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Minnesota Legislature

Office of the Revisor of Statutes

HF 393

as introduced - 89th Legislature (2015 - 2016) Posted on 01/29/2015 01:43pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health; modifying exemption procedures related to immunizations;
amending Minnesota Statutes 2014, section 121A.15, subdivision 3.

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

Section 1.

Minnesota Statutes 2014, 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) deleted text beginIf 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.
deleted text endnew text begin A child shall be exempt,
in whole or in part, from the immunization requirements of subdivision 1, upon the
submission to the administrator or other person having general control and supervision of
the school or child care facility of a certificate of exemption, using a form developed by
the commissioner of health. The certificate must state that the parent or guardian, or the
child if emancipated, is declining one or more required immunizations on the basis of their
personal beliefs. The certificate must contain the following:
new text end

new text begin (1) specification of the particular vaccine or vaccines for which an exemption is
being requested, and an explanation of the reasons for requesting the exemption;
new text end

new text begin (2) a statement from a physician that provides immunizations verifying that
the physician has reviewed with the parent or guardian, or the child if emancipated,
information about the risks and benefits of the vaccines that is consistent with information
published by the Centers for Disease Control and Prevention;
new text end

new text begin (3) an acknowledgement that the child may be prohibited from attending school or
the child care facility during an outbreak of the disease for which the child has not been
immunized; and
new text end

new text begin (4) the signature of the child's parent or legal guardian, or the child if emancipated.
new text end

new text begin The certificate of exemption must be forwarded by the school or child care facility to the
commissioner of health.
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.

new text begin (h) A person who has submitted a certificate of exemption under paragraph (d) prior
to entering grade 7 must renew the certificate, in the form and manner specified by the
commissioner of health, or meet the requirements of subdivision 1, in order to enroll
in grade 7.
new text end