(a) No student shall be permitted to attend any public or private school, college or university within Guam unless evidence is presented to the enrolling officer of such school, college or university that the student child is free from any communicable diseases, and has had all the required vaccinations or immunizations as the Director shall in conformity with Advisory Committee on Immunization Practice (‘ACIP’) of the United States Department of Human Services and the American Academy of Pediatrics (‘AAP’); provided, that in the event that the recommendations of the ACIP and the AAP differ, the Department shall determine which recommendations shall apply, except that exemption may be granted to a student in a case:

(1) when the vaccination or immunization would be against his or her religious beliefs and would not constitute a contagious health risk for the public at large, as certified annually prior to commencement of the school year by the Director in consultation with a Guam Licensed physician or by a Guam licensed physician; or

(2) upon certification by a parent or guardian of a student who is a minor, that such vaccination or immunization would be against their religious belief and would not constitute a contagious health risk for the public
at large, as certified annually prior to commencement of the school year by the Director in consultation with a Guam licensed physician or by a Guam Licensed physician; or

(3) when a student who has been certified by a Guam licensed medical doctor that said student should be exempt from this Section where medical contraindication to his or her receiving a specific vaccine exists.

(b) Certificates of medical and religious exemption shall be kept on file in Bureau of Communicable Diseases Control of the Department. A copy of the certificate for medical and religious exemption shall be included in the student’s record at the school.

(c) The Director shall notify enrolling officers of all schools and shall notify all parents by public media of any changes to the existing immunization schedules no later than March 1 of each year to allow for the smooth opening of traditionally scheduled schools.

(d) The Director shall require vaccination and immunization of any person or persons suspected as carriers of a communicable disease upon entering or leaving Guam which the Director believes may present a risk to the public health of Guam. In case of an epidemic or to control a possible epidemic of a communicable disease, the Director may direct that the general population be vaccinated and immunized against said disease. Students who are not immunized for whatever reason may be excluded from schools at the direction of the Director in case of an epidemic or to control a possible epidemic.

(e) (1) Nothing herein shall be construed or interpreted as to prevent the Guam Department of Education (GDOE) from implementing a School-Located Vaccination (SLV) program in any school or institution of higher learning on Guam for the purpose of administering vaccines required by Subsection (a). Such SLV program may additionally include, but not be limited to, the administering of human papillomavirus (HPV) vaccines, annual influenza (flu shot) vaccines, or any other vaccines not required by Subsection (a), but recommended by the United States Centers for Disease Control and Prevention (CDC). Such SLV
programs may be implemented in public schools, individually or on a system-wide basis. GDOE may enroll in the federally-funded Vaccine for Children (VFC) program, overseen by the Department of Public Health and Social Services Immunization Program, as a provider. The Department of Public Health and Social Services Immunization Program may assist GDOE at the start of the SLV Program by providing medical and ancillary supplies (syringes, needles, gloves, biohazard bags, sharps container, band aids, and alcohol prep pads) and may assist in meeting compliance for storage and handling, provide required digital loggers, a proper transport cooler, and if funding is available, a medical/pharmaceutical grade refrigerator.

(2) To the extent allowable and practical, the Guam Department of Education may bill any health insurance/plan company, Medicaid, the Medically Indigent Program (MIP), the Child Health Insurance Program (CHIP), or any other party providing coverage for which the child is covered for the cost of the vaccines/immunizations, supplies to administer vaccines/immunizations, the administering of the vaccines/immunizations, and other permitted costs. The Guam Department of Education is not permitted to bill any party for any vaccines or supplies that were received through federal programs or donations where the acceptance of such vaccines and supplies prohibits such billing. Revenues realized from such billing activities shall be used to cover the costs of the Guam Department of Education related to the SLV program, and maintained in a separate fund and bank account. Billing and accounting services may be administered by the Department of Administration or may be outsourced to a private accounting firm. All receipts, expenditures, and financial statements shall be subject to audit and review periodically as determined by the Guam Office of Public Accountability.

SOURCE: Added by P.L. 22-130:2 (May 31, 1994). Repealed and reenacted by P.L. 24-154:2 (Apr. 9, 1998). Subsection (a) amended by P.L. 24-335:2 (Dec. 30, 1998). Subsection (e) added by P.L. 35-102:1 (Oct. 29, 2020).

2021 NOTE: Subitem designations added pursuant to the authority of 1
GCA § 1606.

2013 NOTE: Numbers and/or letters were altered to adhere to the
Compiler’s alpha-numeric scheme in accordance to 1 Guam Code Ann. § 1606.