53G-9-309. School record of students’ immunization status — Confidentiality.
(1)
Each school shall maintain a current list of all enrolled students, noting each student:
Terms Used In Utah Code 53G-9-309
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 53G-9-301
Immunization record: means a record relating to a student that includes:
(a)
information regarding each required vaccination that the student has received, including the date each vaccine was administered, verified by:
(i)
a licensed health care provider;
(ii)
an authorized representative of a local health department;
(iii)
an authorized representative of the department;
(iv)
a registered nurse; or
(v)
a pharmacist;
(b)
information regarding each disease against which the student has been immunized by previously contracting the disease; and
(c)
an exemption form identifying each required vaccination from which the student is exempt, including all required supporting documentation described in Section 53G-9-303. 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
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
School: means any public or private:
(a)
elementary or secondary school through grade 12;
(b)
preschool;
(c)
child care program, as that term is defined in Section 26B-2-401;
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)
for whom the school has received a valid and complete immunization record;
(b)
who is exempt from receiving a required vaccine; and
(c)
who is allowed to attend school under Section 53G-9-308.
(2)
Each school shall ensure that the list described in Subsection (1) specifically identifies each disease against which a student is not immunized.
(3)
Upon the request of an official from a local health department in the case of a disease outbreak, a school principal or administrator shall:
(a)
notify the legally responsible individual of any student who is not immune to the outbreak disease, providing information regarding steps the legally responsible individual may take to protect students;
(b)
identify each student who is not immune to the outbreak disease; and
(c)
for a period determined by the local health department not to exceed the duration of the disease outbreak, do one of the following at the discretion of the school principal or administrator after obtaining approval from the local health department:
(i)
provide a separate educational environment for the students described in Subsection (3)(b) that ensures the protection of the students described in Subsection (3)(b) as well as the protection of the remainder of the student body; or
(ii)
prevent each student described in Subsection (3)(b) from attending school.
(4)
A name appearing on the list described in Subsection (1) is subject to confidentiality requirements described in Section 26B-1-212 and Section 53E-9-202.
