263/HB1359.01.INTR.pdf - text of HB 1359

http://iga.in.gov/legislative/2015/bills/house/1359 - history and status for HB 1359

Current exemption law: http://www.in.gov/legislative/ic/2010/title20/ar34/ch3.html

IC 20-34-3-2

Religious objections

    
 Sec. 2. (a) Except as otherwise provided, a student may not be required to undergo any testing, examination, immunization, or treatment required under this chapter or IC 20-34-4 when the child's parent objects on religious grounds. A religious objection does not exempt a child from any testing, examination, immunization, or treatment required under this chapter or IC 20-34-4 unless the objection is:

        (1) made in writing;

        (2) signed by the child's parent; and

        (3) delivered to the child's teacher or to the individual who might order a test, an exam, an immunization, or a treatment absent the objection.

    (b) A teacher may not be compelled to undergo any testing, examination, or treatment under this chapter or IC 20-34-4 if the teacher objects on religious grounds. A religious objection does not exempt an objecting individual from any testing, examination, or treatment required under this chapter or IC 20-34-4 unless the objection is:

        (1) made in writing;

        (2) signed by the objecting individual; and

        (3) delivered to the principal of the school in which the objecting individual teaches.

As added by P.L.1-2005, SEC.18.

IC 20-34-3-3

Exception for student's health

    
 Sec. 3. If a physician certifies that a particular immunization required by this chapter or IC 20-34-4 is or may be detrimental to a student's health, the requirements of this chapter or IC 20-34-4 for that particular immunization is inapplicable for the student until the immunization is found no longer detrimental to the student's health.