Introduced Version
HOUSE BILL No. 1072
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-34-10; IC 21-40; IC 21-44-8.
Synopsis: Student immunizations. Provides that a student enrolled in
a health profession education program may not be required to receive
an immunization as a condition of: (1) participating in; or (2)
obtaining; clinical training or clinical experience required by the
program. Allows a student to bring a civil action against an entity for
a violation of these provisions. Amends the definition of
"documentation of exemption" for purposes of provisions governing
immunization requirements at state educational institutions. Prohibits
a state educational institution from requiring a student to provide
specific information regarding the student's religious objection in a
request for an exemption from immunization requirements.
Effective: Upon passage.
Cash, Teshka
January 8, 2024, read first time and referred to Committee on Education.
2024 IN 1072—LS 6249/DI 147 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1072
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 20-34-10 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]:
4 Chapter 10. Health Profession Education Program
5 Sec. 1. This chapter does not apply to a contract entered into or
6 renewed before March 31, 2024.
7 Sec. 2. As used in this chapter, "health profession education
8 program" means an education program that:
9 (1) is designed to prepare a student for a career in a health
10 profession regulated by an entity described in IC 25-0.5-11;
11 and
12 (2) requires a student to complete clinical training or clinical
13 experience at an offsite facility.
14 Sec. 3. As used in this chapter, "immunization" means the
15 treatment of an individual with a vaccine to produce immunity.
16 Sec. 4. As used in this chapter, "student" means a student
17 enrolled in a health profession education program.
2024 IN 1072—LS 6249/DI 147 2
1 Sec. 5. A student may not be required to receive an
2 immunization as a condition of:
3 (1) participating in; or
4 (2) obtaining;
5 clinical training or clinical experience required by a health
6 profession education program.
7 Sec. 6. (a) A student may bring a civil action against an entity
8 that violates this chapter.
9 (b) The court may award to a student who prevails in an action
10 under this section any of the following:
11 (1) Injunctive relief.
12 (2) Costs and reasonable attorney's fees.
13 SECTION 2. IC 21-40-1-6, AS ADDED BY P.L.2-2007, SECTION
14 281, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
15 PASSAGE]: Sec. 6. "Documentation of exemption" means a: form that:
16 (1) is acceptable to a state educational institution; and
17 (2) (1) form that indicates the circumstances as described in
18 IC 21-40-5-4; and or
19 (2) statement that a student has a sincerely held religious
20 belief as described in IC 21-40-5-6;
21 entitling the student to an exemption from the requirements in sections
22 IC 21-40-5-2 and IC 21-40-5-3.
23 SECTION 3. IC 21-40-5-6, AS ADDED BY P.L.2-2007, SECTION
24 281, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
25 PASSAGE]: Sec. 6. (a) Except as otherwise provided, a student may
26 not be required to undergo testing, examination, immunization, or
27 treatment required under this chapter when the student objects on
28 religious grounds.
29 (b) A religious objection does not exempt a student from testing,
30 examination, immunization, or treatment required under this chapter
31 unless the request for an exemption is:
32 (1) made in writing;
33 (2) signed by the student; and
34 (3) delivered to the individual who might order a test, an
35 examination, an immunization, or a treatment absent the religious
36 objection.
37 (c) A state educational institution may not require a student to
38 provide specific information regarding the student's religious
39 objection in a request for an exemption described in subsection (b).
40 SECTION 4. IC 21-44-8 IS ADDED TO THE INDIANA CODE AS
41 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
42 PASSAGE]:
2024 IN 1072—LS 6249/DI 147 3
1 Chapter 8. Health Profession Education Program
2 Sec. 1. This chapter does not apply to a contract entered into or
3 renewed before March 31, 2024.
4 Sec. 2. (a) As used in this chapter, "health profession education
5 program" means an education program that:
6 (1) is designed to prepare a student for a career in a health
7 profession regulated by an entity described in IC 25-0.5-11;
8 and
9 (2) requires a student to complete clinical training or clinical
10 experience at an offsite facility.
11 (b) The term includes an intern, residency, and graduate
12 program (as defined in IC 21-44-1-12).
13 Sec. 3. As used in this chapter, "immunization" means the
14 treatment of an individual with a vaccine to produce immunity.
15 Sec. 4. As used in this chapter, "student" means a student
16 enrolled in a health profession education program.
17 Sec. 5. A student may not be required to receive an
18 immunization as a condition of:
19 (1) participating in; or
20 (2) obtaining;
21 clinical training or clinical experience required by a health
22 profession education program.
23 Sec. 6. (a) A student may bring a civil action against an entity
24 that violates this chapter.
25 (b) The court may award to a student who prevails in an action
26 under this section any of the following:
27 (1) Injunctive relief.
28 (2) Costs and reasonable attorney's fees.
29 SECTION 5. An emergency is declared for this act.
2024 IN 1072—LS 6249/DI 147