Bill Text: MN SF2544 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Immunization exemption procedures modification
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2014-03-10 - Referred to Health, Human Services and Housing [SF2544 Detail]
Download: Minnesota-2013-SF2544-Introduced.html
1.2relating to health; modifying exemption procedures related to immunizations;
1.3amending Minnesota Statutes 2012, section 121A.15, subdivision 3.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 121A.15, subdivision 3, is amended to read:
1.6 Subd. 3. Exemptions from immunizations. (a) If a person is at least seven years
1.7old and has not been immunized against pertussis, the person must not be required to
1.8be immunized against pertussis.
1.9(b) If a person is at least 18 years old and has not completed a series of
1.10immunizations against poliomyelitis, the person must not be required to be immunized
1.11against poliomyelitis.
1.12(c) If a statement, signed by a physician, is submitted to the administrator or
1.13other person having general control and supervision of the school or child care facility
1.14stating that an immunization is contraindicated for medical reasons or that laboratory
1.15confirmation of the presence of adequate immunity exists, the immunization specified in
1.16the statement need not be required.
1.17(d)If a notarized statement signed by the minor child's parent or guardian or by the
1.18emancipated person is submitted to the administrator or other person having general
1.19control and supervision of the school or child care facility stating that the person has
1.20not been immunized as prescribed in subdivision 1 because of the conscientiously held
1.21beliefs of the parent or guardian of the minor child or of the emancipated person, the
1.22immunizations specified in the statement shall not be required. This statement must also
1.23be forwarded to the commissioner of the Department of Health. A child shall be exempt,
1.24in whole or in part, from the immunization requirements of subdivision 1, upon the
2.1submission to the administrator or other person having general control and supervision of
2.2the school or child care facility of a certificate of exemption, using a form developed by
2.3the commissioner of health. The certificate must state that the parent or guardian, or the
2.4child if emancipated, is declining one or more required immunizations on the basis of their
2.5personal beliefs. The certificate must contain the following:
2.6(1) specification of the particular vaccine or vaccines for which an exemption is
2.7being requested, and an explanation of the reasons for requesting the exemption;
2.8(2) a statement from a physician that provides immunizations verifying that
2.9the physician has reviewed with the parent or guardian, or the child if emancipated,
2.10information about the risks and benefits of the vaccines that is consistent with information
2.11published by the Centers for Disease Control and Prevention;
2.12(3) an acknowledgement that the child may be prohibited from attending school or
2.13the child care facility during an outbreak of the disease for which the child has not been
2.14immunized; and
2.15(4) the signature of the child's parent or legal guardian, or the child if emancipated.
2.16The certificate of exemption must be forwarded by the school or child care facility to the
2.17commissioner of health.
2.18(e) If the person is under 15 months, the person is not required to be immunized
2.19against measles, rubella, or mumps.
2.20(f) If a person is at least five years old and has not been immunized against
2.21haemophilus influenzae type b, the person is not required to be immunized against
2.22haemophilus influenzae type b.
2.23(g) If a person who is not a Minnesota resident enrolls in a Minnesota school online
2.24learning course or program that delivers instruction to the person only by computer and
2.25does not provide any teacher or instructor contact time or require classroom attendance, the
2.26person is not subject to the immunization, statement, and other requirements of this section.
2.27(h) A person who has submitted a certificate of exemption under paragraph (d) prior
2.28to entering grade 7 must renew the certificate, in the form and manner specified by the
2.29commissioner of health, or meet the requirements of subdivision 1, in order to enroll
2.30in grade 7.
1.3amending Minnesota Statutes 2012, section 121A.15, subdivision 3.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 121A.15, subdivision 3, is amended to read:
1.6 Subd. 3. Exemptions from immunizations. (a) If a person is at least seven years
1.7old and has not been immunized against pertussis, the person must not be required to
1.8be immunized against pertussis.
1.9(b) If a person is at least 18 years old and has not completed a series of
1.10immunizations against poliomyelitis, the person must not be required to be immunized
1.11against poliomyelitis.
1.12(c) If a statement, signed by a physician, is submitted to the administrator or
1.13other person having general control and supervision of the school or child care facility
1.14stating that an immunization is contraindicated for medical reasons or that laboratory
1.15confirmation of the presence of adequate immunity exists, the immunization specified in
1.16the statement need not be required.
1.17(d)
1.18
1.19
1.20
1.21
1.22
1.23
1.24in whole or in part, from the immunization requirements of subdivision 1, upon the
2.1submission to the administrator or other person having general control and supervision of
2.2the school or child care facility of a certificate of exemption, using a form developed by
2.3the commissioner of health. The certificate must state that the parent or guardian, or the
2.4child if emancipated, is declining one or more required immunizations on the basis of their
2.5personal beliefs. The certificate must contain the following:
2.6(1) specification of the particular vaccine or vaccines for which an exemption is
2.7being requested, and an explanation of the reasons for requesting the exemption;
2.8(2) a statement from a physician that provides immunizations verifying that
2.9the physician has reviewed with the parent or guardian, or the child if emancipated,
2.10information about the risks and benefits of the vaccines that is consistent with information
2.11published by the Centers for Disease Control and Prevention;
2.12(3) an acknowledgement that the child may be prohibited from attending school or
2.13the child care facility during an outbreak of the disease for which the child has not been
2.14immunized; and
2.15(4) the signature of the child's parent or legal guardian, or the child if emancipated.
2.16The certificate of exemption must be forwarded by the school or child care facility to the
2.17commissioner of health.
2.18(e) If the person is under 15 months, the person is not required to be immunized
2.19against measles, rubella, or mumps.
2.20(f) If a person is at least five years old and has not been immunized against
2.21haemophilus influenzae type b, the person is not required to be immunized against
2.22haemophilus influenzae type b.
2.23(g) If a person who is not a Minnesota resident enrolls in a Minnesota school online
2.24learning course or program that delivers instruction to the person only by computer and
2.25does not provide any teacher or instructor contact time or require classroom attendance, the
2.26person is not subject to the immunization, statement, and other requirements of this section.
2.27(h) A person who has submitted a certificate of exemption under paragraph (d) prior
2.28to entering grade 7 must renew the certificate, in the form and manner specified by the
2.29commissioner of health, or meet the requirements of subdivision 1, in order to enroll
2.30in grade 7.
