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LRB-1459/1
TJD:skw
2021 - 2022 LEGISLATURE
January 25, 2021 - Introduced by Joint Committee for Review of Administrative
Rules
. Referred to Committee on State Affairs.
AB12,1,3 1An Act to amend 252.04 (2); and to create 252.04 (1m) of the statutes; relating
2to:
prohibiting certain actions by the Department of Health Services related to
3the immunization program.
Analysis by the Legislative Reference Bureau
This bill prohibits the Department of Health Services from taking any of the
following actions related to the statewide immunization program: including
varicella, which causes chicken pox, or meningococcal disease in the definition of
substantial outbreak, defining a substantial outbreak of mumps as being three or
more cases of mumps linked by time and place, delaying the requirement for a
student to obtain a vaccination by the combination tetanus, reduced diphtheria, and
acellular pertussis vaccine from before the 6th grade to before the 7th grade, adding
the meningococcal vaccine to those vaccines required for students to obtain before
entering 7th grade or requiring a booster of meningococcal vaccine before entering
12th grade, or refusing to allow an exception to the varicella vaccination requirement
for self-report by a parent or adult student of a history of varicella disease. Under
current law, DHS is allowed to add, by rule, to those diseases for which a school
student or a child entering a child care center or nursery school must obtain an
immunization.
This bill is introduced as required by s. 227.19 (5) (e) and (g), stats., in support
of the partial objection of the Joint Committee for Review of Administrative Rules

on May 5, 2020, to promulgation of clearinghouse rule 19-079 by DHS. The proposed
rule made revisions relating to immunization of students.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB12,1 1Section 1. 252.04 (1m) of the statutes is created to read:
AB12,2,32 252.04 (1m) The department may not do any of the following relating to the
3immunization program under this section:
AB12,2,54 (a) Include varicella and meningococcal disease in its definition of substantial
5outbreak.
AB12,2,76 (b) Define a substantial outbreak of mumps as being 3 or more cases of mumps
7linked by time and place.
AB12,2,108 (c) Change the requirement for a student to obtain a vaccination by the
9combination tetanus, reduced diphtheria, and acellular pertussis vaccine from
10before the 6th grade to before the 7th grade.
AB12,2,1311 (d) Add the meningococcal vaccine to those vaccines required for students to
12obtain before entering 7th grade or require a booster of meningococcal vaccine before
13entering 12th grade.
AB12,2,1514 (e) Refuse to allow an exception to the varicella vaccination requirement for
15self-report by a parent or adult student of a history of varicella disease.
AB12,2 16Section 2. 252.04 (2) of the statutes is amended to read:
AB12,3,417 252.04 (2) Any student admitted to any elementary, middle, junior, or senior
18high school or into any child care center or nursery school shall, within 30 school days
19after the date on which the student is admitted, present written evidence to the
20school, child care center, or nursery school of having completed the first
21immunization for each vaccine required for the student's grade and being on

1schedule for the remainder of the basic and recall (booster) immunization series for
2mumps, measles, rubella (German measles), diphtheria, pertussis (whooping
3cough), poliomyelitis, tetanus, and other diseases that the department specifies by
4rule, subject to sub. (1m), or shall present a written waiver under sub. (3).
AB12,3,55 (End)
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