SF 1254

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; modifying immunization 
  1.3             requirements; amending Minnesota Statutes 2002, 
  1.4             sections 121A.15, subdivisions 3, 3a; 135A.14, 
  1.5             subdivision 3; proposing coding for new law in 
  1.6             Minnesota Statutes, chapter 245A.  
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 121A.15, 
  1.9   subdivision 3, is amended to read: 
  1.10     Subd. 3.  [EXEMPTIONS FROM IMMUNIZATIONS.] (a) If a person 
  1.11  is at least seven years old and has not been immunized against 
  1.12  pertussis, the person must not be required to be immunized 
  1.13  against pertussis. 
  1.14     (b) If a person is at least 18 years old and has not 
  1.15  completed a series of immunizations against poliomyelitis, the 
  1.16  person must not be required to be immunized against 
  1.17  poliomyelitis.  
  1.18     (c) If a statement, signed by a physician, is submitted to 
  1.19  the administrator or other person having general control and 
  1.20  supervision of the school or child care facility stating that an 
  1.21  immunization is contraindicated for medical reasons or that 
  1.22  laboratory confirmation of the presence of adequate immunity 
  1.23  exists, the immunization specified in the statement need not be 
  1.24  required.  
  1.25     (d) If a notarized statement signed by the minor child's 
  1.26  parent or guardian or by the emancipated person is submitted to 
  2.1   the administrator or other person having general control and 
  2.2   supervision of the school or child care facility stating that 
  2.3   the person has not been immunized as prescribed in subdivision 1 
  2.4   because of the conscientiously held beliefs of the parent or 
  2.5   guardian of the minor child or of the emancipated person, the 
  2.6   immunizations specified in the statement shall not be required.  
  2.7   This statement must also be forwarded to the commissioner of the 
  2.8   department of health.  
  2.9      (e) If the person is under 15 months, the person is not 
  2.10  required to be immunized against measles, rubella, or mumps. 
  2.11     (f) If a person is at least five years old and has not been 
  2.12  immunized against haemophilus influenza type b, the person is 
  2.13  not required to be immunized against haemophilus influenza type 
  2.14  b. 
  2.15     Sec. 2.  Minnesota Statutes 2002, section 121A.15, 
  2.16  subdivision 3a, is amended to read: 
  2.17     Subd. 3a.  [DISCLOSURES REQUIRED.] (a) This paragraph 
  2.18  applies to any written information about immunization 
  2.19  requirements for enrollment in a school or child care facility 
  2.20  that: 
  2.21     (1) is provided to a person to be immunized or enrolling or 
  2.22  enrolled in a school or child care facility, or to the person's 
  2.23  parent or guardian if the person is under 18 years of age and 
  2.24  not emancipated; and 
  2.25     (2) is provided by the department of health; the department 
  2.26  of children, families, and learning; the department of human 
  2.27  services; an immunization provider; or a school or child care 
  2.28  facility.  
  2.29  Such written information must describe the exemptions from 
  2.30  immunizations permitted under subdivision 3, paragraphs (c) and 
  2.31  (d).  The information on exemptions from immunizations provided 
  2.32  according to this paragraph must be in a font size at least 
  2.33  equal to the font size of the immunization requirements, in the 
  2.34  same font style as the immunization requirements, and on the 
  2.35  same page of the written document as the immunization 
  2.36  requirements. 
  3.1      (b) Before immunizing a person, an immunization provider 
  3.2   must provide the person, or the person's parent or guardian if 
  3.3   the person is under 18 years of age and not emancipated, with 
  3.4   the following information in writing:  
  3.5      (1) a list of the immunizations required for enrollment in 
  3.6   a school or child care facility; 
  3.7      (2) a statement informing the parent or guardian that the 
  3.8   immunizations specified are not required if contrary to the 
  3.9   parent's or guardian's conscientiously held beliefs and a 
  3.10  description of the exemptions from immunizations permitted under 
  3.11  subdivision 3, paragraphs (c) and (d); 
  3.12     (3) a list of additional immunizations currently 
  3.13  recommended by the commissioner; and 
  3.14     (4) in accordance with federal law, a copy of the vaccine 
  3.15  information sheet from the federal Department of Health and 
  3.16  Human Services that lists possible adverse reactions to the 
  3.17  immunization to be provided.  
  3.18  The provider must indicate on the patient's medical record the 
  3.19  date the information sheet was provided.  Failure to provide the 
  3.20  information required under this paragraph may be grounds for 
  3.21  disciplinary action by the health-related licensing board that 
  3.22  has regulatory authority for the provider.  
  3.23     (c) Before discharging a newborn, a hospital must provide 
  3.24  the mother or the guardian of the newborn with a copy of the 
  3.25  federal Department of Health and Human Services vaccine 
  3.26  information sheets that are applicable to the immunizations 
  3.27  included in the department of health immunization schedule for 
  3.28  school or child care.  The hospital must indicate on the 
  3.29  newborn's medical record the date the information sheets were 
  3.30  provided.  
  3.31     Sec. 3.  Minnesota Statutes 2002, section 135A.14, 
  3.32  subdivision 3, is amended to read: 
  3.33     Subd. 3.  [EXEMPTIONS FROM IMMUNIZATION.] (a) An 
  3.34  immunization listed in subdivision 2 is not required if the 
  3.35  student submits to the administrator a statement signed by a 
  3.36  physician that shows:  
  4.1      (1) that, for medical reasons, the student did not receive 
  4.2   an immunization; 
  4.3      (2) that the student has experienced the natural disease 
  4.4   against which the immunization protects; or 
  4.5      (3) that a laboratory has confirmed the presence of 
  4.6   adequate immunity. 
  4.7      (b) If the student submits a notarized statement that the 
  4.8   student has not been immunized as required in subdivision 2 
  4.9   because of the student's conscientiously held beliefs, the 
  4.10  immunizations described in subdivision 2 are not required.  The 
  4.11  institution shall forward this statement to the commissioner of 
  4.12  health. 
  4.13     Sec. 4.  [245A.141] [NOTICE TO FAMILY DAY CARE, GROUP 
  4.14  FAMILY DAY CARE, AND CHILD CARE CENTERS.] 
  4.15     The commissioner, in consultation with the commissioner of 
  4.16  health, shall develop a notice to apprise child care providers, 
  4.17  which includes family day care, group family day care, and child 
  4.18  care centers, of the possible adverse symptoms and possible side 
  4.19  effects following routine child immunizations.  The notice must 
  4.20  be made available on the department of human services Internet 
  4.21  Web site and must be updated when necessary.