SB 228

Under current law, the Department of Health Services is required to carry out

a statewide immunization program. As part of the program, students in elementary,

middle, junior, or senior high school or in child care centers or nursery schools are

required to present written evidence of compliance with vaccination requirements

based upon their grade level. Current law specifies a number of diseases for which

vaccines are required under the program, but also allows DHS to specify other

diseases by administrative rule. Under current administrative rules, additional

diseases that DHS has specified include varicella, commonly known as chicken pox,

and meningococcal disease (meningitis). Current law provides that if an emergency

arises, consisting of a substantial outbreak, as determined by DHS by

administrative rule, of one of these diseases at a school or in the municipality in

which the school is located, DHS may order the school to exclude students who are

not immunized until the outbreak subsides.

This bill prohibits DHS from taking any of the following actions related to the

statewide immunization program: 1) requiring immunization against any disease,

including meningitis, under the program that was not specified by rule prior to

January 1, 2023, or 2) including varicella in its definition of what constitutes a

substantial outbreak of a disease. The bill also requires DHS to allow an exemption

from the varicella vaccine requirement if a parent or adult student reports that the

student has a history of varicella disease.

This bill is introduced as required by s. 227.26 (2) (f), stats., in support of the

action of the Joint Committee for Review of Administrative Rules in suspending

portions of chapter DHS 144, rules of the Department of Health Services relating to

the immunization of students, on March 9, 2023.