HF 2540

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/02/2023 02:13pm

A bill for an act
relating to health; prohibiting the commissioner of health from modifying
immunization requirements for enrollment in an elementary or secondary school
or child care facility to require immunizations against COVID-19; amending
Minnesota Statutes 2022, section 121A.15, subdivision 12.

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

Section 1.

Minnesota Statutes 2022, section 121A.15, subdivision 12, is amended to read:

Subd. 12.

Modifications to schedule.

(a) new text begin Except as provided in paragraph (e), new text end the
commissioner of health may adopt modifications to the immunization requirements of this
section. A proposed modification made under this subdivision must be part of the current
immunization recommendations of each of the following organizations: the United States
Public Health Service's Advisory Committee on Immunization Practices, the American
Academy of Family Physicians, and the American Academy of Pediatrics. In proposing a
modification to the immunization schedule, the commissioner must:

(1) consult with (i) the commissioner of education; the commissioner of human services;
the chancellor of the Minnesota State Colleges and Universities; and the president of the
University of Minnesota; and (ii) the Minnesota Natural Health Coalition, Vaccine Awareness
Minnesota, Biological Education for Autism Treatment (BEAT), the Minnesota Academy
of Family Physicians, the American Academy of Pediatrics-Minnesota Chapter, and the
Minnesota Nurses Association; and

(2) consider the following criteria: the epidemiology of the disease, the morbidity and
mortality rates for the disease, the safety and efficacy of the vaccine, the cost of a vaccination
program, the cost of enforcing vaccination requirements, and a cost-benefit analysis of the
vaccination.

(b) Before a proposed modification may be adopted, the commissioner must notify the
chairs of the house of representatives and senate committees with jurisdiction over health
policy issues. If the chairs of the relevant standing committees determine a public hearing
regarding the proposed modifications is in order, the hearing must be scheduled within 60
days of receiving notice from the commissioner. If a hearing is scheduled, the commissioner
may not adopt any proposed modifications until after the hearing is held.

(c) The commissioner shall comply with the requirements of chapter 14 regarding the
adoption of any proposed modifications to the immunization schedule.

(d) In addition to the publication requirements of chapter 14, the commissioner of health
must inform all immunization providers of any adopted modifications to the immunization
schedule in a timely manner.

new text begin (e) The commissioner may not use the authority in this subdivision to require a person
to receive one or more immunizations against COVID-19 in order to enroll in or remain
enrolled in an elementary or secondary school or child care facility.
new text end