HOUSE OF REPRESENTATIVES	H.B. NO.	1722
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

relating to immunization.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 302A-1156, Hawaii Revised Statutes, is amended to read as follows:

     "§302A-1156  Exemptions. (a)  A [child] student may be exempted from the required immunizations:

     (1)  If a licensed physician, physician assistant, or advanced practice registered nurse certifies that the physical condition of the [child] student is such that immunizations would endanger the [child's] student's life or health; or

     (2)  [If any parent, custodian, guardian, or any other person in loco parentis to a child objects to immunization in writing on the grounds that the immunization conflicts with that person's bona fide religious tenets and practices.  Upon showing the appropriate school official satisfactory evidence of the exemption, no certificate or other evidence of immunization shall be required for entry into school.]  If the student is attending a private school or a home school in accordance with section 302A-1132(a)(5)."

     SECTION 2.  Section 325-34, Hawaii Revised Statutes, is amended to read as follows:

     "§325-34  Exemptions. (a)  Section 325-32 shall be construed not to require the vaccination or immunization of any person for three months after a duly licensed physician, physician assistant, advanced practice registered nurse, or an authorized representative of the department of health has signed two copies of a certificate stating the name and address of the person and that because of a stated cause the health of the person would be endangered by the vaccination or immunization, and has forwarded the original copy of the certificate to the person or, if the person is a minor or under guardianship, to the person's parent or guardian, and has forwarded the duplicate copy of the certificate to the department for its files.

(b) [No] Except for students attending public schools, no person shall be subjected to vaccination, revaccination or immunization, who shall in writing object thereto on the grounds that the requirements are not in accordance with the religious tenets of an established church of which the person is a member or adherent, or, if the person is a minor or under guardianship, whose parent or guardian shall in writing object thereto on such grounds, but no objection shall be recognized when, in the opinion of the director of health, there is danger of an epidemic from any communicable disease."

     SECTION 3.  If, prior to January 1, 2017, a:

     (1)  Public school student who has reached the age of majority; or

     (2)  Parent, custodian, guardian, or any other person in loco parentis to a public school student,

submits to the public school at which that student is enrolled a written objection to immunization on the grounds that the immunization conflicts with that person's bona fide religious tenets and practices, the student shall be allowed to attend that public school until the end of the 2016-2017 school year.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2017; provided that section 3 shall take effect on July 1, 2016.

INTRODUCED BY:

_____________________________

Report Title:

Student Immunization

Description:

Requires all public school students to be immunized, except for cases in which the immunization would endanger the life or health of a child.  Exempts students attending private schools and home schools from immunization requirement.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.