HF 887

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; providing for education and 
  1.3             precautions regarding vaccines; requiring certain 
  1.4             consultation before modifying the schedule of 
  1.5             immunizations; amending Minnesota Statutes 2002, 
  1.6             section 121A.15, subdivisions 3a, 12. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 121A.15, 
  1.9   subdivision 3a, is amended to read: 
  1.10     Subd. 3a.  [DISCLOSURES REQUIRED.] (a) This paragraph 
  1.11  applies to any written information about immunization 
  1.12  requirements for enrollment in a school or child care facility 
  1.13  that: 
  1.14     (1) is provided to a person to be immunized or enrolling or 
  1.15  enrolled in a school or child care facility, or to the person's 
  1.16  parent or guardian if the person is under 18 years of age and 
  1.17  not emancipated; and 
  1.18     (2) is provided by the department of health; the department 
  1.19  of children, families, and learning; the department of human 
  1.20  services; an immunization provider; or a school or child care 
  1.21  facility.  
  1.22  Such written information must describe the exemptions from 
  1.23  immunizations permitted under subdivision 3, paragraphs (c) and 
  1.24  (d).  The information on exemptions from immunizations provided 
  1.25  according to this paragraph must be in a font size at least 
  1.26  equal to the font size of the immunization requirements, in the 
  2.1   same font style as the immunization requirements, and on the 
  2.2   same page of the written document as the immunization 
  2.3   requirements.  
  2.4      (b) Before immunizing a person, an immunization provider 
  2.5   must provide the person, or the person's parent or guardian if 
  2.6   the person is under 18 years of age and not emancipated, with 
  2.7   the following information in writing:  
  2.8      (1) a list of the immunizations required for enrollment in 
  2.9   a school or child care facility; 
  2.10     (2) a description of the exemptions from immunizations 
  2.11  permitted under subdivision 3, paragraphs (c) and (d); 
  2.12     (3) a list of additional immunizations currently 
  2.13  recommended by the commissioner; and 
  2.14     (4) in accordance with federal law, a copy of the vaccine 
  2.15  information sheet from the federal Department of Health and 
  2.16  Human Services that lists possible adverse reactions to the 
  2.17  immunization to be provided.  
  2.18     (c) The commissioner will continue the educational campaign 
  2.19  to providers and hospitals on vaccine safety, including but not 
  2.20  limited to information on the vaccine adverse events reporting 
  2.21  system (VAERS), the federal vaccine information statements 
  2.22  (VIS), and medical precautions and contraindications to 
  2.23  immunizations. 
  2.24     (d) The commissioner will encourage providers to provide 
  2.25  the vaccine information statements at multiple visits and in 
  2.26  anticipation of subsequent immunizations. 
  2.27     (e) The commissioner will encourage providers to use 
  2.28  existing screening for immunization precautions and 
  2.29  contraindication materials and make proper use of the vaccine 
  2.30  adverse events reporting system (VAERS). 
  2.31     (f) In consultation with groups and people identified in 
  2.32  subdivision 12, paragraph (a), clause (1), the commissioner will 
  2.33  continue to develop and make available patient education 
  2.34  materials on immunizations including, but not limited to, 
  2.35  contraindications and precautions regarding vaccines. 
  2.36     (g) The commissioner will encourage health care providers 
  3.1   to use thimerosal-free vaccines when available. 
  3.2      Sec. 2.  Minnesota Statutes 2002, section 121A.15, 
  3.3   subdivision 12, is amended to read: 
  3.4      Subd. 12.  [MODIFICATIONS TO SCHEDULE.] (a) The 
  3.5   commissioner of health may adopt modifications to the 
  3.6   immunization requirements of this section.  A proposed 
  3.7   modification made under this subdivision must be part of the 
  3.8   current immunization recommendations of each of the following 
  3.9   organizations:  the United States Public Health Service's 
  3.10  Advisory Committee on Immunization Practices, the American 
  3.11  Academy of Family Physicians, and the American Academy of 
  3.12  Pediatrics.  In proposing a modification to the immunization 
  3.13  schedule, the commissioner must: 
  3.14     (1) consult with (i) the commissioner of children, 
  3.15  families, and learning; the commissioner of human services; the 
  3.16  chancellor of the Minnesota state colleges and universities; and 
  3.17  the president of the University of Minnesota; and (ii) the 
  3.18  Minnesota Natural Health Coalition; Vaccine Awareness Minnesota; 
  3.19  Biological Education for Autism Treatment (BEAT); the Minnesota 
  3.20  Academy of Family Physicians; the American Academy of 
  3.21  Pediatrics-Minnesota Chapter; and the Minnesota Nurses 
  3.22  Association; and 
  3.23     (2) consider the following criteria:  the epidemiology of 
  3.24  the disease, the morbidity and mortality rates for the disease, 
  3.25  the safety and efficacy of the vaccine, the cost of a 
  3.26  vaccination program, the cost of enforcing vaccination 
  3.27  requirements, and a cost-benefit analysis of the vaccination. 
  3.28     (b) Before a proposed modification may be adopted, the 
  3.29  commissioner must notify the chairs of the house and senate 
  3.30  committees with jurisdiction over health policy issues.  If the 
  3.31  chairs of the relevant standing committees determine a public 
  3.32  hearing regarding the proposed modifications is in order, the 
  3.33  hearing must be scheduled within 60 days of receiving notice 
  3.34  from the commissioner.  If a hearing is scheduled, the 
  3.35  commissioner may not adopt any proposed modifications until 
  3.36  after the hearing is held.  
  4.1      (c) The commissioner shall comply with the requirements of 
  4.2   chapter 14 regarding the adoption of any proposed modifications 
  4.3   to the immunization schedule.  
  4.4      (d) In addition to the publication requirements of chapter 
  4.5   14, the commissioner of health must inform all immunization 
  4.6   providers of any adopted modifications to the immunization 
  4.7   schedule in a timely manner.