| (a) A student is not required to submit evidence of
receiving the vaccination against bacterial meningitis or evidence
of receiving a booster dose if:
(1) the student is 30 years of age or older by the
first day of the start of the semester; or
(2) the student is enrolled only in online or other
distance education courses; or
(3) the student is enrolled in a continuing education
course or program that is less than 360 contact hours, or continuing
education corporate training; or
(4) the student is enrolled in a dual credit course
which is taught at a public or private K-12 facility not located on
a higher education institution campus; or
(5) the student is incarcerated in a Texas prison.
(b) A student, or a parent or guardian of a student,
is not required to submit evidence of receiving the vaccination against
bacterial meningitis if the student, or a parent or guardian of a
student, submits to the institution:
(1) an affidavit or a certificate signed by a physician
who is duly registered and licensed to practice medicine in the United
States, in which it is stated that, in the physician's opinion, the
vaccination required would be injurious to the health and well-being
of the student; or
(2) an affidavit signed by the student stating that
the student declines the vaccination for bacterial meningitis for
reasons of conscience, including a religious belief.
(c) The exception noted in subsection (b)(2) of this
section does not apply during a disaster or public health emergency,
terrorist attack, hostile military or paramilitary action, or extraordinary
law enforcement emergency declared by an appropriate official or authority
from the Texas Department of State Health Services and is in effect
for the location of the institution the student attends.
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| Source Note: The provisions of this §21.614 adopted to be effective November 30, 2009, 34 TexReg 8527; amended to be effective November 29, 2011, 36 TexReg 8024; amended to be effective May 29, 2012, 37 TexReg 3805 |