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SF 3814

as introduced - 91st Legislature (2019 - 2020) Posted on 03/05/2020 09:42am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to education; providing for an exemption from statutory immunization
requirements for a sincerely held religious belief; amending Minnesota Statutes
2018, section 121A.15, subdivisions 3, 3a, 8.

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

Section 1.

Minnesota Statutes 2018, 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. This statement must also be forwarded to
the commissioner of deleted text beginthe Department ofdeleted text end health.

(e) new text beginIf a 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 a genuine and sincerely held religious belief of
the parent or guardian of the minor child or the emancipated person, the immunizations
specified in the statement shall not be required. This statement must also be forwarded to
the commissioner of health.
new text end

new text begin (f) new text endIf the person is under 15 months, the person is not required to be immunized against
measles, rubella, or mumps.

deleted text begin (f)deleted text endnew text begin (g)new text end 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.

deleted text begin (g)deleted text endnew text begin (h)new text end 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 2018, 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 written information must describe the exemptions from immunizations permitted under
subdivision 3, paragraphs (c) deleted text beginanddeleted text endnew text begin,new text end (d)new text begin, and (e)new text end. The 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) deleted text beginanddeleted text endnew text begin,new text end (d)new text begin, and (e)new text end;

(3) a list of additional immunizations currently recommended by the commissioner; 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.

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

Sec. 3.

Minnesota Statutes 2018, section 121A.15, subdivision 8, is amended to read:


Subd. 8.

Report.

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, deleted text beginclausedeleted text endnew text begin paragraphnew text end (c) deleted text beginordeleted text endnew text begin,new text end (d)new text begin, or (e)new text end. 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 community health boards as defined in section 145A.02, subdivision 5. 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, deleted text beginclausedeleted text endnew text begin paragraphnew text end
(c) deleted text beginordeleted text endnew text begin,new text end (d)new text begin, or (e)new text end, 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 community
health boards as defined in section 145A.02, subdivision 5. 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.