The following definitions, together with the definitions contained in 20-5-402, MCA, apply throughout this subchapter:

1. (1) "ACIP" means the advisory committee on immunization practices of the U.S. Public Health Service.
2. (2) "Adequate documentation" means documentation which meets the specifications set forth in ARM 37.114.703.
3. (3) "CLIA" means the federal clinical laboratory improvement amendments of 1988.
4. (4) "Commencing attendance for the first time" means the first occasion a pupil attends any Montana school, and does not include transfers from one Montana school to another.
5. (5) "Department" means the Department of Public Health and Human Services.
6. (6) "DT vaccine" means a vaccine containing a combination of diphtheria and tetanus toxoids.
7. (7) "DTP vaccine" and "DTAP vaccine" mean vaccines containing diphtheria and tetanus toxoids and pertussis (whooping cough) vaccine combined.
8. (8) "Healthcare provider" is a person who is licensed, certified, or otherwise authorized by any U.S. state or Canada to provide health care and who meets the additional qualifying criteria specified in 20-5-405, MCA.
9. (9) "Hib vaccine" means a vaccine immunizing against infection by Haemophilus influenzae type B disease.
10. (10) "Immunization information system" means a confidential, computerized, population-based system managed and maintained by the department that collects and consolidates vaccination data from vaccine providers.
11. (11) "MMR vaccine" means a vaccine containing a combination of measles, mumps, and rubella vaccine.
12. (12) "Montana Certificate of Immunization Form (HES 101)" means the form provided by the department to consolidate immunization history. Copies of the form are electronically accessible at https://dphhs.mt.gov/publichealth/immunization/ .
13. (13) "MR vaccine" means a vaccine containing a combination of measles and rubella vaccine.

14. (14) "Official immunization record" means a standard electronic or paper record that is maintained by the department, by another state's principal health agency, or by a healthcare provider to record the immunization status of a child, and includes the following:

    1. (a) child's legal name;
    2. (b) birthdate;
    3. (c) sex; and
    4. (d) vaccination date (month, day, and year) by vaccine type, or, in the case of a postsecondary record, the month and year of vaccine administration.
15. (15) "Physician" is a person licensed to practice medicine in any jurisdiction in the United States or Canada and who holds a degree as a doctor of medicine or of osteopathy.
16. (16) "Polio vaccine" means a trivalent polio vaccine, known by the abbreviation OPV, or enhanced inactivated polio vaccine, known by the abbreviation of IPV.
17. (17) "Preschool" means any facility that is established chiefly for educational purposes, limits its services to children who are at least three years of age, and meets the definition of a preschool in 20-5-402, MCA.

18. (18) "Pupil" means a person who receives school instruction:

    1. (a) in a preschool or kindergarten through grade 12 setting, including a foreign exchange student, regardless of the length of attendance or whether credit is received;
    2. (b) in a home school, but only while participating in a group activity with pupils in a school otherwise subject to the requirements of Title 20, chapter 5, part 4, MCA, such as laboratories, libraries, gymnasiums, and team activities; or
    3. (c) in a postsecondary school who is attending classes on the school's campus and who has either matriculated into a degree program or is registered for more than one-half of the full-time credit load that is normal for that school.
19. (19) "Td vaccine" means a vaccine containing tetanus and diphtheria toxoids.
20. (20) "Tdap vaccine" means a vaccine containing tetanus and diphtheria toxiods, and acellular pertussis.
21. (21) "Transfer" means to change school attendance, at any time, from one public school district to another, between private schools, or between public and private schools, and includes a change which occurs between the end of one school year and commencement of the next.

22. (22) "Vaccine" means:

    1. (a) if administered in the United States, an immunizing agent recommended by the ACIP and approved by the Food and Drug Administration, U.S. Public Health Service; or

    2. (b) if administered outside of the United States, an immunizing agent:

       1. (i) administered by a person licensed to practice medicine in the country where it is administered or by an agent of the principal public health agency of that country; and
       2. (ii) having adequate documentation.
23. (23) "Varicella vaccine" means a vaccine containing a live-attenuated varicella vaccine.

Authorizing statute(s): 20-5-407, MCA

Implementing statute(s): 20-5-402, 52-2-703, MCA

History: NEW, 1980 MAR p. 1265, Eff. 8/2/80; AMD, 1980 MAR p. 1699, Eff. 6/27/80; AMD, 1981 MAR p. 621, Eff. 7/1/81; AMD, 1983 MAR p. 852, Eff. 7/15/83; AMD, 1993 MAR p. 1214, Eff. 6/11/93; TRANS, from DHES, 2002 MAR p. 913; AMD, 2005 MAR p. 1074, Eff. 7/1/05; AMD, 2015 MAR p. 1493, Eff. 10/1/15; AMD, 2021 MAR p. 1328, Eff. 10/9/21.