167.181. Immunization of pupils against certain diseases compulsory--exceptions--records--to be at public expense, when--fluoride treatments administered, when--rulemaking authority, procedure. - Missouri Statutes

Immunization of pupils against certain diseasescompulsory--exceptions--records--to be at public expense,when--fluoride treatments administered, when--rulemakingauthority, procedure.

167.181. 1. The department of health and senior services, afterconsultation with the department of elementary and secondary education, shallpromulgate rules and regulations governing the immunization againstpoliomyelitis, rubella, rubeola, mumps, tetanus, pertussis, diphtheria, andhepatitis B, to be required of children attending public, private, parochialor parish schools. Such rules and regulations may modify the immunizationsthat are required of children in this subsection. The immunizations requiredand the manner and frequency of their administration shall conform torecognized standards of medical practice. The department of health and seniorservices shall supervise and secure the enforcement of the requiredimmunization program.

2. It is unlawful for any student to attend school unless he has beenimmunized as required under the rules and regulations of the department ofhealth and senior services, and can provide satisfactory evidence of suchimmunization; except that if he produces satisfactory evidence of having begunthe process of immunization, he may continue to attend school as long as theimmunization process is being accomplished in the prescribed manner. It isunlawful for any parent or guardian to refuse or neglect to have his childimmunized as required by this section, unless the child is properly exempted.

3. This section shall not apply to any child if one parent or guardianobjects in writing to his school administrator against the immunization of thechild, because of religious beliefs or medical contraindications. In caseswhere any such objection is for reasons of medical contraindications, astatement from a duly licensed physician must also be provided to the schooladministrator.

4. Each school superintendent, whether of a public, private, parochialor parish school, shall cause to be prepared a record showing the immunizationstatus of every child enrolled in or attending a school under hisjurisdiction. The name of any parent or guardian who neglects or refuses topermit a nonexempted child to be immunized against diseases as required by therules and regulations promulgated pursuant to the provisions of this sectionshall be reported by the school superintendent to the department of health andsenior services.

5. The immunization required may be done by any duly licensed physicianor by someone under his direction. If the parent or guardian is unable topay, the child shall be immunized at public expense by a physician or nurse ator from the county, district, city public health center or a school nurse orby a nurse or physician in the private office or clinic of the child'spersonal physician with the costs of immunization paid through the stateMedicaid program, private insurance or in a manner to be determined by thedepartment of health and senior services subject to state and federalappropriations, and after consultation with the school superintendent and theadvisory committee established in section 192.630, RSMo. When a childreceives his or her immunization, the treating physician may also administerthe appropriate fluoride treatment to the child's teeth.

6. Funds for the administration of this section and for the purchase ofvaccines for children of families unable to afford them shall be appropriatedto the department of health and senior services from general revenue or fromfederal funds if available.

7. No rule or portion of a rule promulgated under the authority of thissection shall become effective unless it has been promulgated pursuant to theprovisions of chapter 536, RSMo. Any rule or portion of a rule, as that termis defined in section 536.010, RSMo, that is created under the authoritydelegated in this section shall become effective only if it complies with andis subject to all of the provisions of chapter 536, RSMo, and, if applicable,section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverableand if any of the powers vested with the general assembly pursuant to chapter536, RSMo, to review, to delay the effective date or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2001, shall beinvalid and void.

(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, RSMo 431.058

Day care centers, immunization requirements, exceptions, exemption procedure, reports, RSMo 210.003

Mandatory insurance coverage of immunizations, exceptions, RSMo 376.1215