A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-29-40, RELATING TO THE DEPARTMENT OF PUBLIC HEALTH'S GENERAL SUPERVISION OF VACCINATION, SCREENING, AND IMMUNIZATION, SO AS TO ALLOW THE DEPARTMENT OF PUBLIC HEALTH TO HAVE GENERAL SUPERVISION OF EXEMPTIONS TO VACCINATIONS, SCREENING, AND IMMUNIZATION; BY ADDING SECTION 44-29-45 SO AS TO ALLOW A PARENT OR GUARDIAN OF A MINOR CHILD TO SEEK A PERSONAL EXEMPTION FROM ANY VACCINATION OR IMMUNIZATION REQUIRED TO ATTEND A PUBLIC INSTITUTION, SCHOOL, OR DAY CARE; AND BY AMENDING SECTION 44-29-180, RELATING TO THE VACCINATION OR IMMUNIZATION OF CHILDREN IN DAY CARE, SO AS TO INCLUDE A CERTIFICATE OF PERSONAL EXEMPTION.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Section 44-29-40(A) of the S.C. Code is amended to read:

 

    (A) The Department of Public Health and Environmental Control shall have general direction and supervision of vaccination, screening, and immunization in this State. The Department of Public Health shall have general direction and supervision of exemptions to vaccinations, screenings, and immunizations in this State. The Department of Public Health and Environmental Control has the authority to promulgate regulations concerning vaccination, screening, and immunization requirements, and exemptions to immunization requirements.

 

SECTION 2.  Chapter 29, Title 44 of the S.C. Code is amended by adding:

 

    Section 44-29-45.  The Department of Public Health shall allow for the parent or guardian of a minor child to seek a personal exemption from any vaccination or immunization required to attend a public institution, school, or day care facility in this State. A parent or guardian of a minor child may obtain a South Carolina Certificate of Personal Exemption from the local health department.

 

SECTION 3.  Section 44-29-180 of the S.C. Code is amended to read:

 

    Section 44-29-180. (A) No superintendent of ana public institution of learning, no school board or principal of a public school, and no owner or operator of a public or private childcare facility as defined in Section 63-13-20 may admit as a pupil or enroll or retain a child or person who cannot produce satisfactory evidence of having been vaccinated or immunized so often as directed by the Department of Public Health and Environmental Control.  Records of vaccinations or immunizations must be maintained by the institution, school, or day care facility to which the child or person has been admitted.

    (B) The Department of Public Health and Environmental Control shall monitor the immunization status of each child who is enrolled or retained in a licensedpublic child day care facility or a registered church or religious child day care facility.  The monitoring of day care facilities shall consist of a review of the immunization or vaccination records to insure that required immunizations are complete as recommended and routinely provided by the Department of Public Health and Environmental Control for all infants and children.

    (C) South Carolina Department of Public Health and Environmental Control Regulation 61-860-8, as amended, "Vaccination, Screening and Immunization Regarding Contagious Diseases", and its exemptions apply to this section.

    (D) A South Carolina Certificate of Special Exemption signed by the school principal, authorized representative, or day care director may be issued to transfer students while awaiting arrival of medical records from their former area of residence or to other students who have been unable to secure immunizations or documentation of immunizations already received.  A South Carolina Certificate of Special Exemption may be issued only once and is valid for only thirty calendar days from date of enrollment.  At the expiration of this special exemption, the student must present a valid South Carolina Certificate of Immunization, a valid South Carolina Certificate of Medical Exemption, a valid South Carolina Certificate of Personal Exemption, or a valid South Carolina Certificate of Religious Exemption.

    (E) Registered family day care homes are exempt from requirements of this section.

    (F)(1) Notwithstanding the requirements of this section, the governing body of a private childcare facility as defined in Section 63-13-20, a registered church or religious child day care facility, or a private school as defined in Section 59-1-110 may adopt vaccination or immunization requirements other than those set forth in subsection (A) for admission or enrollment in the facility, provided that records of vaccinations or immunizations are maintained by the school or day care facility for each child or person who has been admitted.

       (2) During a public health emergency, the department may isolate or quarantine a child or person enrolled at the school or day care facility who is not vaccinated or immunized so often as directed by the department against the contagious disease for which the public health emergency was declared and the child or person has been diagnosed with or exposed to the contagious disease for which the public health emergency was declared.

 

SECTION 4.  This act takes effect upon approval by the Governor.

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