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HF 1245

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/06/2021 12:53pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health; requiring consent for vaccination; prohibiting consent coercion
and discrimination; imposing criminal penalties; amending Minnesota Statutes
2020, section 144.4197; proposing coding for new law in Minnesota Statutes,
chapter 144.

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

Section 1.

new text begin [144.0621] CONSENT REQUIRED FOR VACCINATION.
new text end

new text begin No vaccination shall be administered in this state unless the individual receiving the
vaccine gives written consent to the vaccination. For a child or an individual who is unable
to give consent, the parent or legal guardian shall first give written consent prior to the
administration of a vaccine. No government official or agent of government shall attempt
to coerce or compel an individual to consent to vaccination by means of withholding a
government benefit such as a stimulus check, MFIP, general assistance, supplemental aid,
health care programs, diversionary work programs, unemployment compensation student
loans, or any other form of government assistance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2020, section 144.4197, is amended to read:


144.4197 EMERGENCY VACCINE ADMINISTRATION; LEGEND DRUG.

new text begin Subdivision 1. new text end

new text begin Vaccine administration. new text end

When a mayor, county board chair, or legal
successor to such official has declared a local emergency under section 12.29 or the governor
has declared an emergency under section 12.31, subdivision 1 or 2, or a community health
board or its appointed agent under chapter 145A has requested the commissioner's assistance
in response to an event threatening public health in its jurisdiction, the commissioner of
health may authorize any person, including, but not limited to, any person licensed or
otherwise credentialed under chapters 144E, 147 to 148, 150A, 151, 153, or 156, to
administer vaccinations or dispense legend drugs if the commissioner determines that such
action is necessary to protect the health and safety of the public. The authorization shall be
in writing and shall contain the categories of persons included in the authorization, any
additional training required before performance of the vaccination or drug dispensing by
such persons, any supervision required for performance of the vaccination or drug dispensing,
and the duration of the authorization. The commissioner may, in writing, extend the scope
and duration of the authorization as the emergency warrants. Any person authorized by the
commissioner under this section shall not be subject to criminal liability, administrative
penalty, professional discipline, or other administrative sanction for good faith performance
of the vaccination or drug dispensing duties assigned according to this section.

new text begin Subd. 2. new text end

new text begin Discrimination prohibited. new text end

new text begin No agent of government or business shall treat
differently, single out, deny opportunity, ostracize, stigmatize, or discriminate against an
individual as a result of the individual's decision on whether or not to receive a vaccine. No
government, including political subdivisions, or business operating in the state shall require
proof of vaccination or health record proving vaccination in order to permit entry into a
building or facility open to the general public. An individual shall not be denied the ability
to engage in commerce as a result of a decision on whether or not to vaccinate.
new text end

new text begin Subd. 3. new text end

new text begin Penalty. new text end

new text begin A violation of subdivision 2 is a felony with a minimum of ten years'
imprisonment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end