(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 22 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;
  (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. A conscientious exemption form from the Texas Department of State Health Services must be used for students attending a public university, health-related institution, or private or independent institution of higher education. The form must be submitted to the designated department or unit no later than the 90th day after the date the affidavit is notarized; or
  (3) evidence of submitting a conscientious objection form through a secure, Internet-based process developed and implemented by the Texas Department of State Health Services. The Internet form may be used by entering students attending a public junior college. Public junior colleges may use the Internet-based process as the exclusive method to apply for an exemption from the vaccination requirement for reasons of conscience.
(c) The exception noted in subsection (b)(2) and (3) 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.

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; amended to be effective November 20, 2013, 38 TexReg 8197