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HF 4406

as introduced - 90th Legislature (2017 - 2018) Posted on 04/16/2018 02:19pm

KEY: stricken = removed, old language. underscored = added, new language.

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Current Version - as introduced

A bill for an act
relating to education; immunizations; removing a philosophical exemption from
immunizations;amending Minnesota Statutes 2016, section 121A.15, subdivisions
3, 8.

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

Section 1.

Minnesota Statutes 2016, 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 religious
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.

Sec. 2.

Minnesota Statutes 2016, section 121A.15, subdivision 8, is amended to read:


Subd. 8.

Report.

The administrator or other person having general control and supervision
of the elementary or secondary school shall file a report with the commissioner on all persons
enrolled in the school. The superintendent of each district shall file a report with the
commissioner for all persons within the district receiving instruction in a home school in
compliance with sections 120A.22 and 120A.24. The parent of persons receiving instruction
in a home school shall submit the statements as required by subdivisions 1, 2, 3, 4, and 12
to the superintendent of the district in which the person resides by October 1 of the first
year of their homeschooling in Minnesota and the grade 7 year. The school report must be
prepared on forms developed jointly by the commissioner of health and the commissioner
of education and be distributed to the local districts by the commissioner of health. The
school report must state the number of persons attending the school, the number of persons
who have not been immunized according to subdivision 1 or 2, and the number of persons
who received an exemption under subdivision 3, clause paragraph (c) or (d). The school
report must be filed with the commissioner of education within 60 days of the commencement
of each new school term. Upon request, a district must be given a 60-day extension for filing
the school report. The commissioner of education shall forward the report, or a copy thereof,
to the commissioner of health who shall provide summary reports to community health
boards as defined in section 145A.02, subdivision 5. The administrator or other person
having general control and supervision of the child care facility shall file a report with the
commissioner of human services on all persons enrolled in the child care facility. The child
care facility report must be prepared on forms developed jointly by the commissioner of
health and the commissioner of human services and be distributed to child care facilities
by the commissioner of health. The child care facility report must state the number of persons
enrolled in the facility, the number of persons with no immunizations, the number of persons
who received an exemption under subdivision 3, clause paragraph (c) or (d), and the number
of persons with partial or full immunization histories. The child care facility report must be
filed with the commissioner of human services by November 1 of each year. The
commissioner of human services shall forward the report, or a copy thereof, to the
commissioner of health who shall provide summary reports to community health boards as
defined in section 145A.02, subdivision 5. The report required by this subdivision is not
required of a family child care or group family child care facility, for prekindergarten
children enrolled in any elementary or secondary school provided services according to
sections 125A.03 and 125A.06, nor for child care facilities in which at least 75 percent of
children in the facility participate on a onetime only or occasional basis to a maximum of
45 hours per child, per month.

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