Wisconsin Legislature: Chapter DHS 144

Chapter DHS 144

IMMUNIZATION OF STUDENTS

DHS 144.01 Introduction.

DHS 144.02 Definitions.

DHS 144.03 Minimum immunization requirements.

DHS 144.04 Waiver for health reasons.

DHS 144.05 Waiver for reason of religious or personal conviction.

DHS 144.06 Responsibilities of parents and adult students.

DHS 144.07 Responsibilities of schools and child care centers.

DHS 144.08 Responsibilities of local health departments.

DHS 144.09 Responsibilities of the department.

Note: Chapter H 44 as it existed on June 30, 1981, was repealed and a new chapter HSS 144 was created, effective July 1, 1981. Chapter HSS 144 was renumbered chapter HFS 144 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 1., 6. and 7., Stats., Register, June, 1997, No. 498. Chapter HFS 144 was renumbered chapter DHS 144 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.

DHS 144.01 Introduction.

(1) Purpose and authority. This rule implements s. 252.04, Stats., which requires the department to carry out a statewide immunization program to eliminate, immunize, and protect against certain diseases specified in statute or by department rule. This chapter addresses immunization requirements for vaccine-preventable diseases, by students admitted into schools or children admitted into child care settings.

(2) Relationship to infant and preschool immunization schedules. The emphasis placed in this chapter on meeting minimum immunization requirements upon entry to Wisconsin schools at any grade level or to a child care center complements efforts by the department to promote early immunization of infants and preschoolers according to accepted immunization schedules.

History: Cr. Register, June, 1981, No. 306, eff. 7-1-81; am. (1), Register, June, 1988, No. 390, eff. 7-1-88; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1995, No. 476; am. (1), Register, June, 1997, No. 498, eff. 7-1-97; am. (1), Register, May, 2001, No. 545, eff. 6-1-01; CR 07-077: am. (1) Register February 2008 No. 626, eff. 3-1-08; CR 19-079: r. and recr. (1), am. (2) Register January 2023 No. 805, eff. 2-1-23.

DHS 144.02 Definitions.

(1) “Advanced practice nurse prescriber” has the meaning given in s. N 8.02 (2).

(2) “Child care center” has the meaning given in s. 49.136 (1) (ad), Stats.

(3) “Department” means the Wisconsin department of health services, unless otherwise specified.

(4) “DT” means pediatric diphtheria and tetanus vaccine.

(5) “DTaP” means pediatric diphtheria, tetanus, and acellular pertussis vaccine.

(6) “DTP” means pediatric diphtheria, tetanus, and pertussis vaccine.

(7) “Hib” means Haemophilus influenzae type b vaccine.

(8) “Hep B” means hepatitis B vaccine.

(9) “Immunization” means the process of inducing immunity artificially by receiving an immunobiologic.

(10) “Local health department” has the meaning given in s. 250.01 (4), Stats.

(11) “Mening” means a meningococcal vaccine containing, at a minimum, serogroups A, C, W, and Y.

(12) “MMR” means measles, mumps, and rubella vaccine received in combination or as separate vaccines.

(13) “Municipality” means any town, village, city, or county.

(14) “Parent” means the parent, parents, guardian, or legal custodian of any minor student.

(15) “PCV” means pneumococcal conjugate vaccine.

(16) “Physician” means an individual possessing the degree of doctor of medicine or doctor of osteopathy or an equivalent degree as determined by the medical examining board under s. 448.05 (2), Stats., and holding a license granted by the medical examining board under s. 448.06, Stats.

(17) “Physician assistant” has the meaning given in s. 448.971 (2), Stats.

(18) “School” means any public or private elementary, middle, junior or senior high school, which provides educational instruction to students in any grade kindergarten through 12, or in an ungraded educational setting, or to preschool children enrolled in early childhood programs.

(18m) “School day,” in reference to schools, has the meaning prescribed in s. 115.01 (10), Stats. “School day,” in reference to child care centers, means any day that the center is open and caring for children.

(19) “Student” means any individual enrolled in or attending a school or child care center.

(20) “Subsided” in reference to a substantial outbreak means passage of 2 incubation periods for the disease causing the outbreak without additional cases, unless a shorter period of time is judged adequate by the department.

(21) “Substantial outbreak” means occurrence of any of the following diseases at the threshold determined by the department using epidemiological factors such as time and place:

(a) Measles.

(b) Mumps.

(d) Polio.

(e) Pertussis.

(f) Diphtheria.

(g) Haemophilus influenzae type b.

(h) Varicella.

(i) Meningococcal disease.

(22) “Td” means adolescent and adult tetanus and diphtheria vaccine.

(23) “Tdap” means adolescent and adult tetanus, diphtheria and acellular pertussis vaccine.

(24) “Vaccine provider” means a health care facility, as defined in s. 155.01 (6), Stats., which administers vaccines, or a local health department, or a physician’s office which administers vaccines.

(25) “Var” means varicella vaccine.

Note: Varicella is commonly known as chickenpox.

(26) “Written evidence of immunization” means a paper or an electronic record, which at a minimum indicates the date that each required dose of vaccine was administered to a student or the results of a laboratory test indicating immunity to the disease. Students who have not previously attended a Wisconsin school must provide the month, day, and year for each required dose of vaccine.

History: Cr. Register, June, 1981, No. 306, eff. 7-1-81; r. and recr. (12) (b), Register, June, 1988, No. 390, eff. 7-1-88; correction in (12) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1995, No. 476; am. (3), cr. (3g), (3m), (3r), (4m) and (13), r. and recr. (4), (6), (7) and (12), renum. (13) to be (14), Register, June, 1997, No. 498, eff. 7-1-97; cr. (13m), Register, May, 2001, No. 545, eff. 6-1-01; CR 07-077: am. (3) and (14), cr. (6m) Register February 2008 No. 626, eff. 3-1-08; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register January 2009 No. 637; CR 19-079: r. and recr. Register January 2023 No. 805, eff. 2-1-23; correction in (17) made under s. 13.92 (4) (b) 7., Stats., correction in and numbering of (18m) made under s. 13.92 (4) (b) 1. and 35.17, Stats., Register January 2023 No. 805.

DHS 144.03 Minimum immunization requirements.

(1) Individuals included. The minimum immunization requirements authorized by s. 252.04, Stats., and required under this chapter, apply to any student admitted to a Wisconsin elementary, middle, junior or senior high school, or to a Wisconsin child care center.

(2) Requirements for the 2021-2022 school year and for school years following the 2021-2022 school year.

(a) Table DHS 144.03-A, as qualified by pars. (b) to (k), lists the number of doses of each required vaccine that each student in the 2021-2022 school year and following school years shall have received since birth for the age or grade of the student. These comprise the minimum immunizations required under s. 252.04 (2), Stats. They do not, however, represent all the recommended immunizations according to currently accepted immunization schedules.