53G-9-304.  Vaccination exemption form.

(1)  The department shall:

Terms Used In Utah Code 53G-9-304

  • Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 53G-9-301
  • Health official: means an individual designated by a local health department from within the local health department to consult and counsel parents and licensed health care providers, in accordance with Subsection 53G-9-304(2)(a). See Utah Code 53G-9-301
  • Health official designee: means a licensed health care provider designated by a local health department, in accordance with Subsection 53G-9-304(2)(b), to consult with parents, licensed health care professionals, and school officials. See Utah Code 53G-9-301
  • Legally responsible individual: means :
(a) a student's parent;
(b) the student's legal guardian;
(c) an adult brother or sister of a student who has no legal guardian; or
(d) the student, if the student:
(i) is an adult; or
(ii) is a minor who may consent to treatment under Section 26B-4-321. See Utah Code 53G-9-301
  • Licensed health care provider: means a health care provider who is licensed under Title 58, Occupations and Professions, as:
    (a) a medical doctor;
    (b) an osteopathic doctor;
    (c) a physician assistant; or
    (d) an advanced practice registered nurse. See Utah Code 53G-9-301
  • Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 53G-9-301
  • Person: means :Utah Code 68-3-12.5
  • Student: means an individual who attends a school. See Utah Code 53G-9-301
  • vaccination: means the administration of a vaccine. See Utah Code 53G-9-301
  • Vaccination exemption form: means a form, described in Section 53G-9-304, that documents and verifies that a student is exempt from the requirement to receive one or more required vaccines. See Utah Code 53G-9-301
  • Vaccine: means the substance licensed for use by the United States Food and Drug Administration that is injected into or otherwise administered to an individual to immunize the individual against a communicable disease. See Utah Code 53G-9-301
  • (a)  develop a vaccination exemption form that includes only the following information:

    (i)  identifying information regarding:

    (A)  the student to whom an exemption applies; and

    (B)  the legally responsible individual who claims the exemption for the student and signs the vaccination exemption form;

    (ii)  an indication regarding the vaccines to which the exemption relates;

    (iii)  a statement that the claimed exemption is for:

    (A)  a medical reason; or

    (B)  a personal or religious belief; and

    (iv)  an explanation of the requirements, in the event of an outbreak of a disease for which a required vaccine exists, for a student who:

    (A)  has not received the required vaccine; and

    (B)  is not otherwise immune from the disease; and

    (b)  provide the vaccination exemption form created in this Subsection (1) to local health departments.
  • (2) 

    (a)  Each local health department shall designate one or more individuals from within the local health department as a health official to consult, regarding the requirements of this part, with:

    (i)  parents, upon the request of parents;

    (ii)  school principals and administrators; and

    (iii)  licensed health care providers.

    (b)  A local health department may designate a licensed health care provider as a health official designee to provide the services described in Subsection (2)(a).

    (3) 

    (a)  To receive a vaccination exemption form described in Subsection (1), a legally responsible individual shall complete the online education module described in Section 26B-7-118, permitting an individual to:

    (i)  complete any requirements online; and

    (ii)  download and print the vaccine exemption form immediately upon completion of the requirements.

    (b)  A legally responsible individual may decline to take the online education module and obtain a vaccination exemption form from a local health department if the individual:

    (i)  requests and receives an in-person consultation at a local health department from a health official or a health official designee regarding the requirements of this part; and

    (ii)  pays any fees established under Subsection (4)(b).

    (4) 

    (a)  Neither the department nor any other person may charge a fee for the exemption form offered through the online education module in Subsection (3)(a).

    (b)  A local health department may establish a fee of up to $25 to cover the costs of providing an in-person consultation.

    Amended by Chapter 328, 2023 General Session