1.1                          A bill for an act
  1.2             relating to health; requiring the commissioner of 
  1.3             health to annually establish an immunization schedule 
  1.4             for persons enrolled in an elementary or secondary 
  1.5             school, child care facility, or public or private 
  1.6             post-secondary educational institutions; establishing 
  1.7             a task force; amending Minnesota Statutes 2000, 
  1.8             sections 121A.15, subdivisions 1, 2, 3, 4, 7, 8, 9, 
  1.9             and by adding subdivisions; and 135A.14, subdivisions 
  1.10            1, 2, and 3; repealing Minnesota Statutes 2000, 
  1.11            section 121A.15, subdivisions 6 and 10. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2000, section 121A.15, 
  1.14  subdivision 1, is amended to read: 
  1.15     Subdivision 1.  Except as provided in subdivisions 
  1.16  subdivision 3, 4, and 10, no person over two months old may be 
  1.17  allowed to enroll or remain enrolled in any elementary or 
  1.18  secondary school or child care facility in this state until the 
  1.19  person has submitted to the administrator or other person having 
  1.20  general control and supervision of the school or child care 
  1.21  facility, one of the following statements: 
  1.22     (1) a statement from a physician health care provider with 
  1.23  prescribing authority, a board of health as defined in section 
  1.24  145A.02, subdivision 2, or a public clinic which provides 
  1.25  immunizations stating that the person has received immunization, 
  1.26  consistent with medically acceptable standards, against measles 
  1.27  after having attained the age of 12 months, rubella, diphtheria, 
  1.28  tetanus, pertussis, polio, mumps, haemophilus influenza type b, 
  2.1   and hepatitis B; or 
  2.2      (2) a statement from a physician or a public clinic which 
  2.3   provides immunizations stating that the person has received 
  2.4   immunizations, consistent with medically acceptable standards, 
  2.5   against measles after having attained the age of 12 months, 
  2.6   rubella, mumps, and haemophilus influenza type b and that the 
  2.7   person has commenced a schedule of immunizations for diphtheria, 
  2.8   tetanus, pertussis, polio, and hepatitis B and which indicates 
  2.9   the month and year of each immunization received is 
  2.10  age-appropriately immunized or is in the process of being 
  2.11  age-appropriately immunized against diseases in compliance with 
  2.12  the immunization schedule established by the commissioner of 
  2.13  health according to subdivision 1a.  
  2.14     Sec. 2.  Minnesota Statutes 2000, section 121A.15, is 
  2.15  amended by adding a subdivision to read: 
  2.16     Subd. 1a.  [IMMUNIZATIONS REQUIRED; ANNUAL 
  2.17  DETERMINATION.] (a) Using the procedures established under 
  2.18  subdivision 1c, the commissioner of health shall annually 
  2.19  determine the immunizations required and the manner and 
  2.20  frequency of their administration to the persons specified in 
  2.21  subdivision 1 and to the persons specified in section 135A.14, 
  2.22  subdivision 2.  The commissioner of health shall not include an 
  2.23  immunization on the immunization schedule unless the 
  2.24  immunization is part of the current immunization recommendations 
  2.25  of each of the following organizations:  the United States 
  2.26  Public Health Service's Advisory Committee on Immunization 
  2.27  Practices, the American Academy of Family Physicians, and the 
  2.28  American Academy of Pediatrics.  In annually determining the 
  2.29  immunization schedule, the commissioner of health shall: 
  2.30     (1) consult with the immunization practices task force 
  2.31  created according to subdivision 12; the commissioner of 
  2.32  children, families, and learning; the commissioner of human 
  2.33  services; the chancellor of the Minnesota state colleges and 
  2.34  universities; and the president of the University of Minnesota; 
  2.35  and 
  2.36     (2) consider the following criteria:  the epidemiology of 
  3.1   the disease, the morbidity and mortality rates for the disease, 
  3.2   the safety and efficacy of the vaccine, the cost of a 
  3.3   vaccination program, the cost of enforcing vaccination 
  3.4   requirements, and a cost-benefit analysis of vaccination. 
  3.5      (b) In addition to the publication requirements of 
  3.6   subdivision 1c, the commissioner of health shall inform all 
  3.7   immunization providers of any changes in the immunization 
  3.8   schedule in a timely manner. 
  3.9      (c) After such reasonable efforts as the circumstances 
  3.10  allow to facilitate the consultation requirements in paragraph 
  3.11  (a), clause (1), the commissioner of health may modify the 
  3.12  immunization schedule at any time during the year when necessary 
  3.13  to address a vaccine shortage or an emergency situation.  In 
  3.14  modifying the immunization schedule under this paragraph, the 
  3.15  commissioner of health is exempt from the rules procedure in 
  3.16  subdivision 1c. 
  3.17     Sec. 3.  Minnesota Statutes 2000, section 121A.15, is 
  3.18  amended by adding a subdivision to read: 
  3.19     Subd. 1b.  [RULEMAKING EXEMPTION.] The commissioner of 
  3.20  health is exempt from chapter 14, including section 14.386, in 
  3.21  implementing this section. 
  3.22     Sec. 4.  Minnesota Statutes 2000, section 121A.15, is 
  3.23  amended by adding a subdivision to read: 
  3.24     Subd 1c.  [RULES PROCEDURE.] (a) The commissioner of health 
  3.25  shall publish proposed immunization rules in the State Register. 
  3.26     (b) Interested parties shall have 30 days to comment in 
  3.27  writing on the proposed rules.  After the commissioner of health 
  3.28  has considered all timely comments, the commissioner of health 
  3.29  shall publish notice in the State Register that the rules have 
  3.30  been adopted.  The rules shall take effect on the 31st day after 
  3.31  publication. 
  3.32     (c) If the adopted rules are the same as the proposed 
  3.33  rules, the notice shall state that the rules have been adopted 
  3.34  as proposed and shall cite the prior publication.  If the 
  3.35  adopted rules differ from the proposed rules, the portions of 
  3.36  the adopted rules that differ from the proposed rules shall be 
  4.1   included in the notice of adoption together with a citation to 
  4.2   the prior State Register that contained the notice of the 
  4.3   proposed rules. 
  4.4      Sec. 5.  Minnesota Statutes 2000, section 121A.15, is 
  4.5   amended by adding a subdivision to read: 
  4.6      Subd. 1d.  [TRANSITION PROVISION.] (a) During calendar year 
  4.7   2002, until the schedule under subdivision 1a becomes effective, 
  4.8   the statement requirement under subdivision 1 is satisfied by 
  4.9   one of the following: 
  4.10     (1) a statement from a health care provider with 
  4.11  prescribing authority, a board of health, or a public clinic 
  4.12  that provides immunizations stating that the person has received 
  4.13  immunizations, consistent with medically acceptable standards, 
  4.14  against measles after having attained the age of 12 months, 
  4.15  rubella, diphtheria, tetanus, pertussis, polio, mumps, 
  4.16  haemophilus influenza type b, and hepatitis B; or 
  4.17     (2) a statement from a health care provider with 
  4.18  prescribing authority, a board of health, or a public clinic 
  4.19  that provides immunizations stating that the person has received 
  4.20  immunizations, consistent with medically acceptable standards, 
  4.21  against measles after having attained the age of 12 months, 
  4.22  rubella, mumps, and haemophilus influenza type b and that the 
  4.23  person is in the process of being age-appropriately immunized 
  4.24  for diphtheria, tetanus, pertussis, polio, and hepatitis B.  
  4.25     (b) The statement must indicate the month, day, and year of 
  4.26  each immunization received. 
  4.27     Sec. 6.  Minnesota Statutes 2000, section 121A.15, 
  4.28  subdivision 2, is amended to read: 
  4.29     Subd. 2.  [SCHEDULE OF IMMUNIZATIONS.] No person who has 
  4.30  commenced a treatment schedule of immunization immunizations 
  4.31  pursuant to subdivision 1, clause (2), may remain enrolled in 
  4.32  any child care facility, in this state after 18 months, nor in 
  4.33  any elementary, or secondary school in this state after 18 eight 
  4.34  months of enrollment after the first day of attendance unless 
  4.35  there is submitted to the administrator, or other person having 
  4.36  general control and supervision of the school or child care 
  5.1   facility, a statement from a physician health care provider with 
  5.2   prescribing authority, a board of health, or a public clinic 
  5.3   which provides immunizations that the person has completed 
  5.4   the primary schedule of immunizations for diphtheria, tetanus, 
  5.5   pertussis, polio, and hepatitis B established by the 
  5.6   commissioner of health under subdivision 1a.  The statement must 
  5.7   include the month and year, and for immunizations administered 
  5.8   after January 1, 1990, the day of each additional immunization 
  5.9   received.  For a child less than seven years of age, a primary 
  5.10  schedule of immunizations shall consist of four doses of vaccine 
  5.11  for diphtheria, tetanus, and pertussis and three doses of 
  5.12  vaccine for poliomyelitis and hepatitis B.  For a child seven 
  5.13  years of age or older, a primary schedule of immunizations shall 
  5.14  consist of three doses of vaccine for diphtheria, tetanus, 
  5.15  polio, and hepatitis B. 
  5.16     Sec. 7.  Minnesota Statutes 2000, section 121A.15, 
  5.17  subdivision 3, is amended to read: 
  5.18     Subd. 3.  [EXEMPTIONS FROM IMMUNIZATIONS.] (a) If a person 
  5.19  is at least seven years old and has not been immunized against 
  5.20  pertussis, the person must not be required to be immunized 
  5.21  against pertussis. 
  5.22     (b) If a person is at least 18 years old and has not 
  5.23  completed a series of immunizations against poliomyelitis, the 
  5.24  person must not be required to be immunized against 
  5.25  poliomyelitis.  
  5.26     (c) If a statement, signed by a physician health care 
  5.27  provider with prescribing authority, is submitted to the 
  5.28  administrator or other person having general control and 
  5.29  supervision of the school or child care facility stating that an 
  5.30  immunization is contraindicated for medical reasons or that 
  5.31  laboratory confirmation of the presence of adequate immunity 
  5.32  exists, the immunization specified in the statement need not be 
  5.33  required.  
  5.34     (d) (b) If a notarized statement signed by the minor 
  5.35  child's parent or guardian, or by the emancipated person a minor 
  5.36  who meets the requirements of section 144.341 or 144.342, is 
  6.1   submitted to the administrator or other person having general 
  6.2   control and supervision of the school or child care facility 
  6.3   stating that the person has not been immunized as prescribed in 
  6.4   subdivision 1 because of the conscientiously held beliefs of the 
  6.5   parent or guardian of the minor child or of the emancipated 
  6.6   person, the immunizations specified in the statement shall not 
  6.7   be required.  This statement must also be forwarded to the 
  6.8   commissioner of the department of health.  
  6.9      (e) If the person is under 15 months, the person is not 
  6.10  required to be immunized against measles, rubella, or mumps. 
  6.11     (f) If a person is at least five years old and has not been 
  6.12  immunized against haemophilus influenza type b, the person is 
  6.13  not required to be immunized against haemophilus influenza type 
  6.14  b. 
  6.15     Sec. 8.  Minnesota Statutes 2000, section 121A.15, 
  6.16  subdivision 4, is amended to read: 
  6.17     Subd. 4.  [SUBSTITUTE IMMUNIZATION STATEMENT.] (a) A person 
  6.18  who is enrolling or enrolled in an elementary or secondary 
  6.19  school or child care facility may substitute a statement from 
  6.20  the emancipated person minor who meets the requirements of 
  6.21  section 144.341 or 144.342 or a the minor child's parent or 
  6.22  guardian if the person is a minor child in lieu of the statement 
  6.23  from a physician health care provider with prescribing 
  6.24  authority, board of health, or public clinic which provides 
  6.25  immunizations.  If the statement is from a parent or guardian or 
  6.26  emancipated person, the statement must indicate the month and 
  6.27  year and, for immunizations administered after January 1, 1990, 
  6.28  the day of each immunization given. 
  6.29     (b) In order for the statement to be acceptable for a 
  6.30  person who is enrolling in an elementary school and who is six 
  6.31  years of age or younger, it must indicate that the following was 
  6.32  given:  no less than one dose of vaccine each for measles, 
  6.33  mumps, and rubella given separately or in combination; no less 
  6.34  than four doses of vaccine for poliomyelitis, unless the third 
  6.35  dose was given after the fourth birthday, then three doses are 
  6.36  minimum; no less than five doses of vaccine for diphtheria, 
  7.1   tetanus, and pertussis, unless the fourth dose was given after 
  7.2   the fourth birthday, then four doses are minimum; and no less 
  7.3   than three doses of vaccine for hepatitis B.  
  7.4      (c) In order for the statement to be consistent with 
  7.5   subdivision 10 and acceptable for a person who is enrolling in 
  7.6   an elementary or secondary school and is age seven through age 
  7.7   19, the statement must indicate that the person has received no 
  7.8   less than one dose of vaccine each for measles, mumps, and 
  7.9   rubella given separately or in combination, and no less than 
  7.10  three doses of vaccine for poliomyelitis, diphtheria, tetanus, 
  7.11  and hepatitis B.  
  7.12     (d) In order for the statement to be acceptable for a 
  7.13  person who is enrolling in a secondary school, and who was born 
  7.14  after 1956 and is 20 years of age or older, the statement must 
  7.15  indicate that the person has received no less than one dose of 
  7.16  vaccine each for measles, mumps, and rubella given separately or 
  7.17  in combination, and no less than one dose of vaccine for 
  7.18  diphtheria and tetanus within the preceding ten years. 
  7.19     (e) In order for the statement to be acceptable for a 
  7.20  person who is enrolling in a child care facility and who is at 
  7.21  least 15 months old but who has not reached five years of age, 
  7.22  it must indicate that the following were given:  no less than 
  7.23  one dose of vaccine each for measles, mumps, and rubella given 
  7.24  separately or in combination; no less than one dose of vaccine 
  7.25  for haemophilus influenza type b; no less than four doses of 
  7.26  vaccine for diphtheria, tetanus, and pertussis; and no less than 
  7.27  three doses of vaccine for poliomyelitis. 
  7.28     (f) In order for the statement to be acceptable for a 
  7.29  person who is enrolling in a child care facility and who is five 
  7.30  or six years of age, it must indicate that the following was 
  7.31  given:  no less than one dose of vaccine each for measles, 
  7.32  mumps, and rubella given separately or in combination; no less 
  7.33  than four doses of vaccine for diphtheria, tetanus, and 
  7.34  pertussis; and no less than three doses of vaccine for 
  7.35  poliomyelitis. 
  7.36     (g) In order for the statement to be acceptable for a 
  8.1   person who is enrolling in a child care facility and who is 
  8.2   seven years of age or older, the statement must indicate that 
  8.3   the person has received no less than one dose of vaccine each 
  8.4   for measles, mumps, and rubella given separately or in 
  8.5   combination and consistent with subdivision 10, and no less than 
  8.6   three doses of vaccine for poliomyelitis, diphtheria, and 
  8.7   tetanus.  
  8.8      (h) The commissioner of health, on finding that any of the 
  8.9   above requirements are not necessary to protect the public's 
  8.10  health, may suspend for one year that requirement.  
  8.11     Sec. 9.  Minnesota Statutes 2000, section 121A.15, 
  8.12  subdivision 7, is amended to read: 
  8.13     Subd. 7.  [FILE ON IMMUNIZATION RECORDS STATEMENTS.] Each 
  8.14  school or child care facility shall maintain on file 
  8.15  immunization records statements for all persons in attendance 
  8.16  that contain the information required by subdivisions 1, 2, and 
  8.17  3.  The school shall maintain the records statements for at 
  8.18  least five years after the person attains the age of majority.  
  8.19  The department of health and the board of health, as defined in 
  8.20  section 145A.02, subdivision 2, in whose jurisdiction the school 
  8.21  or child care facility is located, shall have access to the 
  8.22  files maintained pursuant to this subdivision.  When a person 
  8.23  transfers to another elementary or secondary school or child 
  8.24  care facility, the administrator or other person having general 
  8.25  control and supervision of the school or child care facility 
  8.26  shall assist the person's parent or guardian in the transfer of 
  8.27  the immunization file to the person's new school or child care 
  8.28  facility within 30 days of the transfer.  Upon the request of a 
  8.29  public or private post-secondary educational institution, as 
  8.30  defined in section 135A.14, the administrator or other person 
  8.31  having general control or supervision of a school shall assist 
  8.32  in the transfer of a student's immunization file to the 
  8.33  post-secondary institution. 
  8.34     Sec. 10.  Minnesota Statutes 2000, section 121A.15, 
  8.35  subdivision 8, is amended to read: 
  8.36     Subd. 8.  [REPORT.] (a) The administrator or other person 
  9.1   having general control and supervision of the elementary or 
  9.2   secondary school shall file a report with the commissioner of 
  9.3   children, families, and learning on all persons enrolled in the 
  9.4   school.  The superintendent of each district shall file a report 
  9.5   with the commissioner of children, families, and learning for 
  9.6   all persons within the district receiving instruction in a home 
  9.7   school in compliance with sections 120A.22 and 120A.24.  The 
  9.8   parent of persons receiving instruction in a home school shall 
  9.9   submit the statements as required by subdivisions 1, 2, 3, and 4 
  9.10  to the superintendent of the district in which the person 
  9.11  resides by October 1 of each school year.  The school report 
  9.12  must be prepared on forms developed jointly by the commissioner 
  9.13  of health and the commissioner of children, families, and 
  9.14  learning and be distributed to the local districts by the 
  9.15  commissioner of health.  The school report must state the number 
  9.16  of persons attending the school, the number of persons who have 
  9.17  not been immunized according to subdivision 1 or 2, and the 
  9.18  number of persons who received an exemption under subdivision 3, 
  9.19  clause (c) or (d).  The school report must be filed with the 
  9.20  commissioner of children, families, and learning within 60 days 
  9.21  of the commencement of each new school term.  Upon request, a 
  9.22  district must be given a 60-day extension for filing the school 
  9.23  report.  The commissioner of children, families, and learning 
  9.24  shall forward the report, or a copy thereof, to the commissioner 
  9.25  of health who shall provide summary reports to boards of health 
  9.26  as defined in section 145A.02, subdivision 2.  
  9.27     (b) The administrator or other person having general 
  9.28  control and supervision of the child care facility shall file a 
  9.29  report with the commissioner of human services on all persons 
  9.30  enrolled in the child care facility.  The child care facility 
  9.31  report must be prepared on forms developed jointly by the 
  9.32  commissioner of health and the commissioner of human services 
  9.33  and be distributed to child care facilities by the commissioner 
  9.34  of health.  The child care facility report must state the number 
  9.35  of persons enrolled in the facility, the number of persons with 
  9.36  no immunizations, the number of persons who received an 
 10.1   exemption under subdivision 3, clause (c) or (d), and the number 
 10.2   of persons with partial or full immunization histories.  The 
 10.3   child care facility report must be filed with the commissioner 
 10.4   of human services by November 1 of each year.  The commissioner 
 10.5   of human services shall forward the report, or a copy thereof, 
 10.6   to the commissioner of health who shall provide summary reports 
 10.7   to boards of health as defined in section 145A.02, subdivision 2.
 10.8      (c) The report required by this subdivision is not required 
 10.9   of a family child care or group family child care facility, for 
 10.10  prekindergarten children enrolled in any elementary or secondary 
 10.11  school provided services according to sections 125A.05 and 
 10.12  125A.06 section 125A.03, nor for child care facilities in which 
 10.13  at least 75 percent of children in the facility participate on a 
 10.14  one-time only or occasional basis to a maximum of 45 hours per 
 10.15  child, per month.  
 10.16     Sec. 11.  Minnesota Statutes 2000, section 121A.15, 
 10.17  subdivision 9, is amended to read: 
 10.18     Subd. 9.  [DEFINITIONS.] As used in this section the 
 10.19  following terms have the meanings given them. 
 10.20     (a) "Elementary or secondary school" includes any public 
 10.21  school as defined in section 120A.05, subdivisions 9, 11, 13, 
 10.22  and 17, or nonpublic school, church, or religious organization, 
 10.23  or home school in which a child is provided instruction in 
 10.24  compliance with sections 120A.22 and 120A.24. 
 10.25     (b) "Person enrolled in any elementary or secondary school" 
 10.26  means a person born after 1956 and enrolled in grades 
 10.27  kindergarten through 12, and a child with a disability receiving 
 10.28  special instruction and services as required in sections section 
 10.29  125A.03 to 125A.24 and 125A.65, excluding a child being provided 
 10.30  services according to section 125A.05, paragraph (c), or 
 10.31  125A.06, paragraph (d) (a), clause (3) or (7).  
 10.32     (c) "Child care facility" includes those child care 
 10.33  programs subject to licensure under chapter 245A, and Minnesota 
 10.34  Rules, chapters 9502 and 9503. 
 10.35     (d) "Family child care" means child care for no more than 
 10.36  ten children at one time of which no more than six are under 
 11.1   school age.  The licensed capacity must include all children of 
 11.2   any caregiver when the children are present in the residence. 
 11.3      (e) "Group family child care" means child care for no more 
 11.4   than 14 children at any one time.  The total number of children 
 11.5   includes all children of any caregiver when the children are 
 11.6   present in the residence. 
 11.7      (f) "Administrator" means the school principal, the 
 11.8   school's designated representative, or the person having general 
 11.9   control and supervision of a school or child care facility. 
 11.10     (g) "In the process of being age-appropriately immunized" 
 11.11  means having documentation of a minimum of one dose of each 
 11.12  required vaccine, including those for which multiple doses must 
 11.13  be given over time to be completely immunized. 
 11.14     (h) "Health care provider with prescribing authority" means 
 11.15  a licensed physician, registered physician assistant with 
 11.16  prescribing authority under chapter 147A, or advanced practice 
 11.17  registered nurse with prescribing authority under section 
 11.18  148.235 who has authority to prescribe immunizations. 
 11.19     Sec. 12.  Minnesota Statutes 2000, section 121A.15, is 
 11.20  amended by adding a subdivision to read: 
 11.21     Subd. 12.  [IMMUNIZATION PRACTICES TASK FORCE.] The 
 11.22  commissioner of health shall appoint an immunization practices 
 11.23  task force to advise the commissioner of health on the 
 11.24  immunizations required for persons over two months of age who 
 11.25  are enrolled in an elementary or secondary school, child care 
 11.26  facility, or public or private post-secondary educational 
 11.27  institution and the manner and frequency of their 
 11.28  administration.  The task force shall also advise the 
 11.29  commissioner of health on vaccines that are available and that 
 11.30  are safer than those generally provided, including but not 
 11.31  limited to a vaccine for hepatitis B that does not contain 
 11.32  mercury, and shall advise the commissioner of health on ways to 
 11.33  inform patients being immunized and the parents and guardians of 
 11.34  minors being immunized of the availability and preferability of 
 11.35  these safer vaccines.  Membership on the task force shall 
 11.36  include but is not limited to one member recommended by the 
 12.1   Minnesota chapter of the American Academy of Pediatrics; one 
 12.2   member recommended by the Minnesota medical association; one 
 12.3   member recommended by the Minnesota academy of family 
 12.4   physicians; one member recommended by the school nurses 
 12.5   association of Minnesota; one member chosen by the commissioner 
 12.6   of health who serves on a community health board, as defined in 
 12.7   section 145A.09, subdivision 2; one member recommended by the 
 12.8   Minnesota council of health plans; one member recommended by the 
 12.9   Minnesota coalition of adult immunization; one member 
 12.10  recommended by the Minnesota nurses association; one member who 
 12.11  is a medical representative of a public or private 
 12.12  post-secondary educational institution; one member recommended 
 12.13  by the local chapter of the National Association of Pediatric 
 12.14  Nurse Practitioners; and one public member chosen by the 
 12.15  commissioner of health who represents at-risk communities.  
 12.16  Terms and removal of members shall be governed by section 
 12.17  15.059, subdivision 6.  Notwithstanding section 15.059, 
 12.18  subdivision 6, the task force shall not expire and members shall 
 12.19  not receive reimbursement for expenses.  All meetings of the 
 12.20  task force shall be open to the public and any person who wishes 
 12.21  to testify before the task force or provide materials to task 
 12.22  force members may do so by making arrangements with department 
 12.23  of health staff. 
 12.24     Sec. 13.  Minnesota Statutes 2000, section 121A.15, is 
 12.25  amended by adding a subdivision to read: 
 12.26     Subd. 13.  [REPORT.] By January 15, 2003, and every 
 12.27  odd-numbered year thereafter, the commissioner of health shall 
 12.28  report to the legislature on the current immunization schedule 
 12.29  and all changes made to the schedule in the previous two-year 
 12.30  period. 
 12.31     Sec. 14.  Minnesota Statutes 2000, section 135A.14, 
 12.32  subdivision 1, is amended to read: 
 12.33     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
 12.34  following terms have the meanings given them.  
 12.35     (a) "Administrator" means the administrator of the 
 12.36  institution or other person with general control and supervision 
 13.1   of the institution. 
 13.2      (b) "Public or private post-secondary educational 
 13.3   institution" or "institution" means any of the following 
 13.4   institutions having an enrollment of more than 100 persons 
 13.5   during any quarter, term, or semester during the preceding 
 13.6   year:  (1) the University of Minnesota; (2) the state 
 13.7   universities; (3) the state community colleges; (4) public 
 13.8   technical colleges; (5) private four-year, professional and 
 13.9   graduate institutions; (6) private two-year colleges; and (7) 
 13.10  schools subject to either chapter 141, sections 136A.61 to 
 13.11  136A.71, or schools exempt under section 136A.657, and which 
 13.12  offer educational programs within the state for an academic year 
 13.13  greater than six consecutive months.  An institution's report to 
 13.14  the Minnesota higher education services office or the Minnesota 
 13.15  department of children, families, and learning may be considered 
 13.16  when determining enrollment. 
 13.17     (c) "Student" means a person born after 1956 who did not 
 13.18  graduate from a Minnesota high school in 1997 or later, and who 
 13.19  is (1) registering for more than one class during a full 
 13.20  academic term, such as a quarter or a semester or (2) housed on 
 13.21  campus and is registering for one or more classes.  Student does 
 13.22  not include persons enrolled in extension classes only or 
 13.23  correspondence classes only. 
 13.24     (d) "Health care provider with prescribing authority" has 
 13.25  the meaning given in section 121A.15, subdivision 9, paragraph 
 13.26  (h). 
 13.27     Sec. 15.  Minnesota Statutes 2000, section 135A.14, 
 13.28  subdivision 2, is amended to read: 
 13.29     Subd. 2.  [STATEMENT OF IMMUNIZATION REQUIRED.] Except as 
 13.30  provided in subdivision 3, no student may remain enrolled in a 
 13.31  public or private post-secondary educational institution unless 
 13.32  the student has submitted to the administrator a statement that 
 13.33  the student has received appropriate immunization against 
 13.34  measles, rubella, and mumps after having attained the age of 12 
 13.35  months, and against diphtheria and tetanus within ten years of 
 13.36  first registration at the institution is age-appropriately 
 14.1   immunized against diseases in compliance with the immunization 
 14.2   schedule established by the commissioner of health according to 
 14.3   section 121A.15, subdivision 1a.  This statement must indicate 
 14.4   the month and year of each immunization given.  Instead of 
 14.5   submitting a statement, a student may provide an immunization 
 14.6   record maintained by a school according to section 121A.15, 
 14.7   subdivision 7, or a school in another state if the required 
 14.8   information is contained in the record.  A student who has 
 14.9   submitted a statement as provided in this subdivision may 
 14.10  transfer to a different Minnesota institution without submitting 
 14.11  another statement if the student's transcript or other official 
 14.12  documentation indicates that the statement was submitted. 
 14.13     Sec. 16.  Minnesota Statutes 2000, section 135A.14, 
 14.14  subdivision 3, is amended to read: 
 14.15     Subd. 3.  [EXEMPTIONS FROM IMMUNIZATION.] (a) An 
 14.16  immunization listed in subdivision 2 specified in the 
 14.17  immunization schedule established according to section 121A.15, 
 14.18  subdivision 1a, is not required if the student submits to the 
 14.19  administrator a statement signed by a physician health care 
 14.20  provider with prescribing authority that shows:  
 14.21     (1) that, for medical reasons, the student did not receive 
 14.22  an immunization; 
 14.23     (2) that the student has experienced the natural disease 
 14.24  against which the immunization protects; or 
 14.25     (3) that a laboratory has confirmed the presence of 
 14.26  adequate immunity. 
 14.27     (b) If the student submits a notarized statement that the 
 14.28  student has not been immunized as required in subdivision 2 
 14.29  because of the student's conscientiously held beliefs, the 
 14.30  immunizations described in subdivision 2 specified in the 
 14.31  immunization schedule are not required.  The institution shall 
 14.32  forward this statement to the commissioner of health.  
 14.33     Sec. 17.  [REPEALER.] 
 14.34     Minnesota Statutes 2000, section 121A.15, subdivisions 6 
 14.35  and 10, are repealed. 
 14.36     Sec. 18.  [EFFECTIVE DATE.] 
 15.1      Sections 1 to 8 and 12 to 17 are effective January 1, 2002, 
 15.2   and apply to the 2002-2003 school term and later.  Sections 9 to 
 15.3   11 are effective the day following final enactment.