Pennsylvania Act 2002-83 — COLLEGE AND UNIVERSITY STUDENT VACCINATION ACT

Act text

COLLEGE AND UNIVERSITY STUDENT VACCINATION ACT
                  Act of Jun. 28, 2002, P.L. 492, No. 83              Cl. 24
                                  AN ACT

     Providing for vaccination against meningococcal disease for
        students at institutions of higher education.

        General Assembly of the Commonwealth of Pennsylvania hereby
     enacts as follows:

     Section 1.  Short title.
        This act shall be known and may be cited as the College and
     University Student Vaccination Act.
     Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Branch campus."  A branch campus is a unit of an institution
     of higher education which is distinguished by all of the
     following characteristics:
            (1)  An academic degree-granting program or organized
        parts thereof offered on a continuing basis.
            (2)  Location separately identifiable from the main
        campus of the parent institution and providing the services
        normally associated with the campus.
            (3)  Legal authority for governance, administration and
        general operation derived from the charter or enabling
        legislation of the parent institution or of the State System
        of Higher Education.
        "Community colleges."  Institutions now or hereafter created
     pursuant to Article XIX-A of the act of March 10, 1949 (P.L.30,
     No.14), known as the Public School Code of 1949, or the act of
     August 24, 1963 (P.L.1132, No.484), known as the Community
     College Act of 1963.
        "Dormitory or housing unit."  A building owned by an
     institution of higher education which is used as a residence by
     students of the institution.
        "Independent institution of higher education."  An
     institution of higher education which is operated not for
     profit, located in and incorporated or chartered by the
     Commonwealth, entitled to confer degrees and apply to itself the
     designation "college" or "university" as provided for by
     standards and qualifications prescribed by the State Board of
     Education under 24 Pa.C.S. Ch. 65 (relating to private colleges,
     universities and seminaries).
        "Institution of higher education."  An independent
     institution of higher education, a community college, a State-
     owned institution or a State-related institution, any of which
     is approved by the Department of Education.
        "State-owned institutions."  Those institutions which are
     part of the State System of Higher Education pursuant to Article
     XX-A of the act of March 10, 1949 (P.L.30, No.14), known as the
     Public School Code of 1949.
        "State-related institutions."  The Pennsylvania State
     University, the University of Pittsburgh, Temple University and
     Lincoln University and their branch campuses.
     Section 3.  Vaccination requirement.
        (a)  General rule.--Except as provided in subsection (b), an
     institution of higher education shall prohibit a student from
     residing in a dormitory or housing unit unless the student has
     received a one-time vaccination against meningococcal disease.
     If the student is a minor, the vaccination may only be
     administered with the consent of the student's parent or
     guardian.
        (b)  Exception.--An institution of higher education shall
     permit a student to reside in a dormitory or housing unit
     without being vaccinated for religious or other reasons against
     meningococcal disease if the institution provides detailed
     information on the risks associated with meningococcal disease
     and the availability and the effectiveness of any vaccine to:
            (1)  The student, if the student is 18 years of age or
        older and the student signs a written waiver stating that the
        student has received and reviewed the information provided
        and has chosen not to be vaccinated for religious or other
        reasons against meningococcal disease.
            (2)  The student's parent or guardian, if the student is
        a minor and the student's parent or guardian signs a written
        waiver stating that the parent or guardian has received and
        reviewed the information provided and has chosen not to have
        the student vaccinated for religious or other reasons against
        meningococcal disease.
        (c)  Construction.--Nothing in this section shall be
     construed to require an institution of higher education to
     provide or pay for vaccinations against meningococcal disease.
     An institution is only responsible for the dissemination of
     information and documentation of vaccination or collection of
     waiver forms.
     Section 4.  Effective date.
        This act shall take effect in 60 days.