Under the student immunization disclosure provisions at 45 CFR 164.512(b)(1)(vi), is a health care provider permitted to disclose proof of a child’s immunization to a school that is not subject to a school entry law with respect to the information?

Answer:

No, 45 CFR 164.512(b)(1)(vi) of the Privacy Rule permits the disclosure of proof of immunization about a student or prospective student only to a school that is required by State or other law to have such information prior to admitting the student.  In the limited case where a school is not subject to a school entry law but seeks proof of immunization of students, a covered health care provider may either provide the proof of immunization to the parent of the student (or student, if applicable) to give to the school, or obtain the parent’s (or student’s, if applicable) written authorization to provide the requested information directly to the school.