1.1                          A bill for an act 
  1.2             relating to health; requiring hepatitis B immunization 
  1.3             for children; amending Minnesota Statutes 1996, 
  1.4             section 123.70, subdivisions 1, 2, and 4; Minnesota 
  1.5             Statutes 1997 Supplement, section 123.70, subdivision 
  1.6             10. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 123.70, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  Except as provided in subdivisions 3 and, 
  1.11  4, and 10, no person over two months old may be allowed to 
  1.12  enroll or remain enrolled in any elementary or secondary school 
  1.13  or child care facility in this state until the person has 
  1.14  submitted to the administrator or other person having general 
  1.15  control and supervision of the school or child care facility, 
  1.16  one of the following statements: 
  1.17     (1) a statement from a physician or a public clinic which 
  1.18  provides immunizations stating that the person has received 
  1.19  immunization, consistent with medically acceptable standards and 
  1.20  with the provisions of subdivision 10, against measles after 
  1.21  having attained the age of 12 months, rubella, diphtheria, 
  1.22  tetanus, pertussis, polio, mumps, and haemophilus influenza type 
  1.23  b, and hepatitis B; or 
  1.24     (2) a statement from a physician or a public clinic which 
  1.25  provides immunizations stating that the person has received 
  1.26  immunizations, consistent with medically acceptable standards 
  2.1   and with the provisions of subdivision 10, against measles after 
  2.2   having attained the age of 12 months, rubella, mumps, and 
  2.3   haemophilus influenza type b and that the person has commenced a 
  2.4   schedule of immunizations for diphtheria, tetanus, pertussis, 
  2.5   and polio, and hepatitis B and which indicates the month and 
  2.6   year of each immunization received.  
  2.7      Sec. 2.  Minnesota Statutes 1996, section 123.70, 
  2.8   subdivision 2, is amended to read: 
  2.9      Subd. 2.  No person who has commenced a treatment schedule 
  2.10  of immunization pursuant to subdivision 1, clause (2), may 
  2.11  remain enrolled in any child care facility, elementary, or 
  2.12  secondary school in this state after 18 months of enrollment 
  2.13  unless there is submitted to the administrator, or other person 
  2.14  having general control and supervision of the school or child 
  2.15  care facility, a statement from a physician or a public clinic 
  2.16  which provides immunizations that the person has completed the 
  2.17  primary schedule of immunizations for diphtheria, tetanus, 
  2.18  pertussis, and polio, and hepatitis B and in which the month and 
  2.19  year of each additional immunization received is included.  For 
  2.20  a child less than seven years of age, a primary schedule of 
  2.21  immunizations shall consist of four doses of vaccine for 
  2.22  diphtheria, tetanus, and pertussis and three doses of vaccine 
  2.23  for poliomyelitis and hepatitis B.  For a child seven years of 
  2.24  age or older, a primary schedule of immunizations shall consist 
  2.25  of three doses of vaccine for diphtheria, tetanus, and polio, 
  2.26  and hepatitis B. 
  2.27     Sec. 3.  Minnesota Statutes 1996, section 123.70, 
  2.28  subdivision 4, is amended to read: 
  2.29     Subd. 4.  (a) A person who is enrolling or enrolled in an 
  2.30  elementary or secondary school or child care facility may 
  2.31  substitute a statement from the emancipated person or a parent 
  2.32  or guardian if the person is a minor child in lieu of the 
  2.33  statement from a physician or public clinic which provides 
  2.34  immunizations.  If the statement is from a parent or guardian or 
  2.35  emancipated person, the statement shall indicate the month and 
  2.36  year of each immunization given. 
  3.1      (b) In order for the statement to be acceptable for a 
  3.2   person who is enrolling in an elementary school and who is six 
  3.3   years of age or younger, it must indicate that the following was 
  3.4   given:  no less than one dose of vaccine each for measles, 
  3.5   mumps, and rubella given separately or in combination, and; no 
  3.6   less than four doses of vaccine for poliomyelitis, unless the 
  3.7   third dose was given after the fourth birthday, then three doses 
  3.8   are minimum, and; no less than five doses of vaccine for 
  3.9   diphtheria, tetanus, and pertussis, unless the fourth dose was 
  3.10  given after the fourth birthday, then four doses are minimum; 
  3.11  and no less than three doses of vaccine for hepatitis B.  
  3.12     (c) In order for the statement to be consistent with 
  3.13  subdivision 10 and acceptable for a person who is enrolling in 
  3.14  an elementary or secondary school and is age seven through age 
  3.15  19, the statement must indicate that the person has received no 
  3.16  less than one dose of vaccine each for measles, mumps, and 
  3.17  rubella given separately or in combination and consistent with 
  3.18  subdivision 10, and no less than three doses of vaccine for 
  3.19  poliomyelitis, diphtheria, and tetanus, and hepatitis B.  
  3.20     (d) In order for the statement to be acceptable for a 
  3.21  person who is enrolling in a secondary school, and who was born 
  3.22  after 1956 and is 20 years of age or older, the statement must 
  3.23  indicate that the person has received no less than one dose of 
  3.24  vaccine each for measles, mumps, and rubella given separately or 
  3.25  in combination, and no less than one dose of vaccine for 
  3.26  diphtheria and tetanus within the preceding ten years. 
  3.27     (e) In order for the statement to be acceptable for a 
  3.28  person who is enrolling in a child care facility and who is at 
  3.29  least 15 months old but who has not reached five years of age, 
  3.30  it must indicate that the following were given:  no less than 
  3.31  one dose of vaccine each for measles, mumps, and rubella given 
  3.32  separately or in combination; no less than one dose of vaccine 
  3.33  for haemophilus influenza type b; no less than four doses of 
  3.34  vaccine for diphtheria, tetanus, and pertussis; and no less than 
  3.35  three doses of vaccine for poliomyelitis. 
  3.36     (f) In order for the statement to be acceptable for a 
  4.1   person who is enrolling in a child care facility and who is five 
  4.2   or six years of age, it must indicate that the following was 
  4.3   given:  no less than one dose of vaccine each for measles, 
  4.4   mumps, and rubella given separately or in combination,; no less 
  4.5   than four doses of vaccine for diphtheria, tetanus, and 
  4.6   pertussis,; and no less than three doses of vaccine for 
  4.7   poliomyelitis. 
  4.8      (g) In order for the statement to be acceptable for a 
  4.9   person who is enrolling in a child care facility and who is 
  4.10  seven years of age or older, the statement must indicate that 
  4.11  the person has received no less than one dose of vaccine each 
  4.12  for measles, mumps, and rubella given separately or in 
  4.13  combination and consistent with subdivision 10, and no less than 
  4.14  three doses of vaccine for poliomyelitis, diphtheria, and 
  4.15  tetanus.  
  4.16     (h) The commissioner of health, on finding that any of the 
  4.17  above requirements are not necessary to protect the public's 
  4.18  health, may suspend for one year that requirement.  
  4.19     Sec. 4.  Minnesota Statutes 1997 Supplement, section 
  4.20  123.70, subdivision 10, is amended to read: 
  4.21     Subd. 10.  A statement required to be submitted under 
  4.22  subdivisions 1, 2, and 4 to document evidence of immunization 
  4.23  shall include month, day, and year for immunizations 
  4.24  administered after January 1, 1990.  
  4.25     (a) For persons enrolled in grades 7 and 12 during the 
  4.26  1996-1997 school term, the statement must indicate that the 
  4.27  person has received a dose of tetanus and diphtheria toxoid no 
  4.28  earlier than 11 years of age. 
  4.29     (b) Except as specified in paragraph (e), for persons 
  4.30  enrolled in grades 7, 8, and 12 during the 1997-1998 school 
  4.31  term, the statement must indicate that the person has received a 
  4.32  dose of tetanus and diphtheria toxoid no earlier than 11 years 
  4.33  of age.  
  4.34     (c) Except as specified in paragraph (e), for persons 
  4.35  enrolled in grades 7 through 12 during the 1998-1999 school term 
  4.36  and for each year thereafter, the statement must indicate that 
  5.1   the person has received a dose of tetanus and diphtheria toxoid 
  5.2   no earlier than 11 years of age.  
  5.3      (d) For persons enrolled in grades 7 through 12 during the 
  5.4   1996-1997 school year and for each year thereafter, the 
  5.5   statement must indicate that the person has received at least 
  5.6   two doses of vaccine against measles, mumps, and rubella, given 
  5.7   alone or separately and given not less than one month apart. 
  5.8      (e) A person who has received at least three doses of 
  5.9   tetanus and diphtheria toxoids, with the most recent dose given 
  5.10  after age six and before age 11, is not required to have 
  5.11  additional immunization against diphtheria and tetanus until ten 
  5.12  years have elapsed from the person's most recent dose of tetanus 
  5.13  and diphtheria toxoid. 
  5.14     (f) The requirement for hepatitis B vaccination shall apply 
  5.15  to persons enrolling in kindergarten beginning with the 
  5.16  2000-2001 school term. 
  5.17     (g) The requirement for hepatitis B vaccination shall apply 
  5.18  to persons enrolling in kindergarten through grade 7 beginning 
  5.19  with the 2007-2008 school term.