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HF 1897

as introduced - 87th Legislature (2011 - 2012) Posted on 01/24/2012 10:48am

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

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A bill for an act
relating to health; changing requirements for immunizations for school children;
amending Minnesota Statutes 2010, section 121A.15, subdivision 3; Minnesota
Statutes 2011 Supplement, section 121A.15, subdivision 8.

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

Section 1.

Minnesota Statutes 2010, 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 and dated 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.

(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 influenza type b, the person is not required to be immunized against
haemophilus influenza 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 2011 Supplement, section 121A.15, subdivision 8, is
amended to read:


Subd. 8.

Report.

(a) 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 (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 boards of health as defined in section 145A.02, subdivision 2. 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 (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
boards of health as defined in section 145A.02, subdivision 2. 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.

(b) Parents must be given written notice on how the commissioners of education and
health will use the data collected on their child under this section.

Sec. 3. NORAH'S LAW.

This act shall be known as Norah's Law.

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