論兒童預防接種之法制建構

為了預防傳染病的發生、傳染及蔓延，國家制定預防接種政策，鑑於兒童預防接種的效益較成人高，故編列公務預算採購疫苗，透過戶政機關追蹤及法律課于兒童法定代理人使其兒童接受常規預防接種之義務；並藉由課于國民小學及學前教（托）育機構於新生入學時檢查接種紀錄、未接種者通知衛生主管機關補行接種之義務，以達高接種完成率。本文認為預防接種有其無法避免之潛在風險存在，國家應定期檢討強制預防接種項目必要性並確實執行。如於國民小學及學前教（托）育機構檢查發現未按期接種，應先通知法定代理人使其有機會提出醫療豁免，而非逕行通知衛生機關補種；如施打非常規預防接種項目，則應先取得法定代理人同意。

關鍵字

預防接種；傳染病防治法；學校衛生法；幼兒教育及照顧法

並列摘要

The government made vaccination policies to prevent the occurrence of infectious diseases and its infection and spread. Because the benefit of children vaccination is greater than that of adult, the government establishes budget to procure vaccines, track the vaccination implementation through the household registration offices and oblige children's legal representatives to make children receive regular vaccination on schedule. Elementary schools and pre-school institutions (nurseries) are under the obligation to check their students' vaccination records upon granting admission, and should notify health authorities of those students who are unvaccinated to make up vaccination. All the above-mentioned practice achieves higher vaccination completion rates. This paper argues that the potential risks of vaccination do exist and cannot be avoided. The government should regularly review the necessity of mandatory vaccination program and make sure it's execution. In case of such elementary schools and pre-school institutions (nurseries) find any student not vaccinated on schedule, it is necessary to firstly notify their legal representatives so that they may have opportunities to submit a medical exemption, rather than to directly notify the health authorities to make up the vaccination. To inoculate vaccines non-regular kinds, it is mandatory to obtain the consents of their legal representatives in advance.