HF 887

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; requiring certain information 
  1.3             related to immunizations to be provided; modifying 
  1.4             record keeping requirements; amending Minnesota 
  1.5             Statutes 2002, section 121A.15, subdivision 3a.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 121A.15, 
  1.8   subdivision 3a, is amended to read: 
  1.9      Subd. 3a.  [DISCLOSURES REQUIRED.] (a) This paragraph 
  1.10  applies to any written information about immunization 
  1.11  requirements for enrollment in a school or child care facility 
  1.12  that: 
  1.13     (1) is provided to a person to be immunized or enrolling or 
  1.14  enrolled in a school or child care facility, or to the person's 
  1.15  parent or guardian if the person is under 18 years of age and 
  1.16  not emancipated; and 
  1.17     (2) is provided by the department of health; the department 
  1.18  of children, families, and learning; the department of human 
  1.19  services; an immunization provider; or a school or child care 
  1.20  facility.  
  1.21  Such written information must describe the exemptions from 
  1.22  immunizations permitted under subdivision 3, paragraphs (c) and 
  1.23  (d).  The information on exemptions from immunizations provided 
  1.24  according to this paragraph must be in a font size at least 
  1.25  equal to the font size of the immunization requirements, in the 
  2.1   same font style as the immunization requirements, and on the 
  2.2   same page of the written document as the immunization 
  2.3   requirements.  Additional information shall be provided that 
  2.4   reads as follows: 
  2.5      "Vaccine Safety Checklist Before Vaccinations. 
  2.6      Sometimes a child should wait before getting certain 
  2.7   vaccines, or should not get them at all.  If any of these apply 
  2.8   to your child on a day when an immunization visit is scheduled, 
  2.9   caution should be applied before proceeding.  It may be 
  2.10  important to not vaccinate your child on that day.  Contact your 
  2.11  nurse or doctor. 
  2.12     Is your child moderately or seriously sick today (more than 
  2.13  a common cold, etc.)?  If so, apply caution. 
  2.14     Does your child have any serious or life-threatening 
  2.15  allergies?  If so, apply caution. 
  2.16     Has your child ever had a severe reaction after a 
  2.17  vaccination?  If so, apply caution. 
  2.18     Does your child have a personal history of a weakened 
  2.19  immune system (because of diseases such as cancer or medications 
  2.20  such as steroids)?  If so, apply caution. 
  2.21     Do you have an immediate family member with an infectious 
  2.22  disease or a weakened immune system?  If so, apply caution. 
  2.23     Has your child gotten a transfusion or any other blood 
  2.24  product recently?  If so, apply caution. 
  2.25     Has your child ever had convulsions or any kind of nervous 
  2.26  system problem?  If so, apply caution. 
  2.27     Does your child not seem to be developing normally?  If so, 
  2.28  apply caution. 
  2.29     If your child has had a fever of 105 degrees or greater 
  2.30  within two days of a vaccine or a seizure within three days of a 
  2.31  vaccine or experienced persistent, inconsolable crying (lasting 
  2.32  more than three hours) after a vaccine, you should consult your 
  2.33  physician before getting another dose of the vaccine. 
  2.34     Notice:  Some vaccines should not be given to a person with 
  2.35  specific drug or substance allergies such as baker's yeast, 
  2.36  gelatin, eggs, antibiotics, neomycin, streptomycin, or polymyxin 
  3.1   B.  Consult with your doctor to see if the specific allergy 
  3.2   applies to the vaccine being considered. 
  3.3      Notice:  Vaccines containing mercury (thimerosal) pose a 
  3.4   risk of harm to recipients.  Request a thimerosal free vaccine 
  3.5   whenever possible. 
  3.6      Notice:  Vaccine doses containing multiple vaccines can, in 
  3.7   some cases, be given in single units or separately.  Consult 
  3.8   your doctor." 
  3.9      (b) Before immunizing a person, an immunization provider 
  3.10  must provide the person, or the person's parent or guardian if 
  3.11  the person is under 18 years of age and not emancipated, with 
  3.12  the following information in writing:  
  3.13     (1) a list of the immunizations required for enrollment in 
  3.14  a school or child care facility; 
  3.15     (2) a description of the exemptions from immunizations 
  3.16  permitted under subdivision 3, paragraphs (c) and (d); 
  3.17     (3) a list of additional immunizations currently 
  3.18  recommended by the commissioner; and 
  3.19     (4) in accordance with federal law, a copy of the vaccine 
  3.20  information sheet from the federal Department of Health and 
  3.21  Human Services that lists possible adverse reactions to the 
  3.22  immunization to be provided.  The materials must be made 
  3.23  available in the foreign languages most common to the patients 
  3.24  served by the immunization provider when available from the 
  3.25  federal Department of Health and Human Services and must be 
  3.26  supplemented with visual presentations or oral explanations, as 
  3.27  appropriate.  Before a vaccine is administered, the person or 
  3.28  the person's parent or guardian must be given reasonable time to 
  3.29  read and understand the materials.  If there is not a single 
  3.30  vaccine information sheet for a combination vaccine, the vaccine 
  3.31  information sheets for both component vaccines must be provided. 
  3.32     (c) Before discharging a mother of a newborn or a newborn, 
  3.33  a hospital must provide the mother or the guardian of the 
  3.34  newborn with a copy to keep of the federal Department of Health 
  3.35  and Human Services vaccine information sheets that are 
  3.36  applicable to the immunizations included in the department of 
  4.1   health immunization schedule for school or child care and a copy 
  4.2   of the vaccine safety checklist found in paragraph (a).  The 
  4.3   materials must be made available in the foreign languages most 
  4.4   common to the patients served by the hospital when available 
  4.5   from the federal Department of Health and Human Services and 
  4.6   must be supplemented with visual presentations or oral 
  4.7   explanations, as appropriate.  
  4.8      (d) Before administering a vaccine to a newborn in a 
  4.9   hospital, the hospital must provide the mother or the guardian 
  4.10  of the newborn with a copy of the federal Department of Health 
  4.11  and Human Services vaccine information sheet for the vaccine 
  4.12  administered.  Before a vaccine is administered, the parent or 
  4.13  guardian must be given reasonable time to read and understand 
  4.14  the materials.  If there is not a single vaccine information 
  4.15  sheet for a combination vaccine, the vaccine information sheets 
  4.16  for both component vaccines must be provided.  
  4.17     (e) Immunization providers and hospitals shall make a 
  4.18  notation in each patient's permanent medical record at the time 
  4.19  vaccine information statements are provided under paragraphs 
  4.20  (b), clause (4), and (c), indicating:  (1) the edition date of 
  4.21  the materials distributed; (2) the date and time these materials 
  4.22  were provided; and (3) the date and time any vaccination is 
  4.23  given.  This record keeping requirement supplements the 
  4.24  requirement of United States Code, title 42, section 300aa-25, 
  4.25  that all health care providers administering vaccines must 
  4.26  record in the patient's permanent medical record, or in a 
  4.27  permanent office log, the name, address, and title of the 
  4.28  individual who administers the vaccine, the date of 
  4.29  administration, the vaccine manufacturer, and the lot number of 
  4.30  the vaccine used.