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139.9 Immunization of children.

1. Every parent or legal guardian shall assure that the person's minor children residing in the state have been adequately immunized against diphtheria, pertussis, tetanus, poliomyelitis, rubeola, and rubella according to recommendations provided by the Iowa department of public health subject to the provisions of subsections 3 and 4.

2. A person shall not be enrolled in any licensed child care center, elementary or secondary school in Iowa without evidence of adequate immunization against diphtheria, pertussis, tetanus, poliomyelitis, rubeola, and rubella. Evidence of adequate immunization against haemophilus influenza b shall be required prior to enrollment in any licensed child care center. Immunizations shall be provided according to recommendations provided by the Iowa department of public health subject to the provisions of subsections 3 and 4.

3. Subject to the provision of subsection 4 the state board of health may modify or delete any of the immunizations in subsection 1.

4. Immunization is not required for a person's enrollment in any elementary or secondary school or licensed child care center if that person submits to the admitting official either of the following:

a. A statement signed by a doctor, who is licensed by the state board of medical examiners, in which it is stated that, in the doctor's opinion, the immunizations required would be injurious to the health and well-being of the applicant or any member of the applicant's family or household; or

b. An affidavit signed by the applicant or, if a minor, by a legally authorized representative, stating that the immunization conflicts with the tenets and practice of a recognized religious denomination of which the applicant is an adherent or member; however, this exemption does not apply in times of emergency or epidemic as determined by the state board of health and as declared by the director of public health.

5. A person may be provisionally enrolled in an elementary or secondary school or licensed child care center if the person has begun the required immunizations and if the person continues to receive the necessary immunizations as rapidly as is medically feasible. The Iowa department of public health shall promulgate rules relating to the provisional admission of persons to an elementary or secondary school or licensed child care center.

6. The local board of health shall furnish the Iowa department of public health sixty days after the first official day of school evidence that each person enrolled in any elementary or secondary school has been immunized as required in this section subject to subsection 4. The Iowa department of public health shall promulgate rules pursuant to chapter 17A relating to the reporting of evidence of immunization.

7. The local boards of health shall provide the required immunizations to children in areas where no local provision exists to provide these services.

8. The Iowa department of public health in consultation with the director of the department of education shall promulgate rules for the implementation of this section and shall provide those rules to local school boards and local boards of health.

Section History: Early form

[C79, 81, § 139.9]

Section History: Recent form

83 Acts, ch 81, § 1; 85 Acts, ch 212, §21; 94 Acts, ch 1068, §5

Internal References

Referred to in § 239.10, 299.4


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