Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB229 Compare Versions

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

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 229
5	5	April 6, 2023 - Introduced by JOINT COMMITTEE FOR REVIEW OF ADMINISTRATIVE
6	6	RULES. Referred to Committee on Health, Aging and Long-Term Care.
7	7	*AUTHORS SUBJECT TO CHANGE*
8	8	AN ACT to amend 252.04 (1), 252.04 (2) and 252.04 (7); and to create 252.04 (1m)
9	9	of the statutes; relating to: prohibiting certain actions by the Department of
10	10	Health Services related to the immunization program.
11	11	Analysis by the Legislative Reference Bureau
12	12	Under current law, the Department of Health Services is required to carry out
13	13	a statewide immunization program. As part of the program, students in elementary,
14	14	middle, junior, or senior high school or in child care centers or nursery schools are
15	15	required to present written evidence of compliance with vaccination requirements
16	16	based upon their grade level. Current law specifies a number of diseases for which
17	17	vaccines are required under the program, but also allows DHS to specify other
18	18	diseases by administrative rule. Under current administrative rules, additional
19	19	diseases that DHS has specified include varicella, commonly known as chicken pox,
20	20	and meningococcal disease (meningitis). Current law provides that if an emergency
21	21	arises, consisting of a substantial outbreak, as determined by DHS by
22	22	administrative rule, of one of these diseases at a school or in the municipality in
23	23	which the school is located, DHS may order the school to exclude students who are
24	24	not immunized until the outbreak subsides.
25	25	This bill prohibits DHS from taking any of the following actions related to the
26	26	statewide immunization program: 1) requiring immunization against any disease,
27	27	including meningitis, under the program that was not specified by rule prior to
28	28	January 1, 2023, or 2) including varicella in its definition of what constitutes a
29	29	substantial outbreak of a disease. The bill also requires DHS to allow an exemption
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32	32	3 - 2 -2023 - 2024 Legislature LRB-2630/1
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34	34	ASSEMBLY BILL 229
35	35	from the varicella vaccine requirement if a parent or adult student reports that the
36	36	student has a history of varicella disease.
37	37	This bill is introduced as required by s. 227.26 (2) (f), stats., in support of the
38	38	action of the Joint Committee for Review of Administrative Rules in suspending
39	39	portions of chapter DHS 144, rules of the Department of Health Services relating to
40	40	the immunization of students, on March 9, 2023.
41	41	The people of the state of Wisconsin, represented in senate and assembly, do
42	42	enact as follows:
43	43	SECTION 1. 252.04 (1) of the statutes is amended to read:
44	44	252.04 (1) The department shall carry out a statewide immunization program
45	45	to eliminate mumps, measles, rubella (German measles), diphtheria, pertussis
46	46	(whooping cough), poliomyelitis, and other diseases that the department specifies,
47	47	subject to sub. (1m), has specified by rule, and to protect against tetanus. Any person
48	48	who immunizes an individual under this section shall maintain records identifying
49	49	the manufacturer and lot number of the vaccine used, the date of immunization and
50	50	the name and title of the person who immunized the individual. These records shall
51	51	be available to the individual or, if the individual is a minor, to his or her parent,
52	52	guardian or legal custodian upon request.
53	53	SECTION 2. 252.04 (1m) of the statutes is created to read:
54	54	252.04 (1m) (a) The department may not do any of the following relating to the
55	55	immunization program under this section:
56	56	1. Require immunization against any disease by rule unless the disease was
57	57	specified by rule under subs. (1) and (2) prior to January 1, 2023.
58	58	2. Include varicella in its definition or determination for what constitutes a
59	59	substantial outbreak of a disease under sub. (7).
60	60	(b) If the department, under this section, requires a vaccine against varicella,
61	61	the department shall exempt a student from that requirement if the student, if an
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83	83	SECTION 2
84	84	ASSEMBLY BILL 229
85	85	adult, or the student's parent, guardian, or legal custodian reports that the student
86	86	has a history of varicella disease.
87	87	SECTION 3. 252.04 (2) of the statutes is amended to read:
88	88	252.04 (2) Any student admitted to any elementary, middle, junior, or senior
89	89	high school or into any child care center or nursery school shall, within 30 school days
90	90	after the date on which the student is admitted, present written evidence to the
91	91	school, child care center, or nursery school of having completed the first
92	92	immunization for each vaccine required for the student's grade and being on
93	93	schedule for the remainder of the basic and recall (booster) immunization series for
94	94	mumps, measles, rubella (German measles), diphtheria, pertussis (whooping
95	95	cough), poliomyelitis, tetanus, and other diseases that the department specifies,
96	96	subject to sub. (1m), has specified by rule or shall present a written waiver under sub.
97	97	(3).
98	98	SECTION 4. 252.04 (7) of the statutes is amended to read:
99	99	252.04 (7) If an emergency arises, consisting of a substantial outbreak as
100	100	determined by the department by rule, subject to sub. (1m), of one of the diseases
101	101	specified in sub. (2) at a school or in the municipality in which the school is located,
102	102	the department may order the school to exclude students who are not immunized
103	103	until the outbreak subsides.
104	104	(END)
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