(1) A student is exempt from the requirement to receive a vaccine required under Section 53G-9-305 if the student qualifies for a medical or personal exemption from the vaccination under Subsection (2) or (3).
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Terms Used In Utah Code 53G-9-303

  • Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 53G-9-301
  • Legally responsible individual: means :
         (6)(a) a student's parent;
         (6)(b) the student's legal guardian;
         (6)(c) an adult brother or sister of a student who has no legal guardian; or
         (6)(d) the student, if the student:
              (6)(d)(i) is an adult; or
              (6)(d)(ii) is a minor who may consent to treatment under Section 26B-4-321. See Utah Code 53G-9-301
  • Licensed health care provider: means a health care provider who is licensed under Title 58, Occupations and Professions, as:
         (7)(a) a medical doctor;
         (7)(b) an osteopathic doctor;
         (7)(c) a physician assistant; or
         (7)(d) an advanced practice registered nurse. See Utah Code 53G-9-301
  • School: means any public or private:
              (10)(a)(i) elementary or secondary school through grade 12;
              (10)(a)(ii) preschool;
              (10)(a)(iii) child care program, as that term is defined in Section 26B-2-401;
              (10)(a)(iv) nursery school; or
              (10)(a)(v) kindergarten. See Utah Code 53G-9-301
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Student: means an individual who attends a school. See Utah Code 53G-9-301
  • vaccination: means the administration of a vaccine. See Utah Code 53G-9-301
  • Vaccination exemption form: means a form, described in Section 53G-9-304, that documents and verifies that a student is exempt from the requirement to receive one or more required vaccines. See Utah Code 53G-9-301
  • Vaccine: means the substance licensed for use by the United States Food and Drug Administration that is injected into or otherwise administered to an individual to immunize the individual against a communicable disease. See Utah Code 53G-9-301
(2) A student qualifies for a medical exemption from a vaccination required under Section 53G-9-305 if the student’s legally responsible individual provides to the student’s school:

     (2)(a) a completed vaccination exemption form; and
     (2)(b) a written notice signed by a licensed health care provider stating that, due to the physical condition of the student, administration of the vaccine would endanger the student’s life or health.
(3) A student qualifies for a personal exemption from a vaccination required under Section 53G-9-305 if the student’s legally responsible individual provides to the student’s school a completed vaccination exemption form, stating that the student is exempt from the vaccination because of a personal or religious belief.
(4)

     (4)(a) A vaccination exemption form submitted under this section is valid for as long as the student remains at the school to which the form first is presented.
     (4)(b) If the student changes schools before the student is old enough to enroll in kindergarten, the vaccination exemption form accepted as valid at the student’s previous school is valid until the earlier of the day on which:

          (4)(b)(i) the student enrolls in kindergarten; or
          (4)(b)(ii) the student turns six years old.
     (4)(c) If the student changes schools after the student is old enough to enroll in kindergarten but before the student is eligible to enroll in grade 7, the vaccination exemption form accepted as valid at the student’s previous school is valid until the earlier of the day on which:

          (4)(c)(i) the student enrolls in grade 7; or
          (4)(c)(ii) the student turns 12 years old.
     (4)(d) If the student changes schools after the student is old enough to enroll in grade 7, the vaccination exemption form accepted as valid at the student’s previous school is valid until the student completes grade 12.
     (4)(e) Notwithstanding Subsections (4)(b) and (c), a vaccination exemption form obtained through completion of the online education module created in Section 26B-7-118 is valid for at least two years.
(5) An LEA that offers both remote and in-person learning options may not deny a student who is exempt from a requirement to receive a vaccine under Subsection (1) to participate in an in-person learning option based upon the student’s vaccination status.
(6) Nothing in this section restricts a state or local health department from acting under applicable law to contain the spread of an infectious disease.

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