HF 3276

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/17/2022 05:25pm

A bill for an act
relating to health; modifying exemptions from immunization requirements for
children in child care facilities and students in schools and postsecondary
educational institutions; amending Minnesota Statutes 2020, sections 121A.15,
subdivision 3; 135A.14, subdivision 3.

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

Section 1.

Minnesota Statutes 2020, section 121A.15, subdivision 3, is amended to read:

Subd. 3.

Exemptions from immunizations.

(a) If a person is at least seven years old
and has not been immunized against pertussis, the person must not be required to be
immunized against pertussis.

(b) If a person is at least 18 years old and has not completed a series of immunizations
against poliomyelitis, the person must not be required to be immunized against poliomyelitis.

(c) If a statement, signed by a physician, is submitted to the administrator or other person
having general control and supervision of the school or child care facility stating that an
immunization new text begin required in this section or otherwise required for enrollment in the school or
child care facility new text end is contraindicated for medical reasons or that laboratory confirmation of
the presence of adequate immunity exists, the immunization specified in the statement need
not be required.

(d) If a notarized statement signed by the minor child's parent or guardian or by the
emancipated person is submitted to the administrator or other person having general control
and supervision of the school or child care facility stating that the person has not been
immunized as prescribed in subdivision 1 new text begin or as otherwise required for enrollment in the
school or child care facility new text end because of the conscientiously held beliefs of the parent or
guardian of the minor child or of the emancipated person, the immunizations specified in
the statement shall not be required. This statement must also be forwarded to the
commissioner of the Department of Health.

(e) If the person is under 15 months, the person is not required to be immunized against
measles, rubella, or mumps.

(f) If a person is at least five years old and has not been immunized against haemophilus
influenzae type b, the person is not required to be immunized against haemophilus influenzae
type b.

(g) If a person who is not a Minnesota resident enrolls in a Minnesota school online
learning course or program that delivers instruction to the person only by computer and
does not provide any teacher or instructor contact time or require classroom attendance, the
person is not subject to the immunization, statement, and other requirements of this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to immunization requirements in effect on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2020, section 135A.14, subdivision 3, is amended to read:

Subd. 3.

Exemptions from immunization.

(a) An immunization listed in subdivision
2 new text begin or otherwise required by a postsecondary educational institution for students new text end is not required
if the student submits to the administrator a statement signed by a physician that shows:

(1) that, for medical reasons, the student did not receive an immunization;

(2) that the student has experienced the natural disease against which the immunization
protects; or

(3) that a laboratory has confirmed the presence of adequate immunity.

(b) If the student submits a notarized statement that the student has not been immunized
as required in subdivision 2 new text begin or as otherwise required by the student's postsecondary
educational institution new text end because of the student's conscientiously held beliefs, the
immunizations described in subdivision 2 new text begin or otherwise required by the institution new text end are not
required. The institution shall forward this statement to the commissioner of health.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to immunization requirements in effect on or after that date.
new text end