Regular Session
              Sixty-fourth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 04-0235.01 Jerry Barry          SENATE BILL 04-057
                   SENATE SPONSORSHIP
 Johnson S.
 
                    HOUSE SPONSORSHIP
 Johnson R.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Health, Environment, Welfare & Institutions
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the provision of information on meningococcal
            disease to students at postsecondary institutions.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Requires each postsecondary institution to provide to each student
       or the student's parent or guardian certain information concerning
       meningococcal disease.  Requires the student, parent, or guardian to
       acknowledge receipt of the information and to indicate whether the
       student has elected to receive a vaccination for meningococcal disease.
            Provides immunity to a postsecondary institution that reasonably
       complies with the requirements of the act.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  Article 5 of title 23, Colorado Revised Statutes, is
       amended BY THE ADDITION OF A NEW SECTION to read:
            23-5-128.  Meningococcal disease - information - immunity. 
       (1)  As used in this section:
            (a)  "Institution" means any public or nonpublic
       postsecondary education institution in the state.
            (b)  "Student" means each student residing in student
       housing, as defined by the institution.
            (2) (a)  On and after July 1, 2005, each institution shall
       provide to each student, or, if a student is under the age of
       eighteen years, to the student's parent or guardian, information
       concerning meningococcal disease, including but not limited to
       the following:
            (I)  Meningococcal disease is a serious disease that:
            (A)  Can lead to death within only a few hours after onset;
            (B)  Is fatal in one in ten cases; and
            (C)  Leaves one in seven survivors with a severe disability
       such as the loss of a limb, mental retardation, paralysis,
       deafness, or seizures;
            (II)  Meningococcal disease is a contagious, but a largely
       preventable, infection of the spinal cord fluid and the fluid that
       surrounds the brain;
            (III)  Scientific evidence suggests that college students
       living in dormitory facilities are at a moderately increased risk
       of contracting meningococcal disease; and
            (IV)  Immunization against meningococcal disease
       decreases the risk of contracting the disease.
            (b)  An institution may provide the information required by
       paragraph (a) of this subsection (2) exactly as written or
       through similar language that meets the intent of the
       notification requirement.
            (3)  On and after July 1, 2005, each institution shall
       require each student, or, if the student is under the age of
       eighteen years, the student's parent or guardian, to execute a
       document provided by the institution stating that the signor has
       reviewed the information provided pursuant to subsection (2) of
       this section and has decided whether the student will obtain a
       vaccination against meningococcal disease.  An institution may
       include the acknowledgment required in this section on another
       signed document used to collect health or housing information
       that must be returned to the institution.
            (4)  Nothing in this section shall be construed to:
            (a)  Require a student who is planning to reside in student
       housing to obtain the vaccination against meningococcal
       disease;
            (b)  Require an institution to provide or pay for the
       vaccination of a student; or
            (c)  Prohibit an institution from establishing additional
       requirements concerning meningococcal vaccination.
            (5)  An institution that has made a reasonable effort to
       comply with this section shall not be liable for damages or
       injuries sustained by a student as a result of contracting
       meningococcal disease.
            SECTION 2.  Effective date.  This act shall take effect at 12:01
       a.m. on the day following the expiration of the ninety-day period after
       final adjournment of the general assembly that is allowed for submitting
       a referendum petition pursuant to article V, section 1 (3) of the state
       constitution (August 4, 2004, if adjournment sine die is on May 5, 2004);
       except that, if a referendum petition is filed against this act or an item,
       section, or part of this act within such period, then the act, item, section,
       or part, if approved by the people, shall take effect on the date of the
       official declaration of the vote thereon by proclamation of the governor.