129 IMMUNIZATION: REPORTS AND GENERAL PROVISIONS

129.1 Each health care provider and health organization shall report the administration of each dose of any immunization to the Department within twenty-four (24) hours after the administration of the immunization.

129.2 For purposes of this section, the term “health organization” means any entity in the District of Columbia that provides vaccinations, including organizations with a COVID-19 Vaccination Provider Agreement with the Centers for Disease Control and Prevention (CDC) and receiving publicly funded COVID-19 vaccine.

129.3 To comply with reporting requirement in § 129.1, a health care provider or health organization shall use the system designated by the Department for reporting the administration of a vaccine to the Department, such as the District of Columbia Immunization Information System (DOCIIS).

129.4 Each report shall include the following information:

(a) Demographic information for each person vaccinated, including:

(1) The person’s full name, including any suffix, nickname, or alternate surname that may apply;

(2) The person’s date of birth and, for newborns, the name of the hospital that delivered the newborn;

(3) The person’s social security number, if applicable;

(4) The person’s Medicaid number, if applicable;

(5) The name of the person’s parent or guardian, if the person is younger than eighteen (18) years of age;

(6) The person’s address;

(7) The person’s phone number;

(8) The person’s race or ethnicity;

(9) The person’s insurance status and the name of the insurer, if applicable; and

(10) The person’s gender;

(b) New and historical immunization data, including:

(1) The type of each vaccine administered;

(2) The date the vaccine was administered;

(3) The manufacturer and lot number of the vaccine;

(4) Verification that the vaccine information statement was given to the recipient of the vaccine and the publication date of the vaccine information statement for the vaccine given; and

(5) The funding source of the vaccine;

(c) Provider information, including:

(1) The provider's ID;

(2) The provider's name;

(3) The provider's address;

(4) The provider's phone number; and

(5) The name of the person who administered the vaccine; and

(d) Medical and clinical information, including:

(1) Any adverse reaction to active immunization;

(2) Information about medical contraindications, including:

(A) Whether contraindication is temporary or permanent; and

(B) The antigen for which there was a contraindication;

(3) Information about exemption from vaccination, including:

(A) Reason for the exemption;

(B) The antigen for which the exemption applies;

(C) The date the exemption expires, if applicable;

1. (4) Copy of laboratory results as evidence of immunity; and
2. (5) Varicella disease status including certification of infection with varicella that includes either:
3. (A) A copy of laboratory results indicating varicella disease or immunity to varicella; or
4. (B) A health care provider's diagnosis or verified history of varicella or herpes zoster disease that includes the month and year of the disease. 129.5 Each of the following entities shall report the immunization history of an individual to the Department in the manner and form the Department prescribes:
5. (a) Each public, private, parochial, or charter school shall submit certification of immunization for each noncompliant student as determined by the Department within ten (10) business days after notification from the Department; and
6. (b) Each child development facility shall submit certification of immunization for each noncompliant child as determined by the Department within ten (10) business days after notification from the Department. 129.6 A post-secondary institution is not required to report active immunization, but the Department encourages post-secondary institutions to report immunizations for students currently enrolled in the institution. 129.7 Information disclosed to the Department pursuant to §§ 129.1, 129.4, 129.5 and 129.6 shall be kept confidential and shall not be used or disclosed to a third party, except as provided in this subsection:
7. (a) The Department may use patient-specific immunization information to produce aggregate immunization coverage reports;
8. (b) The Department may use immunization information to produce official immunization records for individuals;
9. (c) The Department may use or disclose individually identifiable immunization information without the consent of the person to whom the information pertains to notify the following individuals or entities of due dates for immunizations or missed or overdue immunizations according to the schedule recommended by the Advisory Committee on Immunization Practices (ACIP) to the following:

(1) The person;

(2) The person's parent or guardian;

(3) The person's health care provider or insurer;

(4) A child development facility in which the person is enrolled;

(5) A school in which the person is enrolled; and

(d) Except as provided in paragraphs (a) through (c) of this subsection, the Department may disclose a person's individually identifiable information to a third party only with the written consent of the person, or the person's parent or guardian if the person is under eighteen (18) years of age or an unemancipated adult.

129.8 Notwithstanding the requirements of §§ 130 through 154 specifying minimum and maximum intervals between administration of vaccinations, a vaccine administered four (4) days or less than the minimum interval or age shall be a valid dose. This subsection shall not apply to the minimum intervals between live antigen vaccinations, including:

(a) Measles, mumps, rubella (MMR); and

(b) Varicella.

129.9 A vaccine administered five (5) or more days before the minimum interval or age shall not be counted as a valid dose and shall be repeated as age and interval-appropriate. Subsequent doses shall be repeated or spaced, as age and interval appropriate, in accordance with §§ 130 through 154, and the recommendations of ACIP, if applicable.

129.10 A combination vaccine may be administered as an alternate for any dose of the vaccine series for which it is licensed.

129.11 A person claiming religious exemption from immunization for a child shall file the religious exemption form at the beginning of each school year for each child for which the exemption is claimed. A person electing to opt-out of immunization with the HPV vaccination for a child shall file the HPV vaccination opt-out form at the beginning of each school year for each child for which there is an opt-out to be filed.

129.12 When a health care provider administers a vaccine in the course of his or her employment by a health organization, the health organization and the health care

provider are jointly responsible for compliance with this section.

129.13 Any health care provider or health organization that fails to comply with the provisions of this section shall be subject to criminal, civil, and administrative penalties authorized by law, including:

(a) Sanctions or penalties for violating D.C. Official Code § 7-2307, including civil fines and summary suspension or revocation of licenses, registrations, and certificates;

(b) Disciplinary action by the appropriate licensing body; and

(c) Suspension or termination of participation of the health care provider or health organization in the District of Columbia COVID-19 Vaccination Program.

SOURCE: Final Rulemaking published at 55 DCR 5253 (May 2, 2008); as amended by Final Rulemaking published at 61 DCR 12782 (December 19, 2014); as amended by Final Rulemaking published at 68 DCR 012467 (November 26, 2021).