Indiana 2024 Regular Session

Indiana House Bill HB1071 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1071
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 1-1-2-5; IC 12-17.2; IC 20-34; IC 21-40;
7	7	IC 22-5-4.6-5.
8	8	Synopsis: Exceptions to required immunizations. Provides that a
9	9	person may not be required to receive an immunization if: (1) the entity
10	10	requiring an immunization has certain documentation that the person
11	11	received the immunization required by the entity; (2) the immunization
12	12	is medically contraindicated; (3) receiving the immunization is against
13	13	the person's religious belief; or (4) the person refuses to permit the
14	14	immunization after being fully informed of the health risks. Makes
15	15	conforming amendments.
16	16	Effective: Upon passage.
17	17	Cash
18	18	January 8, 2024, read first time and referred to Committee on Public Health.
19	19	2024 IN 1071—LS 6341/DI 147 Introduced
20	20	Second Regular Session of the 123rd General Assembly (2024)
21	21	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
22	22	Constitution) is being amended, the text of the existing provision will appear in this style type,
23	23	additions will appear in this style type, and deletions will appear in this style type.
24	24	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
25	25	provision adopted), the text of the new provision will appear in this style type. Also, the
26	26	word NEW will appear in that style type in the introductory clause of each SECTION that adds
27	27	a new provision to the Indiana Code or the Indiana Constitution.
28	28	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
29	29	between statutes enacted by the 2023 Regular Session of the General Assembly.
30	30	HOUSE BILL No. 1071
31	31	A BILL FOR AN ACT to amend the Indiana Code concerning
32	32	health.
33	33	Be it enacted by the General Assembly of the State of Indiana:
34	34	1 SECTION 1. IC 1-1-2-5 IS ADDED TO THE INDIANA CODE AS
35	35	2 A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON
36	36	3 PASSAGE]: Sec. 5. Notwithstanding any other law, a person may
37	37	4 not be required to receive an immunization if:
38	38	5 (1) the entity requiring an immunization:
39	39	6 (A) has written documentation from the person's physician
40	40	7 or other health care provider indicating the date and place
41	41	8 that the person received an immunization required by the
42	42	9 entity; and
43	43	10 (B) determines that no additional immunization is
44	44	11 required;
45	45	12 (2) the immunization is medically contraindicated for the
46	46	13 person;
47	47	14 (3) receiving the immunization is against the person's
48	48	15 religious beliefs; or
49	49	16 (4) the person refuses to permit the immunization after being
50	50	17 fully informed of the health risks.
51	51	2024 IN 1071—LS 6341/DI 147 2
52	52	1 SECTION 2. IC 12-17.2-3.5-11.1, AS AMENDED BY P.L.56-2023,
53	53	2 SECTION 119, IS AMENDED TO READ AS FOLLOWS
54	54	3 [EFFECTIVE UPON PASSAGE]: Sec. 11.1. (a) After December 31,
55	55	4 2002, a provider shall maintain and annually update documentation
56	56	5 provided by the physician of each child who is cared for in a facility
57	57	6 where the provider operates a child care program that the child has
58	58	7 received complete age appropriate immunizations, including:
59	59	8 (1) conjugated pneumococcal vaccine; and
60	60	9 (2) varicella vaccine or a demonstrated immunity to varicella.
61	61	10 The Indiana department of health shall determine for each age level the
62	62	11 immunizations that constitute complete age appropriate immunizations.
63	63	12 (b) A provider meets the requirement of subsection (a) if:
64	64	13 (1) a child's parent:
65	65	14 (A) objects to immunizations for religious reasons; and
66	66	15 (B) provides documentation of the parent's objection;
67	67	16 (2) the child's physician provides documentation of a medical
68	68	17 reason the child should not be immunized; or
69	69	18 (3) the child's physician provides documentation that the child is
70	70	19 currently in the process of receiving complete age appropriate
71	71	20 immunizations; or
72	72	21 (4) the child's parent refuses to permit the immunization after
73	73	22 being fully informed of the health risks;
74	74	23 and the provider maintains and annually updates the documentation
75	75	24 provided by the parent or physician under this subsection.
76	76	25 SECTION 3. IC 12-17.2-4-18.1, AS AMENDED BY P.L.56-2023,
77	77	26 SECTION 120, IS AMENDED TO READ AS FOLLOWS
78	78	27 [EFFECTIVE UPON PASSAGE]: Sec. 18.1. (a) After December 31,
79	79	28 2002, a licensee shall maintain and annually update documentation
80	80	29 provided by the physician of each child who is cared for in a child care
81	81	30 center where the licensee provides child care that the child has received
82	82	31 complete age appropriate immunizations, including:
83	83	32 (1) conjugated pneumococcal vaccine; and
84	84	33 (2) varicella vaccine or a demonstrated immunity to varicella.
85	85	34 The Indiana department of health shall determine for each age level the
86	86	35 immunizations that constitute complete age appropriate immunizations.
87	87	36 (b) A licensee meets the requirement of subsection (a) if:
88	88	37 (1) a child's parent:
89	89	38 (A) objects to immunizations for religious reasons; and
90	90	39 (B) provides documentation of the parent's objection;
91	91	40 (2) the child's physician provides documentation of a medical
92	92	41 reason the child should not be immunized; or
93	93	42 (3) the child's physician provides documentation that the child is
94	94	2024 IN 1071—LS 6341/DI 147 3
95	95	1 currently in the process of receiving complete age appropriate
96	96	2 immunizations; or
97	97	3 (4) the child's parent refuses to permit the immunization after
98	98	4 being fully informed of the health risks;
99	99	5 and the licensee maintains and annually updates the documentation
100	100	6 provided by the parent or physician under this subsection.
101	101	7 SECTION 4. IC 12-17.2-6-11 IS AMENDED TO READ AS
102	102	8 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) The parent
103	103	9 or guardian of a child shall, when the child is enrolled in a child care
104	104	10 ministry, provide the child care ministry with proof that the child has
105	105	11 received the required immunizations against the following:
106	106	12 (1) Diphtheria.
107	107	13 (2) Whooping cough.
108	108	14 (3) Tetanus.
109	109	15 (4) Measles.
110	110	16 (5) Rubella.
111	111	17 (6) Poliomyelitis.
112	112	18 (7) Mumps.
113	113	19 (b) A child enrolled in a child care ministry may not be required to
114	114	20 undergo an immunization required under this section if the parents
115	115	21 object for religious reasons. The objection must be:
116	116	22 (1) made in writing;
117	117	23 (2) signed by the child's parent or guardian; and
118	118	24 (3) delivered to the child care ministry.
119	119	25 (c) If a physician certifies that a particular immunization required
120	120	26 by this section is or may be detrimental to the child's health, the
121	121	27 requirements of this section for that particular immunization are
122	122	28 inapplicable to that child until the immunization is found to be no
123	123	29 longer detrimental to the child's health.
124	124	30 (d) A child enrolled in child care ministry may not be required
125	125	31 to receive an immunization if the child's parent refuses to permit
126	126	32 the immunization after being fully informed of the health risks.
127	127	33 SECTION 5. IC 20-34-3-2.5 IS ADDED TO THE INDIANA CODE
128	128	34 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
129	129	35 UPON PASSAGE]: Sec. 2.5. (a) A student may not be required to
130	130	36 receive an immunization under this chapter or IC 20-34-4 when the
131	131	37 child's parent refuses to permit the immunization after being fully
132	132	38 informed of the health risks.
133	133	39 (b) A teacher may not be required to receive an immunization
134	134	40 under this chapter or IC 20-34-4 when the teacher refuses to
135	135	41 permit the immunization after being fully informed of the health
136	136	42 risks.
137	137	2024 IN 1071—LS 6341/DI 147 4
138	138	1 SECTION 6. IC 20-34-4-3, AS AMENDED BY P.L.160-2023,
139	139	2 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
140	140	3 UPON PASSAGE]: Sec. 3. (a) Each school shall notify each parent of
141	141	4 a student who enrolls in the school of the requirement that the student
142	142	5 must be immunized and that the immunization is required for the
143	143	6 student's continued enrollment, attendance, or residence at the school
144	144	7 unless:
145	145	8 (1) the parent or student provides the appropriate documentation
146	146	9 of immunity; or
147	147	10 (2) IC 20-34-3-2, IC 20-34-3-2.5, or IC 20-34-3-3 applies.
148	148	11 (b) A school that enrolls grade 6 students shall provide each parent
149	149	12 of a student who is entering grade 6 with information prescribed by the
150	150	13 Indiana department of health under subsection (c) concerning the link
151	151	14 between cancer and the human papillomavirus (HPV) infection and
152	152	15 that an immunization against the human papillomavirus (HPV)
153	153	16 infection is available.
154	154	17 (c) The Indiana department of health shall provide a school
155	155	18 described in subsection (b) with the information concerning cancer and
156	156	19 the human papillomavirus (HPV) infection required in subsection (b).
157	157	20 The information must include the following:
158	158	21 (1) The latest scientific information on the immunization against
159	159	22 the human papillomavirus (HPV) infection and the
160	160	23 immunization's effectiveness against causes of cancer.
161	161	24 (2) That a pap smear is still critical for the detection of
162	162	25 precancerous changes in the cervix to allow for treatment before
163	163	26 cervical cancer develops.
164	164	27 (3) Information concerning the means in which the human
165	165	28 papillomavirus (HPV) infection is contracted.
166	166	29 (4) A statement that any questions or concerns concerning
167	167	30 immunizing the child against human papillomavirus (HPV) could
168	168	31 be answered by contacting a health care provider.
169	169	32 (d) The Indiana department of health shall provide the department
170	170	33 of education with material concerning immunizations and
171	171	34 immunization preventable diseases for distribution to parents and
172	172	35 guardians. The department of education shall provide these materials
173	173	36 to schools to be provided to students' parents and guardians. These
174	174	37 materials may be distributed by a school by posting the required
175	175	38 information on the school's website.
176	176	39 (e) Any notification or materials provided or distributed by the
177	177	40 Indiana department of health or a school to a parent of a student
178	178	41 regarding required or recommended immunizations for the student
179	179	42 must clearly delineate or label immunizations that are required and
180	180	2024 IN 1071—LS 6341/DI 147 5
181	181	1 immunizations that are only recommended.
182	182	2 SECTION 7. IC 20-34-4-5, AS AMENDED BY P.L.56-2023,
183	183	3 SECTION 192, IS AMENDED TO READ AS FOLLOWS
184	184	4 [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) Each school shall require
185	185	5 the parent of a student who has enrolled in the school to furnish, not
186	186	6 later than the first day of school attendance, proof of the student's
187	187	7 immunization status, either as a written document from the health care
188	188	8 provider who administered the immunization or documentation
189	189	9 provided from the state immunization data registry.
190	190	10 (b) The statement must show, except for a student to whom
191	191	11 IC 20-34-3-2, IC 20-34-3-2.5, or IC 20-34-3-3 applies, that the student
192	192	12 has been immunized as required under section 2 of this chapter. The
193	193	13 statement must include the student's date of birth and the date of each
194	194	14 immunization.
195	195	15 (c) A student may not be permitted to attend school beyond the first
196	196	16 day of school without furnishing the documentation described in
197	197	17 subsections (a) and (b) unless:
198	198	18 (1) the school gives the parent of the student a waiver; or
199	199	19 (2) the local health department or a health care provider
200	200	20 determines that the student's immunization schedule has been
201	201	21 delayed due to extreme circumstances and that the required
202	202	22 immunizations will not be completed before the first day of
203	203	23 school.
204	204	24 The waiver referred to in subdivision (1) may not be granted for a
205	205	25 period that exceeds twenty (20) school days. If subdivision (2) applies,
206	206	26 the parent of the student shall furnish the written statement and a
207	207	27 schedule, approved by a health care provider who is authorized to
208	208	28 administer the immunizations or the local health department, for the
209	209	29 completion of the remainder of the immunizations.
210	210	30 (d) The Indiana department of health may commence an action
211	211	31 against a school under IC 4-21.5-3-6 or IC 4-21.5-4 for the issuance of
212	212	32 an order of compliance for failure to enforce this section.
213	213	33 (e) Neither A religious objection under IC 20-34-3-2, an exception
214	214	34 under IC 20-34-3-2.5, or nor an exception for the student's health
215	215	35 under IC 20-34-3-3 relieves does not relieve a parent from the
216	216	36 reporting requirements under this section.
217	217	37 (f) The Indiana department of health shall adopt rules under
218	218	38 IC 4-22-2 to implement this section.
219	219	39 SECTION 8. IC 21-40-1-6, AS ADDED BY P.L.2-2007, SECTION
220	220	40 281, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
221	221	41 PASSAGE]: Sec. 6. "Documentation of exemption" means a form that:
222	222	42 (1) is acceptable to a state educational institution; and
223	223	2024 IN 1071—LS 6341/DI 147 6
224	224	1 (2) indicates the circumstances as described in IC 21-40-5-4, and
225	225	2 IC 21-40-5-6, and IC 21-40-5-6.5 entitling the student to an
226	226	3 exemption from the requirements in sections IC 21-40-5-2 and
227	227	4 IC 21-40-5-3.
228	228	5 SECTION 9. IC 21-40-5-3, AS ADDED BY P.L.2-2007, SECTION
229	229	6 281, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
230	230	7 PASSAGE]: Sec. 3. (a) Before matriculating in a residential campus of
231	231	8 a state educational institution, a student shall provide the state
232	232	9 educational institution with one (1) of the following documents:
233	233	10 (1) A certificate of immunity.
234	234	11 (2) Documentation of exemption as described in sections 4, and
235	235	12 6, and 6.5 of this chapter.
236	236	13 (b) Before matriculating in a residential campus of a state
237	237	14 educational institution, a student who is not a citizen or resident of the
238	238	15 United States shall provide the state educational institution with:
239	239	16 (1) medical documentation that the student has been tested for
240	240	17 tuberculosis in the United States;
241	241	18 (2) the date on which the tuberculosis test was taken; and
242	242	19 (3) the results of the tuberculosis test.
243	243	20 (c) If a student fails to comply with subsection (a) or (b) by the
244	244	21 beginning of the student's second academic term, the state educational
245	245	22 institution shall prohibit the student from matriculating in the
246	246	23 residential campus of the state educational institution until the
247	247	24 requirements are met.
248	248	25 SECTION 10. IC 21-40-5-6.5 IS ADDED TO THE INDIANA
249	249	26 CODE AS A NEW SECTION TO READ AS FOLLOWS
250	250	27 [EFFECTIVE UPON PASSAGE]: Sec. 6.5. A student may not be
251	251	28 required to receive an immunization required:
252	252	29 (1) under this chapter; or
253	253	30 (2) by the state educational institution;
254	254	31 if the student refuses to permit the immunization after being fully
255	255	32 informed of the health risks.
256	256	33 SECTION 11. IC 22-5-4.6-5, AS AMENDED BY P.L.174-2022,
257	257	34 SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
258	258	35 UPON PASSAGE]: Sec. 5. (a) An employer may not impose a
259	259	36 requirement that employees receive an immunization against
260	260	37 COVID-19 unless the employer provides individual exemptions that
261	261	38 allow an employee to opt out of the requirement on the basis of any of
262	262	39 the following:
263	263	40 (1) Medical reasons.
264	264	41 (2) Religious reasons.
265	265	42 (3) An employee has immunity from COVID-19 acquired from a
266	266	2024 IN 1071—LS 6341/DI 147 7
267	267	1 prior infection with COVID-19.
268	268	2 (4) An employee refuses to permit the immunization after
269	269	3 being fully informed of the health risks.
270	270	4 (b) Subject to subsection (c), an employer may require an employee
271	271	5 to submit to testing for the presence of COVID-19 not more than twice
272	272	6 a week, if the employee receives an exemption based on:
273	273	7 (1) medical reasons under subsection (a)(1);
274	274	8 (2) religious reasons under subsection (a)(2); or
275	275	9 (3) immunity from COVID-19 acquired from a prior infection
276	276	10 with COVID-19 under subsection (a)(3); or
277	277	11 (4) refusal to permit the immunization under subsection
278	278	12 (a)(4).
279	279	13 (c) An employer may not require a test for the presence of
280	280	14 COVID-19 unless the test:
281	281	15 (1) has been approved, cleared, or authorized by the federal Food
282	282	16 and Drug Administration;
283	283	17 (2) is the least invasive testing option available; and
284	284	18 (3) does not create an undue burden on the employee to receive
285	285	19 the test.
286	286	20 SECTION 12. An emergency is declared for this act.
287	287	2024 IN 1071—LS 6341/DI 147