HF 2625

as introduced - 92nd Legislature (2021 - 2022) Posted on 05/13/2021 03:22pm

A bill for an act
relating to health; authorizing certain minors to consent to certain vaccines;
modifying certain disclosures related to consenting to vaccines; amending
Minnesota Statutes 2020, section 121A.15, subdivision 3a; proposing coding for
new law in Minnesota Statutes, chapter 144.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 121A.15, subdivision 3a, is amended to read:

Subd. 3a.

Disclosures required.

(a) This paragraph applies to any written information
about immunization requirements for enrollment in a school or child care facility that:

(1) is provided to a person to be immunized or enrolling or enrolled in a school or child
care facility, or to the person's parent or guardian if the person is under 18 years of age and
not emancipated; and

(2) is provided by the Department of Health; the Department of Education; the
Department of Human Services; an immunization provider; or a school or child care facility.

Such written information must describe the exemptions from immunizations permitted under
subdivision 3, paragraphs (c) and (d) new text begin , and the authority under section 144.3425 for minors
to consent to immunizations on the annual immunization schedule for children and
adolescents recommended by the Centers for Disease Control and Prevention and to
COVID-19 vaccines authorized for administration to minors new text end . The information on exemptions
from immunizations new text begin and authority for minors to consent to immunizations new text end provided according
to this paragraph must be in a font size at least equal to the font size of the immunization
requirements, in the same font style as the immunization requirements, and on the same
page of the written document as the immunization requirements.

(b) Before immunizing a person, an immunization provider must provide the person, or
the person's parent or guardian if the person is under 18 years of age and not emancipated,
with the following information in writing:

(1) a list of the immunizations required for enrollment in a school or child care facility;

(2) a description of the exemptions from immunizations permitted under subdivision 3,
paragraphs (c) and (d);

(3) a list of additional immunizations currently recommended by the commissioner; and

(4) in accordance with federal law, a copy of the vaccine information sheet from the
federal Department of Health and Human Services that lists possible adverse reactions to
the immunization to be provided.

(c) The commissioner will continue the educational campaign to providers and hospitals
on vaccine safety including, but not limited to, information on the vaccine adverse events
reporting system (VAERS), the federal vaccine information statements (VIS), and medical
precautions and contraindications to immunizations.

(d) The commissioner will encourage providers to provide the vaccine information
statements at multiple visits and in anticipation of subsequent immunizations.

(e) The commissioner will encourage providers to use existing screening for immunization
precautions and contraindication materials and make proper use of the vaccine adverse
events reporting system (VAERS).

(f) In consultation with groups and people identified in subdivision 12, paragraph (a),
clause (1), the commissioner will continue to develop and make available patient education
materials on immunizations including, but not limited to, contraindications and precautions
regarding vaccines.

(g) The commissioner will encourage health care providers to use thimerosal-free vaccines
when available.

Sec. 2.

new text begin [144.3425] VACCINES RECOMMENDED BY CENTERS FOR DISEASE
CONTROL AND PREVENTION; COVID-19 VACCINES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The terms defined in this subdivision apply to this section.
new text end

new text begin (b) "Capable of consenting" means that an individual understands the nature and
consequences of the proposed vaccine, including the risks and benefits of the proposed
vaccine, and is capable of making and communicating an informed decision regarding
administration of the vaccine.
new text end

new text begin (c) "Eligible minor" means:
new text end

new text begin (1) a minor who is age 14 or older; or
new text end

new text begin (2) a minor who is age 12 or 13, upon a determination by the health care provider
proposing to administer the vaccine to the minor that the minor is capable of consenting to
the proposed vaccine.
new text end

new text begin Subd. 2. new text end

new text begin Minor consent to vaccines. new text end

new text begin (a) An eligible minor may give effective consent
to a vaccine on the annual immunization schedule for children and adolescents recommended
by the Centers for Disease Control and Prevention and to COVID-19 vaccines authorized
for administration to minors.
new text end

new text begin (b) The authority in this section shall not limit or restrict the authority to consent under
section 144.341, 144.342, or 144.3441.
new text end

new text begin Subd. 3. new text end

new text begin Vaccine information statement; informed consent. new text end

new text begin Prior to administering a
vaccine to a minor under this section, the health care provider must provide the minor with
the vaccine information statement required under federal law and must obtain the minor's
informed consent.
new text end