5.11.050 Inoculation Required Before Admission to School

(a) No child shall be admitted to any public, private or parochial school, or day care center, child care facility, head start program, or nursery school operating in this jurisdiction unless such child's parent or guardian presents to the institution authorities a certification from a licensed physician or authorized representative of the North Dakota State Department of Health that such child has received immunizations against diphtheria, pertussis, tetanus, measles, rubella (German Measles), mumps and poliomyelitis.

(b) A child may enter an institution upon submitting written proof from a licensed physician or authorized representative of the North Dakota State Department of Health stating that he has started receiving the required immunization, or has a written consent by the child's parent or guardian for a local health service or department to administer the needed immunization without charge, or has complied" with the requirements for certificate of exemptions as provided for in Subsection (c).

(c) Any minor child, through his parent or guardian, may submit to the institution authorities, either a certificate from a licensed physician stating that the physical condition of the child is such that immunization would endanger the life or health of the child, or a certificate signed by his parent or guardian whose beliefs are opposed to such immunization. The minor child shall then be exempt from the provisions of this section.

(d) The enforcement of subsections (a), (b), and (c) shall be the responsibility of the designated institution authority.

(e) The immunizations required and the procedure for their administration, as prescribed by the North Dakota State Department of Health, shall conform to recognized standard medical practices in North Dakota. Indian Public Health Services shall administer the provisions of this section and shall promulgate rules and regulations.

(f) When, in the opinion of an Indian Public Health Officer, danger of an epidemic exists from any of the communicable diseases for which immunization is required under this section, the exemptions from immunization against such disease shall not be recognized and children not immunized shall be excluded from an institution listed in Subsection (a) until, in the opinion of the Health Officer, the danger of the epidemic is over. The designated institution authority shall notify those parents or guardians taking legal exception to the immunization requirements that their children are excluded from school during an epidemic as determined by the Indian Public Health Services.