HF 260

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; modifying school immunization and 
  1.3             health record provisions; amending Minnesota Statutes 
  1.4             1996, sections 123.70, subdivisions 5, 7, and 10; and 
  1.5             144.29. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 123.70, 
  1.8   subdivision 5, is amended to read: 
  1.9      Subd. 5.  If a person transfers from one elementary or 
  1.10  secondary school to another, the person shall be allowed school 
  1.11  board of a public school district or the administrator of a 
  1.12  nonpublic school may allow up to a maximum of 30 days to submit 
  1.13  one or more of the statements as specified in subdivision 1 or 
  1.14  3, during which time the person may enroll in and attend the 
  1.15  school.  If a person enrolls in a child care facility in which 
  1.16  at least 75 percent of children in the facility participate on a 
  1.17  one-time only or occasional basis to a maximum of 45 hours per 
  1.18  child, per month, or is placed in a facility by a crisis 
  1.19  nursery, the person shall be exempt from all requirements of 
  1.20  this section for up to five consecutive days, starting from the 
  1.21  first day of attendance. 
  1.22     Sec. 2.  Minnesota Statutes 1996, section 123.70, 
  1.23  subdivision 7, is amended to read: 
  1.24     Subd. 7.  Each school or child care facility shall maintain 
  1.25  on file immunization records for all persons in attendance that 
  2.1   contain the information required by subdivisions 1, 2, and 3.  
  2.2   The school shall maintain the records for at least five years 
  2.3   after the person attains the age of majority.  The department of 
  2.4   health and the board of health, as defined in section 145A.02, 
  2.5   subdivision 2, in whose jurisdiction the school or child care 
  2.6   facility is located, shall have access to the files maintained 
  2.7   pursuant to this subdivision.  When a person transfers to 
  2.8   another elementary or secondary school or child care facility, 
  2.9   the administrator or other person having general control and 
  2.10  supervision of the school or child care facility shall assist 
  2.11  the person's parent or guardian in the transfer of the 
  2.12  immunization file to the person's new school or child care 
  2.13  facility within 30 days of the transfer.  Upon the request of a 
  2.14  public or private post-secondary educational institution, as 
  2.15  defined in section 135A.14, the administrator or other person 
  2.16  having general control or supervision of a school shall assist 
  2.17  in the transfer of a student's immunization file to the 
  2.18  post-secondary institution. 
  2.19     Sec. 3.  Minnesota Statutes 1996, section 123.70, 
  2.20  subdivision 10, is amended to read: 
  2.21     Subd. 10.  A statement required to be submitted under 
  2.22  subdivisions 1, 2, and 4 to document evidence of immunization 
  2.23  shall include month, day, and year for immunizations 
  2.24  administered after January 1, 1990.  
  2.25     (a) For persons enrolled in grades 7 and 12 during the 
  2.26  1996-1997 school term, the statement must indicate that the 
  2.27  person has received a dose of tetanus and diphtheria toxoid no 
  2.28  earlier than 11 years of age. 
  2.29     (b) Except as specified in paragraph (e), for persons 
  2.30  enrolled in grades 7, 8, and 12 during the 1997-1998 school 
  2.31  term, the statement must indicate that the person has received a 
  2.32  dose of tetanus and diphtheria toxoid no earlier than 11 years 
  2.33  of age.  
  2.34     (c) Except as specified in paragraph (e), for persons 
  2.35  enrolled in grades 7, 8, 9, and through 12 during the 1998-1999 
  2.36  school term and for each year thereafter, the statement must 
  3.1   indicate that the person has received a dose of tetanus and 
  3.2   diphtheria toxoid no earlier than 11 years of age.  
  3.3      (d) for persons enrolled in grades 7, 8, 9, 10, and 12 
  3.4   during the 1999-2000 school term, the statement must indicate 
  3.5   that the person has received a dose of tetanus and diphtheria 
  3.6   toxoid no earlier than 11 years of age.  
  3.7      (e) for persons enrolled in grades 7 through 12 during the 
  3.8   2000-2001 school term and for each year thereafter, the 
  3.9   statement must indicate that the person has received a dose of 
  3.10  tetanus and diphtheria toxoid no earlier than 11 years of age. 
  3.11     (f) (d) For persons enrolled in grades 7 through 12 during 
  3.12  the 1996-1997 school year and for each year thereafter, the 
  3.13  statement must indicate that the person has received at least 
  3.14  two doses of vaccine against measles, mumps, and rubella, given 
  3.15  alone or separately and given not less than one month apart. 
  3.16     (e) A person who has received at least three doses of 
  3.17  tetanus and diphtheria toxoids, with the most recent dose given 
  3.18  after age six and before age 11, is not required to have 
  3.19  additional immunization against diphtheria and tetanus until ten 
  3.20  years have elapsed from the person's most recent dose of tetanus 
  3.21  and diphtheria toxoid. 
  3.22     Sec. 4.  Minnesota Statutes 1996, section 144.29, is 
  3.23  amended to read: 
  3.24     144.29 [HEALTH RECORDS; CHILDREN OF SCHOOL AGE.] 
  3.25     It shall be the duty of every school nurse, school 
  3.26  physician, school attendance officer, superintendent of schools, 
  3.27  principal, teacher, and of the persons charged with the duty of 
  3.28  compiling and keeping the school census records, to cause a 
  3.29  permanent public health record to be kept for each child of 
  3.30  school age.  Such record shall be kept in such form that it may 
  3.31  be transferred with the child to any school which the child 
  3.32  shall attend within the state and transferred to the 
  3.33  commissioner when the child ceases to attend school.  It shall 
  3.34  contain a record of such health matters as shall be prescribed 
  3.35  by the commissioner, and of all mental and physical defects and 
  3.36  handicaps which might permanently cripple or handicap the 
  4.1   child student health data as defined in section 13.32, 
  4.2   subdivision 2, paragraph (a), and shall be classified as private 
  4.3   data as defined in section 13.32, subdivision 3.  Nothing in 
  4.4   sections 144.29 to 144.32 shall be construed to require any 
  4.5   child whose parent or guardian objects in writing thereto to 
  4.6   undergo a physical or medical examination or treatment.  A copy 
  4.7   shall be forwarded to the proper department of any state to 
  4.8   which the child shall remove.  Each district shall assign a 
  4.9   teacher, school nurse, or other professional person to review, 
  4.10  at the beginning of each school year, the health record of all 
  4.11  pupils under the assignee's direction.  Growth, results of 
  4.12  vision and hearing screening, and findings obtained from health 
  4.13  assessments must be entered periodically on the pupil's health 
  4.14  record.