School Immunization Records – Sharing Only By Consent

Nebraska schools are not permitted to share immunization records without specific written parent/guardian consent and authorization to do so. The only exceptions are: FERPA (the federal Family Educational Rights and Privacy Act) allows educational records to be shared between an educational institution where a student has been in attendance, and another educational institution where a student is enrolling, without specific parent/ guardian consent. And once the student reaches the age of majority, 19 years, the student becomes the consenting party for release. At that time the release of records still requires consent, but the consenting party changes from parent to the student who has reached the age of majority.

Immunization laws in Nebraska allow immunization providers to share immunization records on their patients without specific written consent to do so. The only providers or entities permitted to share without specific consent are: physicians, advanced practice registered nurses, physician assistants, pharmacists, licensed health care facilities, public immunization clinics, local public health departments, and DHHS (per NRS 71-541). Parents/guardians may prevent such disclosure by signing a nondisclosure form at the provider location.

In practical terms for school health personnel and others, this means that schools may not share immunization records with doctor’s offices, clinics, or other providers, or with summer camps or employers of the students, or any other parties other than schools in which the student is in the process of enrolling, without first obtaining written consent from parent/guardian to do so.

The immunization laws in Nebraska are found in Neb.
Rev. Statutes Sections 71-539 through 71-544.
Unauthorized disclosure by child care program, school, or institution of higher education is a Class III misdemeanor in Nebraska.

Find the sections in NRS 71 by going to: http://uniweb.legislature.ne.gov/legaldocs/view.php?page=index_statutes.