As Passed by the Senate

128th General Assembly Regular Session 2009-2010

Sub. S. B. No. 69

Senator Cates 

Cosponsors: Senators Hughes, Morano, Harris, Kearney, Miller, D., Niehaus, Sawyer, Schiavoni, Strahorn, Turner, Wilson, Miller, R. 

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A BILL

To amend sections 1713.55, 3332.25, 3345.85, and

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3701.133 of the Revised Code to require that

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students living in on-campus housing at

3

institutions of higher education be vaccinated for

4

meningococcal meningitis and hepatitis B or

5

obtain a waiver.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 1713.55, 3332.25, 3345.85, and	7
3701.133 of the Revised Code be amended to read as follows:	8

Sec. 1713.55. (A) As used in this section:

9

(1) "Nonprofit institution of higher education" or	10
"institution" means a nonprofit college, university, or other	11
institution that offers instruction in the arts and sciences,	12
business administration, engineering, philosophy, literature, fine	13
arts, law, medicine, nursing, social work, theology, and other	14
recognized academic and professional fields of study, and awards	15
degrees for fulfilling requirements of academic work beyond high	16
school.	17

(2) "On-campus student housing" means a dormitory or other	18
student residence that is owned or operated by or located on the	19
campus of a nonprofit institution of higher education.	20

(3) "Parent" means either parent, except that if one parent	21
has sole custody, "parent" means the parent with custody. "Parent"	22
also includes a guardian or, in the absence of a parent or	23
guardian, another person who has accepted responsibility for the	24
care of the student.	25

(B) BeginningExcept as provided in division (C) of this	26
section, beginning with the academic year that commences on or	27
after July 1, 20052010, a nonprofit institution of higher	28
education shall not permit a student to reside in on-campus	29
student housing unless the student, or, if the student is younger	30
than eighteen years of age, the student's parent, discloses to the	31
institution whetherprovides documentation or medical	32
certification that the student has been vaccinated against	33
meningococcal meningitis and hepatitis B by submitting to the	34
institution the meningitis and hepatitis B vaccination status	35
statement described in division (B) of section 3701.133 of the	36
Revised Code or a meningitis status statement form provided by	37
the institution that meets the requirements of division (B) of	38
section 3701.133 of the Revised Code. The statement may be	39
submitted in written form or, if the institution has a secure web	40
site, in electronic form.	41

(C) An institution with on-campus student housing shall	42
provide a waiver form to any student or parent who requests it.	43
The form shall include a statement for the student or parent to	44
acknowledge having received and read the information provided	45
pursuant to division (D)(2) of this section and a statement that	46
the student or parent has chosen for religious or medical reasons	47
not to have the student vaccinated against meningococcal	48
meningitis, hepatitis B, or both. If a student, or the student's	49
parent if the student is younger than eighteen years of age, signs	50
and returns the form to the institution, the institution shall	51
waive the vaccination requirement.	52

(D) On receipt of an application for residence in on-campus	53
student housing, a nonprofit institution of higher education shall	54
do bothall of the following:	55

(1) Inform the student of the disclosurevaccination	56
requirement;	57

(2) Provide the student in either written or, if the school	58
has a secure web site, electronic form the meningitis and	59
hepatitis B vaccination status statement described in division (B)	60
of section 3701.133 of the Revised Code or a meningitis status	61
statement form provided by the institution that meets the	62
requirements of division (B) ofinformation available on the	63
department of health web site pursuant to section 3701.133 of the	64
Revised Code;	65

(3) Inform the student that the vaccination requirement will	66
be waived if the student, or the student's parent if the student	67
is younger than eighteen years of age, signs and submits the	68
waiver form under division (C) of this section.	69

(D)(E) This section does not require an institution to	70
provide or pay for a meningococcal meningitis or hepatitis B	71
vaccination for any student.	72

(F) The Ohio board of regents shall adopt rules in accordance	73
with Chapter 119. of the Revised Code as necessary to implement	74
this section. The rules the board adopts shall be consistent with	75
the rules the board is required to adopt under division (F) of	76
section 3345.85 of the Revised Code and, at a minimum, shall	77
specify a process for each nonprofit institution of higher	78
education to report the institution's compliance with the	79
requirements of this section.	80

Sec. 3332.25. (A) As used in this section:

81

(1) "On-campus student housing" means a dormitory or other	82
student residence that is owned or operated by or located on the	83
campus of a school subject to this chapter.	84

(2) "Parent" means either parent, except that if one parent	85
has sole custody, "parent" means the parent with custody. "Parent"	86
also includes a guardian or, in the absence of a parent or	87
guardian, another person who has accepted responsibility for the	88
care of the student.	89

(B) BeginningExcept as provided in division (C) of this	90
section, beginning with the academic year that commences on or	91
after July 1, 20052010, a school subject to this chapter shall	92
not permit a student to reside in on-campus student housing unless	93
the student, or, if the student is younger than eighteen years of	94
age, the student's parent, discloses to the school whether	95
provides documentation or medical certification that the student	96
has been vaccinated against meningococcal meningitis and	97
hepatitis B by submitting to the school the meningitis and	98
hepatitis B vaccination status statement described in division	99
(B) of section 3701.133 of the Revised Code or a meningitis	100
status statement form provided by the school that meets the	101
requirements of division (B) of section 3701.133 of the Revised	102
Code. The statement may be submitted in written form or, if the	103
school has a secure web site, in electronic form.	104

(C) A school with on-campus student housing shall provide a	105
waiver form to any student or parent who requests it. The form	106
shall include a statement for the student or parent to acknowledge	107
having received and read the information provided pursuant to	108
division (D)(2) of this section and a statement that the student	109
or parent has chosen for religious or medical reasons not to have	110
the student vaccinated against meningococcal meningitis, hepatitis	111
B, or both. If a student, or the student's parent if the student	112
is younger than eighteen years of age, signs and returns the form	113
to the school, the school shall waive the vaccination requirement.	114

(D) On receipt of an application for residence in on-campus	115
student housing, a school subject to this chapter shall do both	116
all of the following:	117

(1) Inform the student of the disclosurevaccination	118
requirement;	119

(2) Provide the student in either written or, if the school	120
has a secure web site, electronic form the meningitis and	121
hepatitis B vaccination status statement described in division (B)	122
of section 3701.133 of the Revised Code or a meningitis status	123
statement form provided by the school that meets the requirements	124
of division (B) ofinformation available on the department of	125
health web site pursuant to section 3701.133 of the Revised Code;	126

(3) Inform the student that the vaccination requirement will	127
be waived if the student, or the student's parent if the student	128
is younger than eighteen years of age, signs and submits the	129
waiver form under division (C) of this section.	130

(D)(E) This section does not require a school to provide or	131
pay for a meningococcal meningitis or hepatitis B vaccination for	132
any student.	133

(F) The state board of career colleges and schools shall	134
adopt rules in accordance with Chapter 119. of the Revised Code as	135
necessary to implement this section. The rules the board adopts	136
shall be consistent with the rules the Ohio board of regents is	137
required to adopt under division (F) of section 3345.85 of the	138
Revised Code and, at a minimum, shall specify a process for each	139
school subject to this chapter to report the school's compliance	140
with the requirements of this section.	141

Sec. 3345.85. (A) As used in this section:

142

(1) "On-campus student housing" means a dormitory or other	143
student residence that is owned or operated by, or located on the	144
campus of a state institution of higher education.	145

(2) "Parent" means either parent, except that if one parent	146
has sole custody, "parent" means the parent with custody. "Parent"	147
also includes a guardian or, in the absence of a parent or	148
guardian, another person who has accepted responsibility for the	149
care of the student.	150

(B) BeginningExcept as provided in division (C) of this	151
section, beginning with the academic year that commences on or	152
after July 1, 20052010, a state institution of higher education	153
shall not permit a student to reside in on-campus student housing	154
unless the student, or, if the student is younger than eighteen	155
years of age, the student's parent, discloses to the institution	156
whetherprovides documentation or medical certification that the	157
student has been vaccinated against meningococcal meningitis and	158
hepatitis B by submitting to the institution the meningitis and	159
hepatitis B vaccination status statement described in division	160
(B) of section 3701.133 of the Revised Code or a meningitis	161
status statement form provided by the institution that meets the	162
requirements of division (B) of section 3701.133 of the Revised	163
Code. The statement may be submitted in written form or, if the	164
institution has a secure web site, in electronic form.	165

(C) An institution with on-campus student housing shall	166
provide a waiver form to any student or parent who requests it.	167
The form shall include a statement for the student or parent to	168
acknowledge having received and read the information provided	169
pursuant to division (D)(2) of this section and a statement that	170
the student or parent has chosen for religious or medical reasons	171
not to have the student vaccinated against meningococcal	172
meningitis, hepatitis B, or both. If a student, or the student's	173
parent if the student is younger than eighteen years of age, signs	174
and returns the form to the institution, the institution shall	175
waive the vaccination requirement.	176

(D) On receipt of an application for residence in on-campus	177
student housing, a state institution of higher education shall do	178
bothall of the following:	179

(1) Inform the student of the disclosurevaccination	180
requirement;	181

(2) Provide the student in either written or, if the	182
institution has a secure web site, electronic form the meningitis	183
and hepatitis B vaccination status statement described in division	184
(B) of section 3701.133 of the Revised Code or a meningitis	185
status statement form provided by the institution that meets the	186
requirements of division (B) ofinformation available on the	187
department of health web site pursuant to section 3701.133 of the	188
Revised Code;	189

(3) Inform the student that the vaccination requirement will	190
be waived if the student, or the student's parent if the student	191
is younger than eighteen years of age, signs and submits the	192
waiver form under division (C) of this section.	193

(D)(E) This section does not require an institution to	194
provide or pay for a meningococcal meningitis or hepatitis B	195
vaccination for any student.	196

(F) The Ohio board of regents shall adopt rules in accordance	197
with Chapter 119. of the Revised Code as necessary to implement	198
this section. At a minimum, the rules shall specify a process for	199
each state institution of higher education to report the	200
institution's compliance with the requirements of this section.	201

Sec. 3701.133. (A) The department of health shall make	202
available on its web site information about the risks associated	203
with meningococcal meningitis and hepatitis B, the availability of	204
vaccines, and the effectiveness of the vaccines. The department	205
shall provide written notice of the availability of meningococcal	206
meningitis and hepatitis B information on the web site to all of	207
the following:	208

(1)(A) Each city, local, exempted village, or joint	209
vocational school district, as defined in Chapter 3311. of the	210
Revised Code;	211

(2)(B) Each nonpublic school, whether chartered,	212
nonchartered, or nontax supported, that enrolls students in ninth	213
grade or the equivalent educational level;	214

(3)(C) Each community school created under section 3314.01 of	215
the Revised Code, that enrolls students in ninth grade or the	216
equivalent educational level;	217

(4)(D) Each state institution of higher education, as defined	218
in section 3345.011 of the Revised Code;	219

(5)(E) Each nonprofit institution of higher education, as	220
defined in section 1713.55 of the Revised Code;	221

(6)(F) Each private career school, as defined in section	222
3332.01 of the Revised Code.	223

(B) In addition to the information provided for in division	224
(A) of this section, the department of health shall make available	225
on its web site, in a format suitable for downloading, a	226
meningitis and hepatitis B vaccination status statement form for a	227
student or, if the student is younger than eighteen years of age,	228
the student's parent, to complete to disclose whether the student	229
has been vaccinated against meningococcal meningitis and hepatitis	230
B. The form shall include all of the following:	231

(1) The information described in division (A) of this section	232
and a means for the student or the student's parent to acknowledge	233
having received and read the information;	234

(2) A space for the student or the student's parent to	235
indicate one of the following:	236

(a) The student has been vaccinated against meningococcal	237
meningitis, and the year the vaccination was given.	238

(b) The student has not been vaccinated against meningococcal	239
meningitis.	240

(3) A space for the student or the student's parent to	241
indicate one of the following:	242

(a) The student has been vaccinated against hepatitis B, and	243
the year the vaccination was given.	244

(b) The student has not been vaccinated against hepatitis B.

245

Section 2.  That existing sections 1713.55, 3332.25, 3345.85,	246
and 3701.133 of the Revised Code are hereby repealed.	247

Section 3.  Section 3701.133 of the Revised Code, as amended	248
by this act, shall take effect July 1, 2010.	249

Section 4.  Until the end of its 2009-2010 academic year,	250
each nonprofit institution of higher education as defined in	251
section 1713.55 of the Revised Code, each private career school as	252
defined in section 3332.01 of the Revised Code, and each state	253
institution of higher education as defined in section 3345.011 of	254
the Revised Code shall continue to comply with the version of	255
sections 1713.55, 3332.25, and 3345.85 of the Revised Code,	256
respectively, in effect prior to the effective date of this	257
section.	258