Part II. General Information
12VAC5-110-20. Purpose.
This chapter is designed to ensure that all students attending any public or private elementary, middle, or secondary school, child care center, nursery school, family day care home, or developmental center in the Commonwealth are adequately immunized and protected against vaccine-preventable diseases as specified in this chapter.
Statutory Authority
§§ 22.1-271.2, 32.1-12, and 32.1-46 of the Code of Virginia.
Historical Notes
Derived from VR355-28-300 § 2.1, eff. August 13, 1992; amended, Virginia Register Volume 11, Issue 16, eff. August 1, 1995; Volume 26, Issue 11, eff. March 3, 2010; Volume 42, Issue 19, eff. June 6, 2026.
12VAC5-110-30. Administration.
A. The Board of Health has the responsibility for promulgating regulations pertaining to the implementation of the school immunization law and standards of immunization by which a child attending any school may be judged to be adequately immunized.
B. The State Health Commissioner is the executive officer for the State Board of Health with the authority of the board when it is not in session, subject to the rules and regulations of the board.
C. The local health director is responsible for providing assistance in implementing this chapter to the school divisions in his jurisdiction and for providing immunizations to children determined not to be adequately immunized, who present themselves to the local health department for immunization.
D. The school principals of public schools and the principals, headmasters and directors of nonpublic schools shall require each student attending their institutions to provide documentary proof of immunization against the diseases listed in 12VAC5-110-70.
Statutory Authority
§§ 22.1-271.2, 32.1-12, and 32.1-46 of the Code of Virginia.
Historical Notes
Derived from VR355-28-300 § 2.2, eff. August 13, 1992; amended, Virginia Register Volume 11, Issue 16, eff. August 1, 1995; Volume 26, Issue 11, eff. March 3, 2010.
12VAC5-110-40. Application of chapter.
This chapter has general application throughout the Commonwealth.
Statutory Authority
§§ 22.1-271.1, 22.1-271.2, 32.1-12, and 32.1-46 of the Code of Virginia.
Historical Notes
Derived from VR355-28-300 § 2.3, eff. August 13, 1992; amended, Virginia Register Volume 11, Issue 16, eff. August 1, 1995.
12VAC5-110-50. Application of the Administrative Process Act.
This chapter is exempt from the requirements of Article 2 (§ 2.2-4006 et seq.) of the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia); however, the Virginia Department of Health shall provide (i) a Notice of Intended Regulatory Action and (ii) for a 60-day public comment period prior to the board's adoption of the regulations.
Statutory Authority
§§ 22.1-271.2, 32.1-12, and 32.1-46 of the Code of Virginia.
Historical Notes
Derived from VR355-28-300 § 2.4, eff. August 13, 1992; amended, Virginia Register Volume 11, Issue 16, eff. August 1, 1995; Volume 26, Issue 11, eff. March 3, 2010; Volume 42, Issue 19, eff. June 6, 2026.
12VAC5-110-60. Powers and procedures of chapter not exclusive.
The board reserves the right to authorize a procedure for enforcement of this chapter which is not inconsistent with the provisions set forth herein and the provisions of Chapter 2 (§ 32.1-35 et seq.) of Title 32.1 of the Code of Virginia.
Statutory Authority
§§ 22.1-271.1, 22.1-271.2, 32.1-12, and 32.1-46 of the Code of Virginia.
Historical Notes
Derived from VR355-28-300 § 2.7, eff. August 13, 1992; amended, Virginia Register Volume 11, Issue 16, eff. August 1, 1995.