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SF 380

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/24/2015 08:24am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health; modifying exemption procedures related to immunizations;
amending Minnesota Statutes 2014, section 121A.15, subdivision 3.

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

Section 1.

Minnesota Statutes 2014, 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, upon the
submission to the administrator or other person having general control and supervision of
the school, school-based early childhood program as defined by Minnesota Rules, part
4604.0200, or child care facility of a certificate of exemption, using a form developed by
the commissioner of health. The certificate may be completed on paper or produced
by entry in the Minnesota Immunization Information Connection. 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 their 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;
new text end

new text begin (2) a statement from a health care provider, including a licensed physician, licensed
physician assistant, or advanced practice registered nurse, as defined in section 148.171,
subdivision 3, who provides immunizations, containing the health care provider's name,
address, and phone number, and verifying that:
new text end

new text begin (i) the health care provider has entered into the child's medical record a statement
written by the parent or guardian, or by the child if emancipated, which explains the
reasons for requesting the exemption; and
new text end

new text begin (ii) the health care provider 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; and
new text end

new text begin (3) an acknowledgement that the child may be prohibited from attending school,
school-based early childhood programs as defined by Minnesota Rules, part 4604.0200,
or the child care facility during an outbreak of the disease for which the child has not
been immunized.
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) prior
to 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, whenever a new
immunization requirement applies to the person, including in order to enroll in grade 7.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016.
new text end