HF 2832

as introduced - 92nd Legislature (2021 - 2022) Posted on 01/31/2022 10:52am

A bill for an act
relating to health; establishing COVID-19 vaccine requirements for school staff;
proposing coding for new law in Minnesota Statutes, chapter 123B.

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

Section 1.

new text begin [123B.33] COVID-19 VACCINE REQUIREMENTS FOR SCHOOL
STAFF.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Contract employee" means an individual who is an employee of an organization
that provides student-related services during the school year to a school and who is providing
student-related services at a school.
new text end

new text begin (c) "Fully vaccinated" or "full vaccination" means:
new text end

new text begin (1) a person's status two weeks after completing primary vaccination with a COVID-19
vaccine with, if applicable, at least the minimum recommended interval between doses in
accordance with the vaccine's approval, authorization, or listing that is:
new text end

new text begin (i) approved or authorized for emergency use by the federal Food and Drug
Administration (FDA);
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new text begin (ii) listed for emergency use by the World Health Organization (WHO); or
new text end

new text begin (iii) administered as part of a clinical trial at a site in the United States, if:
new text end

new text begin (A) the clinical trial participant is documented to have primary vaccination with the
active COVID-19 vaccine candidate and for which vaccine efficacy has been independently
confirmed; or
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new text begin (B) the clinical trial participant received a COVID-19 vaccine that is neither approved
nor authorized by the FDA but is listed for emergency use by the WHO; or
new text end

new text begin (2) a person's status two weeks after receiving the second dose of any combination of
two doses of a COVID-19 vaccine that is approved or authorized by the FDA or listed as a
two-dose series by the WHO, in which the person received doses of different COVID-19
vaccines as part of one primary series. The second dose of the series must not be received
earlier than 17 days after the first dose.
new text end

new text begin (d) "School" means a public school as defined in section 120A.05, subdivisions 9, 11,
13, and 17, or a nonpublic school. School does not include a home school in which a child
is provided instruction in compliance with sections 120A.22 and 120A.24.
new text end

new text begin (e) "School administrator" means a school superintendent, principal, assistant principal,
or other person having general control and supervision of a school.
new text end

new text begin (f) "School staff" means school administrators, teachers, and other school employees,
including contract employees.
new text end

new text begin (g) "Teacher" means a classroom teacher at a school or other school employee required
to hold a license from the Professional Educator Licensing and Standards Board.
new text end

new text begin Subd. 2. new text end

new text begin Required COVID-19 vaccination. new text end

new text begin (a) Except as otherwise provided by law,
all school staff must submit to the school, in a time and manner specified by the school,
acceptable proof of full vaccination against COVID-19.
new text end

new text begin (b) A school must have a process that addresses school staff requests for an exemption
from the vaccine requirement in paragraph (a) as an accommodation only as required under
federal law.
new text end

new text begin (c) The following constitute acceptable proof of full vaccination:
new text end

new text begin (1) a record of immunization from a health care provider or pharmacy;
new text end

new text begin (2) a copy of the person's COVID-19 vaccination record card;
new text end

new text begin (3) a copy of medical records documenting vaccination;
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new text begin (4) a copy of immunization records from a public health, state, or Tribal immunization
information system;
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new text begin (5) a copy of any other official documentation that specifies the type of vaccine
administered, the dates of administration, and the names of the health care professionals or
clinic sites administering the vaccines; or
new text end

new text begin (6) if a school staff person is unable to produce any of the forms of proof of full
vaccination specified in clauses (1) to (5), a statement that is signed and dated by the school
staff person in which the staff person attests to being fully vaccinated and attests to having
lost and being otherwise unable to produce any of the forms of proof of full vaccination
specified in clauses (1) to (5), and that includes the following language: "I declare that this
statement that I am fully vaccinated is true and accurate." A school staff person may also
provide with this statement, if able to do so, the type of vaccine administered, the dates of
administration, and the names of the health care professionals or clinic sites administering
the vaccines.
new text end

new text begin (d) A school must treat school staff who do not provide acceptable proof of full
vaccination as not fully vaccinated.
new text end

new text begin Subd. 3. new text end

new text begin Time for vaccination and recovery. new text end

new text begin (a) A school must provide a reasonable
amount of time for school staff to obtain the primary doses of a COVID-19 vaccine and
must provide paid time for this purpose at the employee's regular rate of pay.
new text end

new text begin (b) A school must provide a reasonable amount of time and paid leave for school staff
to recover from any side effects experienced following each primary dose of a COVID-19
vaccine.
new text end

new text begin Subd. 4. new text end

new text begin Maintenance and sharing of data. new text end

new text begin Any data held by a school related to
compliance with this section must be maintained and shared in accordance with state and
federal law and the school's policies.
new text end

new text begin Subd. 5. new text end

new text begin Enforcement. new text end

new text begin The commissioner of labor and industry shall enforce this section
under sections 182.66 and 182.661. A violation of this section is subject to the penalties
provided under section 182.666.
new text end