| (a) A student is not required to submit evidence of
receiving the vaccination against bacterial meningitis or evidence
of receiving a booster dose if:
(1) the student is 22 years of age or older by the
first day of the start of the semester; or
(2) the student is enrolled only in online or other
distance education courses; or
(3) the student is enrolled in a continuing education
course or program that is less than 360 contact hours, or continuing
education corporate training; or
(4) the student is enrolled in a dual credit course
which is taught at a public or private K-12 facility not located on
a higher education institution campus; or
(5) the student is incarcerated in a Texas prison.
(b) A student, or a parent or guardian of a student,
is not required to submit evidence of receiving the vaccination against
bacterial meningitis if the student, or a parent or guardian of a
student, submits to the institution:
(1) an affidavit or a certificate signed by a physician
who is duly registered and licensed to practice medicine in the United
States, in which it is stated that, in the physician's opinion, the
vaccination required would be injurious to the health and well-being
of the student;
(2) an affidavit signed by the student stating that
the student declines the vaccination for bacterial meningitis for
reasons of conscience, including a religious belief. A conscientious
exemption form from the Texas Department of State Health Services
must be used for students attending a public university, health-related
institution, or private or independent institution of higher education.
The form must be submitted to the designated department or unit no
later than the 90th day after the date the affidavit is notarized;
or
(3) evidence of submitting a conscientious objection
form through a secure, Internet-based process developed and implemented
by the Texas Department of State Health Services. The Internet form
may be used by entering students attending a public junior college.
Public junior colleges may use the Internet-based process as the exclusive
method to apply for an exemption from the vaccination requirement
for reasons of conscience.
(c) The exception noted in subsection (b)(2) and (3)
of this section does not apply during a disaster or public health
emergency, terrorist attack, hostile military or paramilitary action,
or extraordinary law enforcement emergency declared by an appropriate
official or authority from the Texas Department of State Health Services
and is in effect for the location of the institution the student attends.
|
| Source Note: The provisions of this §21.614 adopted to be effective November 30, 2009, 34 TexReg 8527; amended to be effective November 29, 2011, 36 TexReg 8024; amended to be effective May 29, 2012, 37 TexReg 3805; amended to be effective November 20, 2013, 38 TexReg 8197 |
