I 108th CONGRESS 2d Session H. R. 4080 IN THE HOUSE OF REPRESENTATIVES March 31, 2004 Mr. Andrews (for himself and Mr. Isakson) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To require entering students who will reside in on-campus housing at postsecondary institutions to have received meningococcal vaccinations.

1.

Short title

This Act may be cited as the &short-title1;.

2.

Vaccination requirements

Part G of title IV of the Higher Education Act of 1965 is amended by inserting after section 485C (20 U.S.C. 1092c) the following new section:

485D.

Vaccination requirements

(a)

Definitions

As used in this section: (1)The term enrolled means having registered for a credit or noncredit course. (2)The term postsecondary institution means a school of post-secondary education that generally limits enrollment to graduates of secondary schools and awards degrees at the associate, baccalaureate, or graduate level. (3)The term meningococcal vaccination means receipt of the vaccine protecting against at least the four serogroups of A, C, Y, and W–135 of meningococcal disease within the 3 years preceding the date on which the individual moves into on-campus student housing. (4)The term on-campus student housing means housing provided to individuals, regardless of the fee, that is owned, rented, or contracted for and operated by a postsecondary institution, or through written agreement, with an agent of the postsecondary institution. (b)

Required meningococcal vaccination

Except as provided in subsection (c), an individual enrolled in a postsecondary institution living in on-campus student housing shall— (1)obtain a meningococcal vaccination; and (2)submit written documentation to the postsecondary institution from a health care professional or clinic of receipt of a meningococcal vaccination. (c)

Notification of required meningococcal vaccination

A postsecondary institution shall— (1)inform an individual or the parent or guardian of an individual younger than 18 years old of the requirement for meningococcal vaccination at the time the individual— (A)is accepted for admission to a postsecondary institution; or (B)registers for classes, if the individual is not required to apply for admission before registering for courses; (2)include notice of the requirement for meningococcal vaccination in— (A)admission acceptance information; (B)student health-related information and materials; (C)resident life information and materials; (D)the student handbook; and (E)the college catalog; and (3)provide detailed information to an individual who resides or may reside in on-campus student housing or the parent or guardian of an individual younger than 18 years old who resides or may reside in on-campus student housing concerning— (A)the risks associated with meningococcal disease; and (B)the availability and effectiveness of meningococcal vaccine. (d)

Exemption from meningococcal vaccination requirement

(1)

Adults

An individual 18 years old or older is exempt from the meningococcal vaccination requirement under section 3 if the individual presents to the postsecondary institution a signed written waiver in the form required by section 6 stating that the individual has— (A)received and reviewed the information specified in section 4; and (B)chosen not to obtain the meningococcal vaccination. (2)

Minors

An individual younger than 18 years old is exempt from the meningococcal vaccination requirement under section 3 if a signed written waiver in the form required by section 6 is presented to the postsecondary institution on behalf of the individual stating that a parent or guardian of the individual has— (A)received and reviewed the information specified in section 4; and (B)chosen not to have the individual obtain the meningococcal vaccination. (e)

Waiver form

(1)

Adults

A waiver form for an individual 18 years old or older shall— (A)state that the individual— (i)is 18 years old or older; (ii)has received and reviewed the information provided by the postsecondary institution on the risk of meningococcal disease and the availability and effectiveness of meningococcal vaccine; and (iii)chooses to waive the receipt of meningococcal vaccine; and (B)provide spaces for the— (i)printed name of the individual; (ii)signature of the individual; and (iii)date. (2)

Minors

A waiver form for an individual younger than 18 years old shall— (A)state that— (i)the individual is younger than 18 years old; (ii)the parent or guardian of the individual has received and reviewed the information provided by the postsecondary institution on the risk of meningococcal disease and the availability and effectiveness of meningococcal vaccine; and (iii)the parent or guardian of the individual chooses to waive the receipt of meningococcal vaccine for the individual; and (B)provide spaces for the— (i)printed name of the individual; (ii)printed name of the parent or guardian; (iii)signature of the parent or guardian; and (iv)date. (f)

Payment for inoculation

Nothing in this section shall be construed to require a postsecondary institution or a local public health agency to provide or pay for a meningococcal vaccination.

.