NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 191

HOUSE BILL 463

 

 

AN ACT RELATING TO IMMUNIZATION OF CHILDREN.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Articles 9 and 9A of Chapter 130 of the General Statutes are hereby rewritten as Article 9 to read as follows:

"Article 9.

Immunization of Children against Certain Communicable Diseases.

"§ 130-87.  Immunization required. — Every child in North Carolina shall be immunized against certain communicable diseases by being administered vaccines as follows:

diphtheria, tetanus, whooping cough, poliomyelitis vaccines - before attaining the age of one year;

measles (rubeola) vaccine - before attaining the age of two years;

smallpox vaccine - before attaining the age of six years.

Vaccines shall be administered in adequately immunizing doses as determined by the State Board of Health. Vaccine preparations shall meet the standards of the United States Public Health Service and shall be approved for use by the State Board of Health.

"§ 130-88.  Presenting child for immunization. — The parent, parents, guardian or person in loco parentis of any child who has not previously received the required immunizations shall present the child to a physician licensed to practice medicine in North Carolina and request him to administer such immunizations. If the parent, parents, guardian or person in loco parentis of such child are unable to pay for the services of a private physician, they shall present the child to the local health director serving the county in which the child resides who shall then administer, or designate an appropriate person to administer, the required vaccine without charge. The vaccines necessary for immunizations by the local health director shall be furnished by the State Board of Health. The Board is authorized to make charges for such vaccines to cover the cost of maintaining and distributing them.

"§ 130-89.  Certificate of immunization. — The physician who administers the required vaccines to a child shall give a certificate of such immunizations to the person who presented the child for immunization. Such certificate shall be presented upon request to the local health director or his authorized representative.

"§ 130-90.  School admittance. — No parent, parents, guardian or person in loco parentis shall present a child for admittance to any public, private or parochial school in North Carolina, and no principal or teacher shall admit a child to such school, unless the person presenting the child for admittance shows a certificate of immunization or some other acceptable medical evidence that the child has received the required immunizations.

"§ 130-91.  Exemption for child's health. — If any physician licensed to practice medicine in North Carolina certifies that a particular immunization required by this Article is or may be detrimental to the child's health, the requirements of this Article for that particular immunization shall be inapplicable for that child until it is found no longer to be detrimental to the child's health.

"§ 130-92.  Exemption for religion. — If any parent, parents, guardian, or person in loco parentis to a child are bona fide members of a religious organization whose teachings are contrary to the practices herein required, they shall be exempt from presenting the child from immunization. Upon showing the principal or teacher satisfactory evidence of such exemption, no certificate or other evidence of immunization shall be required for such child to attend school.

"§ 130-93.  Penalty. — Any person violating this Article or any part thereof shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $50.00 or by imprisonment for not more than 30 days."

Sec. 2.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 13th day of April, 1971.