HF 168

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to early childhood; requiring annual influenza immunizations for
children in a child care facility; amending Minnesota Statutes 2006, section
121A.15, subdivisions 1, 3, 4.

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

Section 1.

Minnesota Statutes 2006, section 121A.15, subdivision 1, is amended to
read:

Subdivision 1.

School and child care facility immunization requirements.

new text begin (a)
new text end Except as provided in subdivisions 3, 4, and 10, no person over two months old may
be allowed to enroll or remain enrolled in any elementary or secondary school or child
care facility in this state until the person has submitted to the administrator or other
person having general control and supervision of the school or child care facility, one of
the following statements:

(1) a statement from a physician or a public clinic which provides immunizations
stating that the person has received immunization, consistent with medically acceptable
standards, against measles after having attained the age of 12 months, rubella, diphtheria,
tetanus, pertussis, polio, mumps, haemophilus influenza type b, and hepatitis B; or

(2) a statement from a physician or a public clinic which provides immunizations
stating that the person has received immunizations, consistent with medically acceptable
standards, against measles after having attained the age of 12 months, rubella, mumps,
and haemophilus influenza type b and that the person has commenced a schedule of
immunizations for diphtheria, tetanus, pertussis, polio, and hepatitis B and which indicates
the month and year of each immunization received.

new text begin (b) Except as provided in subdivisions 3 and 4, no person who is at least six months
old may enroll or remain enrolled in a child care facility in this state unless the person
submits to the administrator or other person having general control and supervision of
the child care facility, an annual statement from a physician or a public clinic which
provides immunizations stating that the person has received immunization, consistent with
medically acceptable standards, against influenza during the immediately prior August 1
through February 1 time period.
new text end

Sec. 2.

Minnesota Statutes 2006, section 121A.15, subdivision 3, is amended to read:

Subd. 3.

Exemptions from immunizations.

(a) If a person is at least seven years
old and has not been immunized against pertussis, the person must not be required to
be immunized against pertussis.

(b) If a person is at least 18 years old and has not completed a series of
immunizations against poliomyelitis, the person must not be required to be immunized
against poliomyelitis.

(c) If a statement, signed by a physician, is submitted to the administrator or
other person having general control and supervision of the school or child care facility
stating that an immunization is contraindicated for medical reasons or that laboratory
confirmation of the presence of adequate immunity exists, the immunization specified in
the statement need not be required.

(d) If a notarized statement signed by the minor child's parent or guardian or by the
emancipated person is submitted to the administrator or other person having general
control and supervision of the school or child care facility stating that the person has
not been immunized as prescribed in subdivision 1 because of the conscientiously held
beliefs of the parent or guardian of the minor child or of the emancipated person, the
immunizations specified in the statement shall not be required. This statement must also
be forwarded to the commissioner of the Department of Health.

(e) If the person is under 15 months, the person is not required to be immunized
against measles, rubella, or mumps.

new text begin (f) If the person is under six months old, the person is not required to be immunized
against influenza.
new text end

deleted text begin (f) deleted text end new text begin (g) new text end If a person is at least five years old and has not been immunized against
haemophilus influenza type b, the person is not required to be immunized against
haemophilus influenza type b.

deleted text begin (g) deleted text end new text begin (h) new text end If a person who is not a Minnesota resident enrolls in a Minnesota
school online learning course or program that delivers instruction to the person only
by computer and does not provide any teacher or instructor contact time or require
classroom attendance, the person is not subject to the immunization, statement, and other
requirements of this section.

Sec. 3.

Minnesota Statutes 2006, section 121A.15, subdivision 4, is amended to read:

Subd. 4.

Substitute immunization statement.

(a) A person who is enrolling
or enrolled in an elementary or secondary school or child care facility may substitute
a statement from the emancipated person or a parent or guardian if the person is a
minor child in lieu of the statement from a physician or public clinic which provides
immunizations. If the statement is from a parent or guardian or emancipated person, the
statement must indicate the month and year of each immunization given.

(b) In order for the statement to be acceptable for a person who is enrolling in
an elementary school and who is six years of age or younger, it must indicate that
the following was given: no less than one dose of vaccine each for measles, mumps,
and rubella given separately or in combination; no less than four doses of vaccine for
poliomyelitis, unless the third dose was given after the fourth birthday, then three doses
are minimum; no less than five doses of vaccine for diphtheria, tetanus, and pertussis,
unless the fourth dose was given after the fourth birthday, then four doses are minimum;
and no less than three doses of vaccine for hepatitis B.

(c) In order for the statement to be consistent with subdivision 10 and acceptable for
a person who is enrolling in an elementary or secondary school and is age seven through
age 19, the statement must indicate that the person has received no less than one dose of
vaccine each for measles, mumps, and rubella given separately or in combination, and no
less than three doses of vaccine for poliomyelitis, diphtheria, tetanus, and hepatitis B.

(d) In order for the statement to be acceptable for a person who is enrolling in a
secondary school, and who was born after 1956 and is 20 years of age or older, the
statement must indicate that the person has received no less than one dose of vaccine each
for measles, mumps, and rubella given separately or in combination, and no less than one
dose of vaccine for diphtheria and tetanus within the preceding ten years.

new text begin (e) In order for the statement to be acceptable for a person who is enrolling in a
child care facility and who is at least six months old, it must indicate that the person has
received an annual immunization for influenza.
new text end

deleted text begin (e) deleted text end new text begin (f) new text end In order for the statement to be acceptable for a person who is enrolling in a
child care facility and who is at least 15 months old but who has not reached five years
of age, it must indicate that the following were given: no less than one dose of vaccine
each for measles, mumps, and rubella given separately or in combination; no less than one
dose of vaccine for haemophilus influenza type b; no less than four doses of vaccine for
diphtheria, tetanus, and pertussis; and no less than three doses of vaccine for poliomyelitis.

deleted text begin (f) deleted text end new text begin (g) new text end In order for the statement to be acceptable for a person who is enrolling in a
child care facility and who is five or six years of age, it must indicate that the following
was given: no less than one dose of vaccine each for measles, mumps, and rubella given
separately or in combination; no less than four doses of vaccine for diphtheria, tetanus,
and pertussis; and no less than three doses of vaccine for poliomyelitis.

deleted text begin (g) deleted text end new text begin (h) new text end In order for the statement to be acceptable for a person who is enrolling in a
child care facility and who is seven years of age or older, the statement must indicate that
the person has received no less than one dose of vaccine each for measles, mumps, and
rubella given separately or in combination and consistent with subdivision 10, and no less
than three doses of vaccine for poliomyelitis, diphtheria, and tetanus.

deleted text begin (h) deleted text end new text begin (i) new text end The commissioner of health, on finding that any of the above requirements are
not necessary to protect the public's health, may suspend for one year that requirement.