HF 367

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/02/2024 12:54pm

A bill for an act
relating to early childhood; allowing a child care center and a family child care
provider to adopt a policy regarding immunizations; amending Minnesota Statutes
2022, section 121A.15, subdivision 3, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2022, 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 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 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. new text begin This paragraph does not apply to a child
enrolling or enrolled in a child care center or family child care program that adopts a policy
under subdivision 3b.
new text end

(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.

Sec. 2.

Minnesota Statutes 2022, section 121A.15, is amended by adding a subdivision to
read:

new text begin Subd. 3b. new text end

new text begin Child care programs. new text end

new text begin A child care center licensed under chapter 245A and
Minnesota Rules, chapter 9503, and a family child care provider licensed under chapter
245A and Minnesota Rules, chapter 9502, may adopt a policy prohibiting a child over two
months of age from enrolling or remaining enrolled in the child care center or family child
care program if the child: (1) has not been immunized in accordance with subdivision 1 or
2 and in accordance with Minnesota Rules, chapter 4604; and (2) is not exempt from
immunizations under subdivision 3, paragraph (a), (c), (e), or (f).
new text end