SF 3367

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 05/07/2018 02:10pm

A bill for an act
relating to public safety; requiring employees of hotels and motels to receive
training on identifying activities associated with sex trafficking; clarifying
immunization record requirements; requiring the commissioner of health to draft
legislation establishing a statewide autism registry program; amending Minnesota
Statutes 2016, sections 121A.15, subdivisions 3, 3a, 12, by adding a subdivision;
135A.14, subdivision 3; proposing coding for new law in Minnesota Statutes,
chapter 157; repealing Minnesota Rules, part 4604.0400.

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 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. deleted text begin This statement must also be forwarded to
the commissioner of the Department of health.
deleted 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.

Sec. 2.

Minnesota Statutes 2016, section 121A.15, subdivision 3a, is amended to read:

Subd. 3a.

Disclosures required.

(a) This paragraph applies to any written information
about immunization requirements for enrollment in a school or child care facility that:

(1) is provided to a person to be immunized or enrolling or enrolled in a school or child
care facility, or to the person's parent or guardian if the person is under 18 years of age and
not emancipated; and

(2) is provided by the Department of Health; the Department of Education; the
Department of Human Services; an immunization provider; or a school or child care facility.

Such deleted text begin written deleted text end information must describe the exemptions from immunizations permitted under
subdivision 3, paragraphs (c) and (d). deleted text begin The deleted text end new text begin Any written new text end information on exemptions from
immunizations provided according to this paragraph must be in a font size at least equal to
the font size of the immunization requirements, in the same font style as the immunization
requirements, and on the same page of the written document as the immunization
requirements.

(b) Before immunizing a person, an immunization provider must provide the person, or
the person's parent or guardian if the person is under 18 years of age and not emancipated,
with the following information in writing:

(1) a list of the immunizations required for enrollment in a school or child care facility;

(2) a description of the exemptions from immunizations permitted under subdivision 3,
paragraphs (c) and (d);

(3) a list of additional immunizations currently recommended by the commissioner new text begin of
health new text end ; and

(4) in accordance with federal law, a copy of the vaccine information sheet from the
federal Department of Health and Human Services that lists possible adverse reactions to
the immunization to be provided.

(c) The commissioner will continue the educational campaign to providers and hospitals
on vaccine safety including, but not limited to, information on the vaccine adverse events
reporting system (VAERS), the federal vaccine information statements (VIS), and medical
precautions and contraindications to immunizations.

(d) The commissioner will encourage providers to provide the vaccine information
statements at multiple visits and in anticipation of subsequent immunizations.

(e) The commissioner will encourage providers to use existing screening for immunization
precautions and contraindication materials and make proper use of the vaccine adverse
events reporting system (VAERS).

(f) In consultation with groups and people identified in subdivision 12, paragraph (a),
clause (1), the commissioner will continue to develop and make available patient education
materials on immunizations including, but not limited to, contraindications and precautions
regarding vaccines.

deleted text begin (g) The commissioner will encourage health care providers to use thimerosal-free vaccines
when available.
deleted text end

Sec. 3.

Minnesota Statutes 2016, section 121A.15, is amended by adding a subdivision to
read:

new text begin Subd. 3b. new text end

new text begin Immunization documentation record. new text end

new text begin (a) The commissioner of health shall
develop an official record form to document a person's immunization history. The form
must request information regarding immunization requirements and exemption procedures,
and must include statements for documenting medical and conscientious exemptions. The
form must be used by child care facilities and elementary and secondary schools when
communicating to parents or guardians regarding immunization requirements and exemption
procedures.
new text end

new text begin (b) Notwithstanding paragraph (a), a child care facility or an elementary or secondary
school may create a similar document to use to communicate with parents or guardians if
the document is approved by the commissioner of health.
new text end

new text begin (c) Nothing in this subdivision limits a facility or school from sending other information
to parents or guardians that is related to immunizations so long as the information complies
with this section.
new text end

Sec. 4.

Minnesota Statutes 2016, section 121A.15, subdivision 12, is amended to read:

Subd. 12.

Modifications to schedule.

(a) The commissioner of health may adopt
modifications to the immunization requirements of this section. A proposed modification
made under this subdivision must be part of the current immunization recommendations of
each of the following organizations: the United States Public Health Service's Advisory
Committee on Immunization Practices, the American Academy of Family Physicians, and
the American Academy of Pediatrics.

new text begin (b) new text end In proposing a modification to the immunization schedule, the commissioner must:

(1) consult with deleted text begin (i) deleted text end the commissioner of education; the commissioner of human services;
the chancellor of the Minnesota State Colleges and Universities; and the president of the
University of Minnesota; deleted text begin and (ii)
deleted text end

new text begin (2) consult with new text end the Minnesota Natural Health Coalition, Vaccine Awareness Minnesota deleted text begin ,
Biological Education for Autism Treatment (BEAT), deleted text end new text begin ; Vaccine Safety Council of Minnesota;
Minnesota Childhood Immunization Coalition; new text end the Minnesota Academy of Family Physicians,
the American Academy of Pediatrics-Minnesota Chapter, and the Minnesota Nurses
Association; and

deleted text begin (2) deleted text end new text begin (3) new text end consider the following criteria: the epidemiology of the disease, the morbidity
and mortality rates for the disease, the safety and efficacy of the vaccine, the cost of a
vaccination program, the cost of enforcing vaccination requirements, and a cost-benefit
analysis of the vaccination.

deleted text begin (b) deleted text end new text begin (c) new text end Before a proposed modification may be adopted, the commissioner must notify
the chairs of the house of representatives and senate committees with jurisdiction over health
policy issues. If the chairs of the relevant standing committees determine a public hearing
regarding the proposed modifications is in order, the hearing must be scheduled within 60
days of receiving notice from the commissioner. If a hearing is scheduled, the commissioner
may not adopt any proposed modifications until after the hearing is held.

deleted text begin (c) deleted text end new text begin (d) new text end The commissioner shall comply with the requirements of chapter 14 regarding
the adoption of any proposed modifications to the immunization schedule.

deleted text begin (d) deleted text end new text begin (e) new text end In addition to the publication requirements of chapter 14, the commissioner of
health must inform all immunization providers of any adopted modifications to the
immunization schedule in a timely manner.

Sec. 5.

Minnesota Statutes 2016, section 135A.14, subdivision 3, is amended to read:

Subd. 3.

Exemptions from immunization.

(a) An immunization listed in subdivision
2 is not required if the student submits to the administrator a statement signed by a physician
that shows:

(1) that, for medical reasons, the student did not receive an immunization;

(2) that the student has experienced the natural disease against which the immunization
protects; or

(3) that a laboratory has confirmed the presence of adequate immunity.

(b) If the student submits a notarized statement that the student has not been immunized
as required in subdivision 2 because of the student's conscientiously held beliefs, the
immunizations described in subdivision 2 are not required. deleted text begin The institution shall forward
this statement to the commissioner of health.
deleted text end

Sec. 6.

new text begin [157.177] SEX TRAFFICKING PREVENTION TRAINING.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin "Sex trafficking" has the meaning given in section 609.321,
subdivision 7a.
new text end

new text begin Subd. 2. new text end

new text begin Prevention training required. new text end

new text begin (a) Every person, firm, or corporation that
operates a hotel or motel in Minnesota shall ensure that all employees who work on site,
including the owner, operator, and manager, receive the training described in paragraph (c)
by December 1, 2018, or within 90 days from the date the employee begins employment,
and annually thereafter. The operator of the hotel and motel shall annually certify in each
employee's personnel file that the employee has received the required training that is approved
by the commissioner.
new text end

new text begin (b) In addition to the training required under paragraph (a), the operator of each hotel
and motel shall conduct an ongoing awareness campaign for employees on the activities
commonly associated with sex trafficking victim identification resources, and effective
responses for hotels and motels.
new text end

new text begin (c) The commissioner shall, in consultation with the state hotel and lodging association,
approve an educational training program that focuses on the accurate and prompt
identification, reporting, and response of suspected sex trafficking. The training program
must include at a minimum:
new text end

new text begin (1) awareness of sex trafficking;
new text end

new text begin (2) recognition of potential victims of sex trafficking;
new text end

new text begin (3) activities commonly associated with sex trafficking; and
new text end

new text begin (4) effective responses to sex trafficking situations, including reporting to proper law
enforcement officials.
new text end

new text begin (d) Any cost incurred for the training program shall be the responsibility of the licensee.
new text end

Sec. 7. new text begin AUTISM REGISTRY LEGISLATIVE PROPOSAL.
new text end

new text begin (a) The commissioner of health, in collaboration with the commissioner of human
services, and in consultation with stakeholders, shall draft legislation to establish a statewide
autism registry program with the purpose of estimating the prevalence, monitoring trends,
and identifying risk factors impacting the rate of Autism Spectrum Disorder (ASD) among
children under age eight.
new text end

new text begin (b) The commissioner shall submit draft legislation required under this section to the
chairs and ranking minority members of legislative committees with jurisdiction over health
and human services and data practice by February 1, 2019.
new text end

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Rules, part 4604.0400, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Rule: S3367-1

4604.0400 IMMUNIZATION DOCUMENTATION RECORD.

To document a person's immunization history as required under parts 4604.0100to 4604.1000 and Minnesota Statutes, section 121A.15, all child care facilities and elementary and secondary schools must use the Department of Health's official record form or a similar document approved by the commissioner of health when communicating to parents or guardians regarding immunization requirements and exemption procedures. The record form requests information about immunizations and includes statements for documenting medical or conscientious exemptions. Nothing in this part limits a facility or school from sending other information to parents or guardians that is related to immunizations and is in compliance with law.