“Implied Consent” For Vaccinations

[LFC Comments: We have been made aware of the concept of “implied consent” as it relates to children being vaccinated in schools. The following article by the World Health Organization provides a comprehensive explanation of vaccinations, and “implied consent’.]


https://www.who.int/immunization/programmes_systems/policies_strategies/consent_note_en.pdf

[LFC Comment: We wanted to be sure that we understood the current policies of the local Lake County School District, so we contacted the school officials of the Riverside School District. Their written policy is following the Ohio Revised Code sections R.C. 3313.67, 3313.671, 3313.671(B)]

https://codes.ohio.gov/orc/3313.67

https://codes.ohio.gov/orc/3313.671

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Riverside School District response:

“I checked with a few colleagues here and they were not sure what “implied consent” is. Below is our district policy regarding immunization/vaccinations. Vaccinations are normally the responsibility of the parents as they should provide vaccination records to the school. Let me know if you have any additional questions.”

5320 – IMMUNIZATION

In order to safeguard the school community from the spread of certain communicable diseases and in recognition that prevention is a means of combating the spread of disease, the Board of Education requires all students to be immunized against poliomyelitis, measles, diphtheria, rubella (German measles), pertussis, tetanus, mumps, and others legally designated in accordance with State statutes, unless specifically exempt for medical or other reasons. The Board requires that students who start kindergarten during or after the school year beginning in 1999 be immunized against Hepatitis B or be in the process of being immunized. The Board also requires that students who start kindergarten during or after the school year beginning in 2006 be immunized against chicken pox. The Board further requires that students enrolled in grades 7 through 12 during or after the school year beginning in 2016 be immunized against meningococcal disease in accordance with the administration procedures prescribed by the Ohio Department of Health (see AG 5320). This policy pertains to both students who currently attend school in the District and those eligible to attend.

The Superintendent may exempt a student from being immunized against either or both measles and mumps if the student presents a signed statement from a parent or physician indicating s/he has had measles or mumps and does not need to be immunized. The student will be allowed to attend school only if a physician’s statement indicates there is no danger of contagion. In case of an outbreak of the disease for which the student has not been immunized or an epidemic, the Superintendent shall not allow the student to attend school.

In the case of a chicken pox epidemic in the school’s population, the Superintendent may deny admission to a student otherwise exempted from the chicken pox immunization requirement. The Superintendent shall prescribe methods whereby the academic standing of a student who is denied admission during a chicken pox epidemic is preserved.

The Superintendent may also exempt a student from immunization if a physician certifies in writing that immunization from a particular disease is medically contra-indicated.

A student may also be exempted from immunization if a parent or guardian objects for good cause, including religious conviction.

A student who has not completed immunization may be admitted to school provided the necessary immunizations are being received in the fastest time consistent with the approved immunization schedule and good medical practice and is consistent with the law.

The Board believes that immunization is the primary responsibility of the parent(s). For those students who do not have ready access to private or public health services, immunizations shall be provided at public expense.

Any immunization program conducted by this District requires prior approval of the Board and can only extend to those immunizations provided for by statute and the guidelines of this Board.

Revised 8/16/88
Revised 11/22/99
Revised 1/9/07

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[LFC Comment: It will be interesting to see how the policy will change because of the CoVid-19 pandemic. You may want to check your local school district’s policy regarding immunizations. No doubt, there will a lot of discussion on this subject in the coming months.

We wonder if elected will the Biden/Harris administration get the U.S. back into the W.H.O.? Stay tuned.]



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