Department of State Division of Publications 312 Rosa L. Parks, 8th Floor Snodgrass/TN Tower Nashville, TN 37243 Phone: 615-741-2650 Email: publications.information@tn.gov For Department of State Use Only Sequence Number: DI... ~?..., <;s Rule ID(s): (p1.,g {o File Date (effective End Effective Date: date): -~'~/Z_'f~/~Li~- '?-Y/~2~i"-I/I-'-/~~-- Emergency Rule Filing Form Emergency rules are effective from date of filing for a period of up to 180 days. _A_gency/Board/Commission: Division: Contact Person: Address: Tennessee Board of Regents System-wide Student Rules Mary G. Moody Office of General Counsel 1 Bridgestone Park, 3 rd Floor Nashville, Tennessee Zip: 37214 Phone: 615-366-4438 Email: Marv.Moody@tbr.edu -- Rule Type: X Emergency Rule Revision Type (check all that apply): Amendment X New Repeal Statement of Necessity~=----------------- - ------ - ---- -~ In April, 2017, the General Assembly of the State of Tennessee passed Senate Bill No. 393, codified as T.C.A. 49-7-124, relative to higher education immunization requirements. T.C.A. 49-7-124 was amended by adding a new subsection requiring each higher education governing board, in consultation with the state department of health, to promulgate rules regarding immunization requirements for students enrolled within each respective institution. These new rules are required for the health and safety of students, faculty, and administrators at all TBR campuses. Rule(s) Revised (ALL chapters and rules contained in filing must be listed here. If needed, copy and paste additional tables to accommodate multiple chapters. Please make sure that ALL new rule and repealed rule numbers are listed in the chart below. Please enter only ONE Rule Number/Rule Title per row) Chapter Number Chapter Title 0240-02-09 Student Immunization Requirements Rule Number Rule Title 0240-02-09-.01 Immunization Rules 0240-02-09-.02 Information Provided to Students 0240-02-09-. 03 Exemptions RDA11693
Rules of Tennessee Board of Regents Chapter 0240-02-09 Student Immunization Requirements Emergency Rule Table of Contents is added to Chapter 0240-02-09 Student Immunization Requirements and shall read as follows: 0240-02-09-.01 Immunization Rules 0240-02-09-.02 Information Provided to Students 0240-02-09-.03 Exemptions Table of Contents 0240-02-09-.01 is added to Chapter 0240-02-09 Student Immunization Requirements and shall read as follows: 0240-02-09-.01 Immunization Rules (1) Each college shall ask all applicants for admission to provide health information that establishes the applicant's compliance with the recommended immunization schedule for measles, mumps, rubella, and varicella for adults, issued by the Center for Disease Control and Prevention (CDC) Advisory Committee on Immunization Practices (ACIP). (a) Proof of prior or current military service shall be considered proof of the recommended immunizations. (b) Students with proof of graduation from a Tennessee high school after 2014 shall not be required to submit evidence of the recommended immunizations, except as specified below. (c) Students enrolling in a course of study that is exclusively online and does not involve any experiential component shall not be asked to provide immunization information. (2) Except as otherwise required for specific programs of study, failure to provide documentation of recommended immunization shall not be a bar to admission, however, should the college experience an outbreak of a communicable disease, all students without documented immunization for the disease shall be presumed to be un-immunized and subject to immunization, quarantine or isolation recommendations for the purposes of public health disease control. (3) Notwithstanding the forgoing, any applicant to a program that involves interaction with children, such as a teacher education or early childhood education training program, must present proof of compliance with the recommended 2-dose immunization schedule for mumps, rubella, and varicella for adults, issued by the CDC-ACIP. (4) Notwithstanding the foregoing, any applicant enrolling in a school of nursing, laboratory technology, or any other allied health profession must present proof of compliance with the immunization schedule for healthcare personnel issued by the CDC-ACIP. Authority: TC.A. 49-7-124 and 125. 0240-02-09-.02 is added to Chapter 0240-02-09 Student Immunization Requirements and shall read as follows: 0240-02-09-.02 Information Provided to Students (1) Each college shall provide each new incoming student with detailed information concerning the risk factors for hepatitis B infection and the availability and effectiveness of vaccine for persons who are at risk of the disease. (2) Each college shall provide each new incoming student with detailed information concerning the recommended immunization schedule for measles, mumps, rubella and varicella for adults issued by the Center for Disease Control Advisory Committee on Immunization Practices, and the availability and RDA21693
effectiveness of the recommended vaccines. (3) Each new incoming student shall return a completed waiver form ind icating that the college has provided the information required in this section. Authority: TC.A. 49-7-124 and 125. 0240-02-09-.03 is added to Chapter 0240-02-09 Student Immunization Requirements and shall read as follows: 0240-02-09-.03 Exemptions (1) A student who is required to show proof of immunization under these rules may be exempted from the requirements only under the following circumstances: (a) Where a physician licensed by the board of medical examiners, the board of osteopathic examiners or a health department certifies in writing that a particular vaccine is contraindicated for one (1) of the following reasons: 1. The individual meets the criteria for contraindication set forth in the manufacturer's vaccine package insert; 2. The individual meets the criteria for contraindication published by the CDC-ACIP; or 3. In the best professional judgment of the physician, based upon the individual's medical condition and history, the risk of harm from the vaccine outweighs the potential benefit. (b) Where a parent or guardian or, in the case of an adult student, the student provides to the institution a written statement, affirmed under penalties of perjury, that vaccination conflicts with the religious tenets and practices of the parent or guardian or, in the case of an adult student, the student. Authority: TC.A. 49-7-124. RDA31693
The vote by the Tennessee Board of Regents on these rules was as follows: Board Member Aye No Abstain Absent Signature (if required) Bill Haslam X Candice McQueen )( Marylou Apple X Larry Autry 'X Greg Duckett X Yolanda Greene X Tom Griscom ~ Joey Hatch 'x. Fran Marcum y Jeremy Mitchell y Barbara Prescott y Emily Reynolds )( Leigh Shockey Jai Templeton y x' Danni Varian ')( Tom White \( / I certify that this is an accurate and complete copy of an emergency rule(s), lawfully promulgated and adopted. Date: Signature: Name of Officer: Title of Officer: General Counsel & Board Secretary t;:;r 'SYY)e:v~ Ct. {:) My commission expires on: 8 Notary Public Signature: -_~_7._-_a,_( RDA41693
Agency/Board/Commission: Tennessee Board of Regents Emergency Rules Chapter 0240-02-09 Student Immunization Requirements All emergency rules provided for herein have been examined by the Attorney General and Reporter of the State of Tennessee and are approved as to legality pursuant to the provisions of the Administrative Procedures Act, Tennessee Code Annotated, Title 4, Chapter 5. Department of State Use Only Herbert H. Sia ry Attorney General and Reporter '/'1f''~ Date Filed with the Department of State on: ----~L._,/,.2c..._q 4 j'--'-i-"'<] Effective for: --------'-'/&..,_01,L *d_a_,_y_s_ Effective through: 7/~8//& -------=-<-~YI'--'--'-,, _ * Emergency rule(s) may be effective for up to 180 days from the date of filing. / Tre Hargett Secretary of State '.,... -er: C.)~rv ' J.....,.! - t. -. -,.. ~_J= <..:: C (_) LJ.J if) RDA51693
. \ Impact on Local Governments Pursuant to T.C.A. 4-5-220 and 4-5-228 "any rule proposed to be promulgated shall state in a simple declarative sentence, without additional comments on the merits of the policy of the rules or regulation, whether the rule or regulation may have a projected impact on local governments." (See Public Chapter Number 1070 (http://state.tn.us/sos/acts/106/pub/pc1070.pdf) of the 201 0 Session of the General Assembly) This rule is anticipated to have no Impact on Local Governments RDA61693
.,. Additional Information Required by Joint Government Operations Committee All agencies, upon filing a rule, must also submit the following pursuant to T.C.A. 4-5-226(i)(1 ). (A) A brief summary of the rule and a description of all relevant changes in previous regulations effectuated by such rule; The rule sets out the immunization requirements for students attending Tennessee Board of Regents institutions. It changes, by statute and rules, the requirement that the Tennessee Board of Regents follow Tennessee Department of Health rules. (B) A citation to and brief description of any federal law or regulation or any state law or regulation mandating promulgation of such rule or establishing guidelines relevant thereto; T.C.A. 49-7-124 authorizes public higher education governing boards in Tennessee, in consultation with the state department of health, to promulgate rules regarding immunization requirements for students enrolled within each respective institution. (C) Identification of persons, organizations, corporations or governmental entities most directly affected by this rule, and whether those persons, organizations, corporations or governmental entities urge adoption or rejection of this rule; I TBR Board, college administration; students; state health department, who all urge adoption. (D) Identification of any opinions of the attorney general and reporter or any judicial ruling that directly relates to the rule or the necessity to promulgate the rule; None (E) An estimate of the probable increase or decrease in state and local government revenues and expenditures, if any, resulting from the promulgation of this rule, and assumptions and reasoning upon which the estimate is based. An agency shall not state that the fiscal impact is minimal if the fiscal impact is more than two percent (2%) of the agency's annual budget or five hundred thousand dollars ($500,000), whichever is less; None (F) Identification of the appropriate agency representative or representatives, possessing substantial knowledge and understanding of the rule; Mary G. Moody General Counsel Tennessee Board of Regents (G) Identification of the appropriate agency representative or representatives who will explain the rule at a scheduled meeting of the committees; Mary G. Moody General Counsel Tennessee Board of Reqents (H) Office address, telephone number, and email address of the agency representative or representatives who will explain the rule at a scheduled meeting of the committees; and Mary G. Moody Tennessee Board of Regents 1 Bridgestone Park, 3 rd Floor Nashville, Tennessee 37214 615-366-4438 Marv. Moodv@tbr.edu RDA71693
,. I (I) Any additional information relevant to the rule proposed for continuation that the committee requests. None RDA81693
REDLINE 0240-02-09-.01 Immunization Rules 0240-02-09-.02 Information Provided to Students 0240-02-09-.03 Exemptions 0240-02-09-.01 Immunization Rules Rules of Tennessee Board of Regents Chapter 0240-02-09 Student Immunization Requirements Emergency Rule Table of Contents (1) Each college shall ask all applicants for admission to provide health information that establishes the applicant's compliance with the recommended immunization schedule for measles, mumps, rubella, and varicella for adults, issued by the Center for Disease Control and Prevention (CDC) Advisory Committee on Immunization Practices (ACIP). (a) Proof of prior or current military service shall be considered proof of the recommended immunizations. (b) Students with proof of graduation from a Tennessee high school after 2014 shall not be required to submit evidence of the recommended immunizations, except as specified below. (c) Students enrolling in a course of study that is exclusively online and does not involve any experiential component shall not be asked to provide immunization information. (2) Except as otherwise required for specific programs of study, failure to provide documentation of recommended immunization shall not be a bar to admission, however, should the college experience an outbreak of a communicable disease, all students without documented immunization for the disease shall be presumed to be unimmunized and subject to immunization, quarantine or isolation recommendations for the purposes of public health disease control. (3) Notwithstanding the forgoing, any applicant to a program that involves interaction with children, such as a teacher education or early childhood education training program, must present proof of compliance with the recommended 2-dose immunization schedule for mumps, rubella, and varicella for adults, issued by the CDC-ACIP. (4) Notwithstanding the foregoing, any applicant enrolling in a school of nursing, laboratory technology, or any other allied health profession must present proof of compliance with the immunization schedule for healthcare personnel issued by the CDC-ACIP. Authority: T.C.A. 49-7-124 and 125. 0240-02-09-.02 Information Provided to Students (1) Each college shall provide each new incoming student with detailed information concerning the risk factors for hepatitis B infection and the availability and effectiveness of vaccine for persons who are at risk of the disease.
.. -- (2) Each college shall provide each new incoming student with detailed information concerning the recommended immunization schedule for measles, mumps, rubella and varicella for adults issued by the Center for Disease Control Advisory Committee on Immunization Practices, and the availability and effectiveness of the recommended vaccines. (3) Each new incoming student shall return a completed waiver form indicating that the college has provided the information required in this section. Authority: T.C.A. 49-7-124 and 125. 0240-02-09-.03 Exemptions (1) A student who is required to show proof of immunization under these rules may be exempted from the requirements only under the following circumstances: (a) Where a physician licensed by the board of medical examiners, the board of osteopathic examiners or a health department certifies in writing that a particular vaccine is contraindicated for one (1) of the following reasons: 1. The individual meets the criteria for contraindication set forth in the manufacturer's vaccine package insert; 2. The individual meets the criteria for contraindication published by the CDC ACIP; or 3. In the best professional judgment of the physician, based upon the individual's medical condition and history, the risk of harm from the vaccine outweighs the potential benefit. (b) Where a parent or guardian or, in the case of an adult student, the student provides to the institution a written statement, affirmed under penalties of perjury, that vaccination conflicts with the religious tenets and practices of the parent or guardian or, in the case of an adult student, the student. Authority: T.C.A. 49-7-124.