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37.114.701    DEFINITIONS

The following definitions, together with the definitions contained in 20-5-402 , MCA, apply throughout this subchapter:

(1) "ACIP" means the advisory committee on immunization practices of the U.S. Public Health Service.

(2) "Adequate documentation" means documentation which meets the specifications set forth in ARM 37.114.703.

(3) "CLIA" means the federal clinical laboratory improvement amendments of 1988.

(4) "Commencing attendance for the first time" means the first occasion a pupil attends any Montana school, and does not include transfers from one Montana school to another.

(5) "Department" means the Department of Public Health and Human Services.

(6) "DT vaccine" means a vaccine containing a combination of diphtheria and tetanus toxoids for pediatric use.

(7) "DTP vaccine" and "DTAP vaccine" mean vaccines containing diphtheria and tetanus toxoids and pertussis (whooping cough) vaccine combined that are recommended for children under seven years of age.

(8) "Hib vaccine" means a vaccine immunizing against infection by Haemophilus influenza type B disease.

(9) "MMR vaccine" means a vaccine containing a combination of measles, mumps, and rubella vaccine.

(10) "Montana Certificate of Immunization Form (HES 101)" means the form prescribed by the department as required by 20-5-406 , MCA. Copies of the form may be requested from the Department of Public Health and Human Services, Public Health and Safety Division, Communicable Disease Control and Prevention Bureau, Immunization Section, 1400 Broadway, P.O. Box 202951, Helena, MT 59620-2951, telephone: (406)444-4735 or (406)444-5580.

(11) "MR vaccine" means a vaccine containing a combination of measles and rubella vaccine.

(12) "Official parent maintained immunization record" means a standard document that is distributed by the department or by another state's principal health agency to record the immunization status of a child, is designed to be retained and maintained by the parents of that child, and includes the following:

(a) the child's legal name, birthdate, sex and vaccination date (month, day and year) by vaccine type, except that in a postsecondary school, if only the month and year of administration are listed, the administration date will be considered to be the first day of that month; and

(b) for each administration of vaccine, the vaccination data must be completed and signed or stamped by the physician or officer of a health department who administered the vaccine or designee of the physician or officer.

(13) "Physician" is a person licensed to practice medicine in any jurisdiction in the United States or Canada and who holds a degree as a doctor of medicine or of osteopathy.

(14) "Polio vaccine" means a trivalent polio vaccine, known by the abbreviation OPV, or enhanced inactivated polio vaccine, known by the abbreviation of IPV.

(15) "Preschool" means any facility that is established chiefly for educational purposes, limits its services to children who are at least three years of age, and meets the definition of a preschool in 20-5-402 , MCA.

(16) "Pupil" means a person who receives school instruction:

(a) in a preschool or kindergarten through grade 12 setting, including a foreign exchange student, regardless of the length of attendance or whether credit is received;

(b) in a home school, but only while participating in a group activity with pupils in a school otherwise subject to the requirements of Title 20, chapter 5, part 4, MCA, such as laboratories, libraries, gymnasiums, and team activities; or

(c) in a postsecondary school who is attending classes on the school's campus and who has either matriculated into a degree program or is registered for more than one-half of the full-time credit load that is normal for that school.

(17) "School enterer" means a pupil who is commencing attendance for the first time.

(18) "Td vaccine" means a vaccine containing tetanus and diphtheria toxoids and intended for administration to adults and to children seven years of age and older.

(19) "Transfer" means to change school attendance, at any time, from one public school district to another, between private schools, or between public and private schools, and includes a change which occurs between the end of one school year and commencement of the next.

(20) "Vaccine" means:

(a) if administered in the United States, an immunizing agent recommended by the ACIP and approved by the Food and Drug Administration, U.S. Public Health Service; or

(b) if administered outside of the United States, an immunizing agent:

(i) administered by a person licensed to practice medicine in the country where it is administered or by an agent of the principal public health agency of that country; and

(ii) having adequate documentation.

History: 20-5-407, MCA; IMP, 20-5-402, 52-2-703, MCA; NEW, 1980 MAR p. 1265, Eff. 8/2/80; AMD, 1980 MAR p. 1699, Eff. 6/27/80; AMD, 1981 MAR p. 621, Eff. 7/1/81; AMD, 1983 MAR p. 852, Eff. 7/15/83; AMD, 1993 MAR p. 1214, Eff. 6/11/93; TRANS, from DHES, 2002 MAR p. 913; AMD, 2005 MAR p. 1074, Eff. 7/1/05.

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