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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 229
April 6, 2023 - Introduced by JOINT COMMITTEE FOR REVIEW OF ADMINISTRATIVE
RULES. Referred to Committee on Health, Aging and Long-Term Care.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 252.04 (1), 252.04 (2) and 252.04 (7); and to create 252.04 (1m)
of the statutes; relating to: prohibiting certain actions by the Department of
Health Services related to the immunization program.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Health Services is required to carry out
a statewide immunization program. As part of the program, students in elementary,
middle, junior, or senior high school or in child care centers or nursery schools are
required to present written evidence of compliance with vaccination requirements
based upon their grade level. Current law specifies a number of diseases for which
vaccines are required under the program, but also allows DHS to specify other
diseases by administrative rule. Under current administrative rules, additional
diseases that DHS has specified include varicella, commonly known as chicken pox,
and meningococcal disease (meningitis). Current law provides that if an emergency
arises, consisting of a substantial outbreak, as determined by DHS by
administrative rule, of one of these diseases at a school or in the municipality in
which the school is located, DHS may order the school to exclude students who are
not immunized until the outbreak subsides.
This bill prohibits DHS from taking any of the following actions related to the
statewide immunization program: 1) requiring immunization against any disease,
including meningitis, under the program that was not specified by rule prior to
January 1, 2023, or 2) including varicella in its definition of what constitutes a
substantial outbreak of a disease. The bill also requires DHS to allow an exemption
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from the varicella vaccine requirement if a parent or adult student reports that the
student has a history of varicella disease.
This bill is introduced as required by s. 227.26 (2) (f), stats., in support of the
action of the Joint Committee for Review of Administrative Rules in suspending
portions of chapter DHS 144, rules of the Department of Health Services relating to
the immunization of students, on March 9, 2023.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 252.04 (1) of the statutes is amended to read:
252.04 (1) The department shall carry out a statewide immunization program
to eliminate mumps, measles, rubella (German measles), diphtheria, pertussis
(whooping cough), poliomyelitis, and other diseases that the department specifies,
subject to sub. (1m), has specified by rule, and to protect against tetanus. Any person
who immunizes an individual under this section shall maintain records identifying
the manufacturer and lot number of the vaccine used, the date of immunization and
the name and title of the person who immunized the individual. These records shall
be available to the individual or, if the individual is a minor, to his or her parent,
guardian or legal custodian upon request.
SECTION 2. 252.04 (1m) of the statutes is created to read:
252.04 (1m) (a) The department may not do any of the following relating to the
immunization program under this section:
1. Require immunization against any disease by rule unless the disease was
specified by rule under subs. (1) and (2) prior to January 1, 2023.
2. Include varicella in its definition or determination for what constitutes a
substantial outbreak of a disease under sub. (7).
(b) If the department, under this section, requires a vaccine against varicella,
the department shall exempt a student from that requirement if the student, if an
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adult, or the student's parent, guardian, or legal custodian reports that the student
has a history of varicella disease.
SECTION 3. 252.04 (2) of the statutes is amended to read:
252.04 (2) Any student admitted to any elementary, middle, junior, or senior
high school or into any child care center or nursery school shall, within 30 school days
after the date on which the student is admitted, present written evidence to the
school, child care center, or nursery school of having completed the first
immunization for each vaccine required for the student's grade and being on
schedule for the remainder of the basic and recall (booster) immunization series for
mumps, measles, rubella (German measles), diphtheria, pertussis (whooping
cough), poliomyelitis, tetanus, and other diseases that the department specifies,
subject to sub. (1m), has specified by rule or shall present a written waiver under sub.
(3).
SECTION 4. 252.04 (7) of the statutes is amended to read:
252.04 (7) If an emergency arises, consisting of a substantial outbreak as
determined by the department by rule, subject to sub. (1m), of one of the diseases
specified in sub. (2) at a school or in the municipality in which the school is located,
the department may order the school to exclude students who are not immunized
until the outbreak subsides.
(END)
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