http://www.state.in.us/legislative/ic/1999/title20/ar8.1/ch7.html

Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
05/21/2001 09:01:35 PM EST

IC 20-8.1-7
    Chapter 7. Health Measures

IC 20-8.1-7-1
    Sec. 1. When the power to make rules for the administration of any section of this chapter is not specifically granted to a particular board or agency, the state department of health and the Indiana state board of education shall jointly adopt rules. The adoption of any rule under this chapter shall be in accordance with IC 4-22-2. However, the state department of health may prescribe forms for any reports required under this chapter without formal procedures.
(Formerly: Acts 1973, P.L.218, SEC.1.) As amended by P.L.2-1992, SEC.706.

IC 20-8.1-7-2
    Sec. 2. (a) Except as otherwise provided, a school child may not be required to undergo any testing, examination, immunization, or treatment required under this chapter when the child's parent objects on religious grounds. A religious objection does not exempt a child from any testing, examination, immunization, or treatment required under this chapter unless the objection is:
        (1) made in writing;
        (2) signed by the child's parent; and
        (3) delivered to the child's teacher or to the individual who might order a test, an exam, an immunization, or a treatment absent the objection.
    (b) A teacher may not be compelled to undergo any testing, examination, or treatment under this chapter when the teacher objects on religious grounds. A religious objection will not exempt an objecting individual from any testing, examination, or treatment required under this chapter unless the objection is:
        (1) made in writing;
        (2) signed by the objecting individual; and
        (3) delivered to the principal of the school in which the objecting individual teaches.
(Formerly: Acts 1973, P.L.218, SEC.1.) As amended by Acts 1976, P.L.103, SEC.1; P.L.192-1993, SEC.1.

IC 20-8.1-7-2.5
    Sec. 2.5. Exception for Child's Health. If any physician certifies that a particular immunization required by this chapter is or may be detrimental to the child's health, the requirements of this chapter for that particular immunization is inapplicable for that child until it is found no longer detrimental to the child's health.
As added by Acts 1976, P.L.103, SEC.2.

IC 20-8.1-7-3

YAMD.1973
    Sec. 3. Medical Inspection. The governing body of a school corporation may provide for the inspection of school children by a

school physician to determine whether any children suffer from disease, disability, decayed teeth or other defects which may reduce their efficiency or prevent them from receiving the full benefit of their school work.
(Formerly: Acts 1973, P.L.218, SEC.1.)

IC 20-8.1-7-4
    Sec. 4. Exemption from Examination. If the parent of a pupil furnishes a certificate of examination from an Indiana physician at the beginning of a school year, the child is exempt from any examination which the governing body may require under section 3 of this chapter. The certificate of examination shall state that the physician has examined the child and reported the results to the parents. The governing body may require a parent to furnish additional certificates from time to time.
(Formerly: Acts 1973, P.L.218, SEC.1.)

IC 20-8.1-7-5
    Sec. 5. School Physicians and Nurses. The governing body of a school corporation may appoint one or more school physicians and one or more nurses who are registered to practice nursing in Indiana. A nurse appointed under this section is responsible for emergency nursing care of children when an illness or an accident occurs during school hours or on or near school property.
(Formerly: Acts 1973, P.L.218, SEC.1.)

IC 20-8.1-7-6
    Sec. 6. Medical Personnel; Optional Methods of Appointment. Two or more school corporations may jointly employ one (1) physician, a health co-ordinator and one or more nurses. School corporations may also employ these personnel jointly with a civil city or town. Arrangements under this section shall be on terms agreeable to all corporations involved.
(Formerly: Acts 1973, P.L.218, SEC.1.)

IC 20-8.1-7-7
    Sec. 7. General Duties of School Physician. A school physician shall make prompt examination of all children referred to him. He shall examine teachers and jaintors and inspect school buildings to the extent required, in his opinion, to protect the health of pupils and teachers.
(Formerly: Acts 1973, P.L.218, SEC.1.)

IC 20-8.1-7-8

YAMD.1987
    Sec. 8. (a) If a child is ill, has a communicable disease, or is infested with parasites, the school principal may send the child home with a note to the child's parent or guardian. The note must describe the nature of the illness or infestation and, if appropriate, recommend that the family physician be consulted.
    (b) If the parent or guardian of a child who is sent home under this

section is financially unable to provide the necessary medical care, it shall be provided by a public health facility. If no public health facility is available, the township trustee or other appropriate governmental agency shall provide the necessary relief.
    (c) A child who is sent home under this section may be readmitted to the school:
        (1) when it is apparent to school officials that the child is no longer ill, no longer has a communicable disease, or no longer infested with parasites;
        (2) upon certification of a physician that the child is no longer ill, no longer has a communicable disease, or no longer is infested with parasites;
        (3) upon certification of a physician that the child has a communicable disease, but the disease is not transmissible through normal school contacts; or
        (4) upon certification by a Christian Science practitioner, who is listed in The Christian Science Journal, that based on the practitioner's observation the child apparently is no longer ill, no longer has a communicable disease, or no longer is infested with parasites.
If school personnel disagree with the certifying physician or Christian Science practitioner as to whether the child should be readmitted to school, the local health officer shall determine whether the child may be readmitted to school.
    (d) A person who objects to the determination made by the local health officer under this section may appeal to the secretary of the state board of health, who is the ultimate authority. IC 4-21.5 applies to appeals under this subsection.
(Formerly: Acts 1973, P.L.218, SEC.1.) As amended by P.L.196-1987, SEC.4.

IC 20-8.1-7-9
    Sec. 9. (a) Each school shall keep an immunization record of its students. These records shall be kept uniformly throughout the state according to procedures prescribed by the state department of health.
    (b) When a student transfers to another school, the school from which the student is transferring may furnish, not more than twenty (20) days after the transfer, a copy of the student's immunization record to the school to which the student is transferring.
    (c) When a student is enrolled in a postsecondary institution (as defined in IC 20-12-71-8), the school from which the student graduated may furnish a copy of the student's immunization record to the postsecondary institution. If the student is enrolled in a postsecondary institution while still attending a secondary level school, the secondary level school that the student is attending may furnish a copy of the student's immunization record to the postsecondary institution.
(Formerly: Acts 1973, P.L.218, SEC.1.) As amended by P.L.2-1992, SEC.707; P.L.192-1993, SEC.2.

IC 20-8.1-7-9.5
    Sec. 9.5. (a) Every child residing in Indiana shall be immunized

against:
        (1) diphtheria;
        (2) pertussis (whooping cough);
        (3) tetanus;
        (4) measles;
        (5) rubella;
        (6) poliomyelitis; and
        (7) mumps.
    (b) Every child residing in Indiana who enters kindergarten or grade 1 shall be immunized against hepatitis B.
    (c) The state department of health may expand or otherwise modify the list of communicable diseases that require documentation of immunity as medical information becomes available that would warrant the expansion or modification in the interest of public health.
    (d) The state department of health shall adopt rules under IC 4-22-2 specifying the:
        (1) required immunizations;
        (2) child's age for administering each vaccine;
        (3) adequately immunizing doses; and
        (4) method of documentation of proof of immunity.
    (e) Each school shall notify each parent of a child who enrolls in the school of the requirement that the child must be immunized and that the immunization is required for the child's continued enrollment, attendance, or residence at the school unless:
        (1) the parent or child provides the appropriate documentation of immunity; or
        (2) section 2 or 2.5 of this chapter applies.
As added by Acts 1976, P.L.103, SEC.3. Amended by P.L.205-1985, SEC.1; P.L.2-1992, SEC.708; P.L.192-1993, SEC.3; P.L.87-1998, SEC.1; P.L.231-1999, SEC.16.

IC 20-8.1-7-9.6
    Sec. 9.6. (a) The parent of any child who has not received the required immunizations shall present the child to a physician and request the physician to administer the immunizations. If the parent is unable to secure the immunizations, the local health department serving the area in which the child resides may provide the immunizations. These vaccines provided by the local health department shall be furnished by the local health board or the state department of health from available supplies.
    (b) The physician who administers the required vaccines to a child shall give a certificate or other documentation of the immunizations to the person who presented the child for immunization. This certificate or other documentation shall be presented on request to the local health department or its authorized representative.
As added by Acts 1976, P.L.103, SEC.4. Amended by P.L.2-1992, SEC.709; P.L.192-1993, SEC.4.

IC 20-8.1-7-10
    (Repealed by Acts 1981, P.L.96, SEC.4.)

IC 20-8.1-7-10.1
    Sec. 10.1. (a) Each school shall require the parents of a child who has enrolled in the school to furnish no later than the first day of school a written statement of the child's immunization, accompanied by the physician's certificates or other documentation, unless a written statement of this nature is on file with the school.
    (b) The statement must show, except for a child covered by section 2 or 2.5 of this chapter, that the child has been immunized as required under section 9.5 of this chapter. The statement must include the child's date of birth and the date of each immunization.
    (c) A child may not be permitted to attend school beyond the first day of school without furnishing this written statement, unless:
        (1) the school gives the parents of the child a waiver; or
        (2) the local health department or a physician determines that the child's immunization schedule has been delayed due to extreme circumstances and that the required immunizations will not be completed before the first day of school.
The waiver referred to in subdivision (1) may not be granted for a period that exceeds twenty (20) days. If subdivision (2) applies, the parent of the child shall furnish the written statement and a time schedule, approved by a physician or the local health department, for the completion of the remainder of the immunizations.
    (d) The state department of health may commence an action against a school under IC 4-21.5-3-6 or IC 4-21.5-4 for the issuance of an order of compliance for failure to enforce this section.
    (e) Neither a religious objection under section 2 of this chapter nor an exception for the child's health under section 2.5 of this chapter shall relieve any parent from the reporting requirements imposed under this section.
    (f) The state department of health shall adopt rules under IC 4-22-2 to implement this section.
As added by Acts 1981, P.L.96, SEC.3. Amended by Acts 1981, P.L.197, SEC.1; P.L.205-1985, SEC.2; P.L.2-1992, SEC.710; P.L.192-1993, SEC.5.

IC 20-8.1-7-11

YAMD.1998
    Sec. 11. (a) Not later than sixty (60) days after the enrollment of children for the first time and when additional immunizations are required by statute or rule, each school shall file a written report with the state department of health and the local health department having jurisdiction. The report shall include the following:
        (1) A statement of the number of children who have demonstrated immunity against diphtheria, pertussis (whooping cough), tetanus, measles, rubella, poliomyelitis, mumps, and hepatitis B.
        (2) A statement of the number of children who have not demonstrated immunity against the illnesses listed in subdivision (1).
        (3) A statement of the number of children who have been found positive for sickle cell anemia and lead poisoning.
    (b) The state department of health and the local health department shall, for good cause shown that there exists a substantial threat to the health and safety of a student or the school community, be able to validate immunization reports by onsite reviews or examinations of nonidentifying immunization record data. This section does not independently authorize the state department of health, a local department of health, or an agent of the state or local department of health to have access to identifying medical or academic record data of individual students attending nonaccredited nonpublic schools.
    (c) A report shall also be filed for each child who enrolls subsequent to the filing of the report for children who enrolled at the beginning of the school year. The state department of health shall have exclusive power to adopt rules for the administration of this section.
(Formerly: Acts 1973, P.L.218, SEC.1.) As amended by Acts 1976, P.L.103, SEC.6; P.L.205-1985, SEC.3; P.L.2-1992, SEC.711; P.L.192-1993, SEC.6; P.L.87-1998, SEC.2.

IC 20-8.1-7-12
    (Repealed by P.L.213-1983, SEC.1.)

IC 20-8.1-7-13
    (Repealed by P.L.213-1983, SEC.1.)

IC 20-8.1-7-14
    Sec. 14. A sickle cell anemia test shall be administered to each pupil when the examining physician or school nurse determines that the test is necessary. The physician shall state on the examination form whether the test was given and, if it was, the result. All positive results shall be filed with the examining physician and the state department of health. The state department of health and state board of education shall adopt joint rules and regulations concerning sickle cell anemia testing equipment, qualifications for sickle cell testing personnel, and sickle cell anemia testing procedures. Records of all tests shall be made and continuously maintained by the state department of health in order to provide information useful in protecting, promoting and maintaining the health of school children.
(Formerly: Acts 1973, P.L.218, SEC.1.) As amended by P.L.2-1992, SEC.712.

IC 20-8.1-7-15
    Sec. 15. The governing body of a school corporation may require its pupils to be tested for lead poisoning. If a child's parent is financially unable to pay for the test and so states in writing, the child shall be referred to the free clinic or public health facility in the area which provides services for indigents. The state department of health and the Indiana state board of education shall adopt joint rules concerning lead poisoning testing under this section. Records of all tests shall be made and continuously maintained by the state department of health in order to provide information useful in protecting, promoting and maintaining the health of school children.
(Formerly: Acts 1973, P.L.218, SEC.1.) As amended by P.L.2-1992,

SEC.713.

IC 20-8.1-7-16
    Sec. 16. (a) The governing body of each school corporation shall conduct:
        (1) an annual vision test, using the modified clinical technique described in subsection (c), of all children upon their enrollment in either kindergarten or the first grade; and
        (2) an annual screening test of the visual acuity of all children enrolled in or transferred to the third and eighth grades and of all other school children suspected of having a visual defect.
    (b) Records of all tests shall be made and continuously maintained in order to provide information useful in protecting, promoting, and maintaining the health of school children. The state department of health and the Indiana state board of education shall adopt joint rules concerning vision testing equipment, qualifications of vision testing personnel, visual screening procedures, and criteria for failure and referral in the screening tests based upon accepted medical practice and standards.
    (c) For purposes of this section, "modified clinical technique" means a battery of vision tests that includes:
        (1) a visual acuity test to determine an individual's ability to see at various distances;
        (2) a refractive error test to determine the focusing power of the eye;
        (3) an ocular health test to determine any external or internal abnormalities of the eye; and
        (4) a binocular coordination test to determine if the eyes are working together properly.
(Formerly: Acts 1973, P.L.218, SEC.1.) As amended by P.L.140-1986, SEC.1; P.L.2-1992, SEC.714.

IC 20-8.1-7-16.5
    Sec. 16.5. (a) If a school corporation is unable to comply with section 16(a)(1) of this chapter, the governing body of the school corporation may, before November 1 of a school year, request from the state superintendent of public instruction a waiver of the requirements of section 16(a)(1) of this chapter.
    (b) The waiver request under subsection (a) must:
        (1) be in writing;
        (2) include the reason or reasons that necessitated the waiver request; and
        (3) indicate the extent to which the governing body of the school corporation attempted to comply with the requirements under section 16(a)(1) of this chapter.
    (c) The state superintendent of public instruction shall take action on the waiver request no later than thirty (30) days after receiving the waiver request.
    (d) The state superintendent of public instruction may:
        (1) approve the waiver request;
        (2) deny the waiver request; or
        (3) provide whatever relief that may be available to enable the school corporation to comply with the requirements under section 16(a)(1) of this chapter.
    (e) If the state superintendent of public instruction approves the waiver request, the governing body of the school corporation shall conduct an annual screening test of the visual acuity of all children upon their enrollment in or transfer to the first grade.
As added by P.L.140-1986, SEC.2.

IC 20-8.1-7-17
    Sec. 17. Audiometer Tests. The governing body of every school corporation shall annually conduct an audiometer test or a similar test to determine the hearing efficiency of all school children in the first, fourth, seventh and tenth grades, of all transferred school children and of all school children suspected of having hearing defects. A governing body may appoint the technicians and assistants necessary to perform the testing required under this section. Records of all tests shall be made and continuously maintained in order to provide information which may assist in diagnosing and treating any child's auditory abnormality. However, diagnosis and treatment shall be performed only on recommendation of an Indiana physician who has examined the child. The local governing body may adopt rules and regulations for the administration of this section.
(Formerly: Acts 1973, P.L.218, SEC.1.)

IC 20-8.1-7-18
    Sec. 18. (a) Whenever the test required under section 17 of this chapter discloses that the hearing of any child is impaired and the child cannot be taught advantageously in regular classes, the governing body of the school corporation shall provide appropriate remedial measures and correctional devices. The governing body shall advise the child's parents of the proper medical care, attention, and treatment needed. The governing body shall provide approved mechanical auditory devices and prescribe courses in lip reading by qualified, competent and approved instructors. The superintendent of public instruction and the head of the rehabilitative services bureau of the division of disability, aging, and rehabilitative services shall cooperate with school corporations to provide this assistance; they shall also provide advice and information to assist school corporations in complying with this section. The local governing body may adopt rules and regulations for the administration of this section.
    (b) Each school corporation may receive and accept bequests and donations for immediate use or as trusts or endowments to assist in meeting costs and expenses incurred in complying with the requirements of this section. When funds for the full payment of these expenses are not otherwise available, in any school corporation, any unexpended balance in the state treasury which is available for the use of local schools and is otherwise unappropriated may be loaned to the school corporation for that purpose by the governor. Any loan made by the governor under this section shall be repaid to the fund in the state treasury from which it came within two (2) years after the date it was

advanced. These loans shall be repaid through the levying of taxes in the borrowing school corporation.
(Formerly: Acts 1973, P.L.218, SEC.1.) As amended by P.L.41-1987, SEC.18; P.L.2-1992, SEC.715; P.L.4-1993, SEC.255; P.L.5-1993, SEC.268.

IC 20-8.1-7-19
    Sec. 19. A test to determine postural defects shall be administered to each public school student in the fifth, seventh, and ninth grades. The state department of health may recommend procedures and guidelines for the administration of this section.
As added by P.L.119-1984, SEC.1. Amended by P.L.2-1992, SEC.716.

IC 20-8.1-7-21
    Sec. 21. (a) The state board of education shall provide information stressing the moral aspects of abstinence from sexual activity in any literature that it distributes to schoolchildren and young adults concerning available methods for the prevention of acquired immune deficiency syndrome (AIDS). Such literature must state that the best way to avoid AIDS is for young people to refrain from sexual activity until they are ready as adults to establish, in the context of marriage, a mutually faithful monogamous relationship.
    (b) The state board of education may not distribute AIDS literature described in subsection (a) to schoolchildren without the consent of the governing body of the school corporation the schoolchildren attend.
As added by P.L.197-1987, SEC.2.

ALL INFORMATION, DATA, AND MATERIAL CONTAINED, PRESENTED, OR PROVIDED HERE IS FOR GENERAL INFORMATION PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS REFLECTING THE KNOWLEDGE OR OPINIONS OF THE PUBLISHER, AND IS NOT TO BE CONSTRUED OR INTENDED AS PROVIDING MEDICAL OR LEGAL ADVICE.  THE DECISION WHETHER OR NOT TO VACCINATE IS AN IMPORTANT AND COMPLEX ISSUE AND SHOULD BE MADE BY YOU, AND YOU ALONE, IN CONSULTATION WITH YOUR HEALTH CARE PROVIDER.