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Minnesota Legislature

Office of the Revisor of Statutes

SF 143

as introduced - 90th Legislature (2017 - 2018) Posted on 01/18/2017 08:41am

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

Current Version - as introduced

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A bill for an act
relating to health; modifying exemption procedures related to immunizations;
amending Minnesota Statutes 2016, section 121A.15, subdivision 3.

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) 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 after submitting a certificate of
exemption to the administrator or other person having general control and supervision of
the school or child care facility 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 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 acknowledgment 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) before
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