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TITLE 23. HEALTH AND SAFETY
CHAPTER 23-07. REPORTABLE DISEASES
N.D. Cent. Code, § 23-07-17.1 (2006)
§ 23-07-17.1. Inoculation required before
admission to school
1.A child may not be admitted to any public,
private, or parochial school, or day care center, child care facility,
head start program, or nursery school operating in this state or
be supervised through home-based instruction unless the child's
parent or guardian presents to the institution authorities a certification
from a licensed physician or authorized representative of the state
department of health that the child has received age appropriate
immunization against diphtheria, pertussis, tetanus, measles, rubella
(German measles), mumps, hepatitis B, haemophilus influenza type
b (Hib), varicella (chickenpox), poliomyelitis, pneumococcal disease,
meningococcal disease, rotovirus, and hepatitis A. In the case of
a child receiving home-based instruction, the child's parent or
legal guardian shall file the certification with the public school
district in which the child resides.
2. A child may enter an institution upon submitting
written proof from a licensed physician or authorized representative
of the state department of health stating that the child has started
receiving the required immunization or has a written consent by
the child's parent or guardian for a local health service or department
to administer the needed immunization without charge or has complied
with the requirements for certificate of exemption as provided for
in subsection 3.
3. Any minor child, through the child's parent
or guardian, may submit to the institution authorities either a
certificate from a licensed physician stating that the physical
condition of the child is such that immunization would endanger
the life or health of the child or a certificate signed by the child's
parent or guardian whose religious, philosophical, or moral beliefs
are opposed to such immunization. The minor child is then exempt
from the provisions of this section.
4. The enforcement of subsections 1, 2, and 3
is the responsibility of the designated institution authority.
5. The immunizations required, and the procedure
for their administration, as prescribed by the state department
of health, must conform to recognized standard medical practices
in the state. The state department of health shall administer the
provisions of this section and shall promulgate rules and regulations
in the manner prescribed by chapter 28-32 for the purpose of administering
this section.
6. When, in the opinion of the health officer,
danger of an epidemic exists from any of the communicable diseases
for which immunization is required under this section, the exemptions
from immunization against such disease may not be recognized and
children not immunized must be excluded from an institution listed
in subsection 1 until, in the opinion of the health officer, the
danger of the epidemic is over. The designated institution authority
shall notify those parents or guardians taking legal exception to
the immunization requirements that their children are excluded from
school during an epidemic as determined by the state department
of heal
7. When, in the opinion of the health officer,
extenuating circumstances make it difficult or impossible to comply
with immunization requirements, the health officer may authorize
children who are not immunized to be admitted to an institution
listed in subsection 1 until the health officer determines that
the extenuating circumstances no longer exist. Extenuating circumstances
include a shortage of vaccine and other temporary circumstances.
The above changes relate to additional immunizations
required, and an "extenuating circumstances" paragraph
allowing for unimmunized children to attend school.
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