(a) This section shall be known and may be cited as the “Jacob Nunley Act”.

(b) New incoming students at any public institution of higher learning in this state who live in on-campus student housing shall be required to produce proof of adequate immunization against meningococcal disease as recommended for adults in the current advisory committee on immunization practices “Recommended Adult Immunization Schedule” published by the centers for disease control and prevention.

(c) A student may be exempted from the requirements of this section only under the following circumstances:

(1) Where a physician licensed by the board of medical examiners, the board of osteopathic examiners or a health department certifies in writing that a particular vaccine is contraindicated for one (1) of the following reasons:

(A) The individual meets the criteria for contraindication set forth in the manufacturer's vaccine package insert;

(B) The individual meets the criteria for contraindication published by the centers for disease control or the advisory committee on immunization practices; or

(C) In the best professional judgment of the physician, based upon the individual's medical condition and history, the risk of harm from the vaccine outweighs the potential benefit;

(2) Where a parent or guardian or, in the case of an adult student, the student provides to the school a written statement, affirmed under penalties of perjury, that vaccination conflicts with the religious tenets and practices of the parent or guardian or, in the case of an adult student, the student.

(d) Nothing in this section shall be construed to require a public institution of higher learning to provide or purchase vaccine against meningococcal disease.

(e) The governing boards of each public institution of higher learning are authorized to promulgate rules and regulations to effectuate the purposes of this section. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

(f) A public institution of higher education shall accept from a student proof of the student's prior or current military service as proof of any immunization required of the student for enrollment at the institution.

(g) The governing board of each public institution of higher learning, in consultation with the department of health, shall promulgate rules regarding immunization requirements for students enrolled within each respective institution. All such rules must be promulgated in accordance with the Uniform Administrative Procedures Act.

(h) Notwithstanding subsection (g), each public institution of higher learning shall strive to collect immunization records for students enrolling in the institution.