Bill Text: PA HB361 | 2009-2010 | Regular Session | Introduced

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Bill Title: In pupils and attendance, further providing for immunization required and penalty; and requiring children to be tested for diabetes prior to admission.

Spectrum: Strong Partisan Bill (Democrat 11-1)

Status: (Introduced - Dead) 2009-02-11 - Referred to HEALTH AND HUMAN SERVICES [HB361 Detail]

Download: Pennsylvania-2009-HB361-Introduced.html

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PRINTER'S NO. 408
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 361 Session of2009
INTRODUCED BY CRUZ, YOUNGBLOOD, FRANKEL, SIPTROTH, KIRKLAND, READSHAW, PHILLIPS, STABACK, D. COSTA, GEORGE AND JOSEPHS, FEBRUARY 11, 2009
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, FEBRUARY 11, 2009
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in pupils and attendance, further
providing for immunization required and penalty; and
requiring children to be tested for diabetes prior to
admission.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1303 of the act of March 10, 1949 (P.L.
30, No.14), known as the Public School Code of 1949, added April
11, 1974 (P.L.258, No.67), is amended to read:
Section 1303. Immunization and Testing for Diabetes
Required; Penalty.--(a) It shall be the duty of all school
directors, superintendents, principals, or other persons in
charge of any public, private, parochial, or other school
including kindergarten, to ascertain that every child, prior to
admission to school for the first time has been:
(1) immunized, as the Secretary of Health may direct,
against such diseases as shall appear on a list to be made and
from time to time reviewed by the Advisory Health Board[.]; and
(2) tested, as the Secretary of Health may direct, for
diabetes.
All certificates of immunization and testing shall be issued
in accordance with the rules and regulations promulgated by the
Secretary of Health with the sanction and advice of the Advisory
Health Board.
(b) Any person who shall fail, neglect, or refuse to comply
with, or who shall violate, any of the provisions or
requirements of this section, except as hereinafter provided,
shall, for every such offense, upon summary conviction thereof,
be sentenced to pay a fine of not less than five dollars ($5)
nor more than one hundred dollars ($100), and in default
thereof, to undergo an imprisonment in the jail of the proper
county for a period not exceeding sixty (60) days. All such
fines shall be paid into the treasury of the school district.
(c) The provisions of this section shall not apply in the
case of any child deemed to have a medical contraindication
which may contraindicate immunization or testing and so
certified by a physician. Such certificates may be accepted in
lieu of a certificate of immunization and testing.
(d) The provisions of this section shall not apply in the
case of any child whose parent or guardian objects in writing to
such immunization or testing on religious grounds.
Section 2. This act shall take effect in 60 days.
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