Administrative Rule Review Report  #AR10-049

Legislative Service Office

3-Aug-10

 

AGENCY:                                 Department of Health.

 

DATE SUBMITTED:                   July 22, 2010.

 

SUBJECT:                                 Chapter 1, General Provisions; and Chapter 2, School Immunization Guidelines.

 

NATURE OF RULES:                     Legislative and procedural.

 

STATUTORY AUTHORITY:         W.S. 14-4-116(c), 21-4-309(a), (b), 35-1-240(a)(ii), 35-4-101.

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:              Apparently complete to date.

 

SUMMARY OF RULES:        The Department of Health is charged with prescribing mandatory immunizations for school children and protecting the public from communicable diseases.  These amended rules update the Department's rules for school immunizations, which were last updated in 2002.  The amendments:

 

     Reorganize the rules from one chapter into two chapters;

 

     Revise definitions of "school," "child caring facility" and "child" and create new definitions for "emancipated," "school nurse," and "Wyoming Immunization Registry";

 

     Extend the applicability of the rules to persons under the age of 21, with a process for emancipated persons or persons over age 18 to apply for medical or religious exemptions;

 

     Require the renewal of religious exemptions upon entry into the seventh grade;

 

     Authorize school nurses to review and retain immunization records of pupils;

 

     Expand the list of acceptable documents to establish administered vaccinations;

 

     Designate the Advisory Committee on Immunization Practices as the authority for  immunization requirements (replacing the United States Public Health Service, the Infectious Disease Society of America and the American Academy of Pediatrics);

 

     Revise the required and recommended vaccinations in the school immunization guidelines, which now appear in Chapter 2 of the rules.

 

 

 

 

 

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

 

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

 

 

 

                                                            _______________________

                                                            Gerald W. Laska

                                                            Staff Attorney

 

 

                                                            _______________________

                                                            Lynda G. Cook

                                                            Staff Attorney

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GWL/