HF 3239

as introduced - 94th Legislature (2025 - 2026) Posted on 04/24/2025 10:23am

A bill for an act
relating to health; prohibiting the use of an exemption to immunization due to
conscientiously held beliefs for immunization against measles, mumps, and rubella;
amending Minnesota Statutes 2024, section 121A.15, subdivisions 3, 9, by adding
a subdivision.

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

Section 1.

Minnesota Statutes 2024, 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 the Department of Health. This paragraph does not apply to new text begin :
new text end

new text begin (1) new text end a child enrolling or enrolled in a child care center or family child care program that
adopts a policy under subdivision 3b deleted text begin . deleted text end new text begin ; or
new text end

new text begin (2) effective August 1, 2026, a person enrolling or enrolled in a child care facility,
certified license-exempt child care center, preschool, prekindergarten program, or elementary
or secondary school for immunization against measles, mumps, and rubella.
new text end

(e) If the person is under 15 months, the person is not required to be immunized against
measles, deleted text begin rubella, or deleted text end mumps new text begin , and rubella new text end .

(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 2024, section 121A.15, is amended by adding a subdivision to
read:

new text begin Subd. 3c. new text end

new text begin Immunization against measles, mumps, and rubella. new text end

new text begin Effective August 1,
2026, the parent or guardian of a person 15 months of age or older who submitted a statement
under subdivision 3, paragraph (d), prior to August 1, 2026, stating that the person has not
been immunized against measles, mumps, and rubella must submit one of the following to
the administrator or person having general control and supervision of a child care facility,
certified license-exempt child care center, preschool, prekindergarten program, or elementary
or secondary school in order for the person to enroll or remain enrolled in the facility, center,
preschool, program, or school:
new text end

new text begin (1) documentation that the person has received immunization against measles, mumps,
and rubella consistent with medically accepted standards; or
new text end

new text begin (2) a statement of exemption under subdivision 3, paragraph (c).
new text end

Sec. 3.

Minnesota Statutes 2024, section 121A.15, subdivision 9, is amended to read:

Subd. 9.

Definitions.

new text begin (a) new text end As used in this section the following terms have the meanings
given them.

deleted text begin (a) deleted text end new text begin (b) new text end "Elementary or secondary school" includes any public school as defined in section
120A.05, subdivisions 9, 11, 13, and 17, or nonpublic school, church, or religious
organization, or home school in which a child is provided instruction in compliance with
sections 120A.22 and 120A.24.

deleted text begin (b) deleted text end new text begin (c) new text end "Person enrolled in any elementary or secondary school" means a person born
after 1956 and enrolled in grades kindergarten through 12, and a child with a disability
receiving special instruction and services as required in sections 125A.03 to 125A.24 and
125A.65, excluding a child being provided services at the home or bedside of the child or
in other states.

deleted text begin (c) deleted text end new text begin (d) new text end "Child care facility" includes those child care programs subject to licensure under
chapter 142B, and Minnesota Rules, chapters 9502 and 9503.

deleted text begin (d) deleted text end new text begin (e) new text end "Family child care" means child care for no more than ten children at one time
of which no more than six are under school age. The licensed capacity must include all
children of any caregiver when the children are present in the residence.

deleted text begin (e) deleted text end new text begin (f) new text end "Group family child care" means child care for no more than 14 children at any
one time. The total number of children includes all children of any caregiver when the
children are present in the residence.

new text begin (g) "Certified license-exempt child care center" has the meaning given in section 142C.01,
subdivision 6.
new text end

new text begin (h) "Prekindergarten" has the meaning given in section 120A.05, subdivision 11a.
new text end