Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 430-H.F.No. 2083 
           An act relating to health; making technical 
          modifications of the immunization law; amending 
          Minnesota Statutes 1986, section 123.70, subdivisions 
          1, 2, 3, 4, 5, 7, 8, and 9.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 123.70, 
subdivision 1, is amended to read:  
    Subdivision 1.  Except as provided in subdivisions 3 and 4, 
no child shall person over two months old may be allowed to 
enroll or remain enrolled in any elementary or secondary school 
or day care facility school in this state until the child person 
has submitted to the principal administrator or other person 
having general control and supervision of the school or day care 
facility, one of the following statements: 
    (1) a statement from a physician or a public clinic which 
provides immunizations stating that the child person has 
received immunization against red measles after having attained 
the age of 11 months, 15 days 12 months, German measles or 
rubella, diphtheria, tetanus, pertussis, polio and mumps and 
which indicates the month, day, and year of each immunization 
received; or, 
    (2) a statement from a physician or a public clinic which 
provides immunizations stating that the child person has 
received immunizations against red measles after having attained 
the age of 11 months, 15 days 12 months, German measles or 
rubella, mumps and that the child person has commenced a 
schedule of immunizations for diphtheria, tetanus, pertussis and 
polio and which indicates the month, day, and year of each 
immunization received.  
    Sec. 2.  Minnesota Statutes 1986, section 123.70, 
subdivision 2, is amended to read:  
    Subd. 2.  No child person who has commenced a treatment 
schedule of immunization pursuant to subdivision 1, clause (2), 
may remain enrolled in any day care facility, elementary, or 
secondary school in this state after 18 months of enrollment 
unless there is submitted to the principal administrator, or 
other person having general control and supervision of the 
school or day care facility, a statement from a physician or a 
public clinic which provides immunizations that the child person 
has completed the primary schedule of immunizations for 
diphtheria, tetanus, pertussis, and polio or has commenced a 
schedule of the immunizations, in which case the dates of the 
immunizations shall be stated and in which the month, day, and 
year of each additional immunization received is included.  For 
a child less than seven years of age, a primary schedule of 
immunizations shall consist of four doses of vaccine for 
diphtheria, tetanus, and pertussis and three doses of vaccine 
for poliomyelitis.  For a child seven years of age or older, a 
primary schedule of immunizations shall consist of three doses 
of vaccine for diphtheria, tetanus, pertussis, and polio. 
    Sec. 3.  Minnesota Statutes 1986, section 123.70, 
subdivision 3, is amended to read:  
    Subd. 3.  (a) If a child person is at least seven years old 
and has not been immunized against pertussis or mumps, the child 
shall person must not be required to be immunized against 
pertussis or mumps. 
    (b) If a child is female and is at least 12 years old and 
has not been immunized against rubella, the child shall not be 
required to be immunized against rubella.  If a person is at 
least eighteen 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 principal administrator or other person having general 
control and supervision of the school or day 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 shall 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 principal administrator or other person having general 
control and supervision of the school or day care facility 
stating that the child 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 shall must also be 
forwarded to the commissioner of the department of health.  
     (e) If the child person is under 15 months, the child 
person is not required to be immunized against red 
measles, German measles, rubella, or mumps.  
    Sec. 4.  Minnesota Statutes 1986, section 123.70, 
subdivision 4, is amended to read:  
    Subd. 4.  A child person who is enrolling or enrolled in a 
public, private or parochial an elementary or secondary school 
or day care facility school may substitute a statement from the 
emancipated person or a parent or guardian if the person is a 
minor child in lieu of the statement from a physician or public 
clinic which provides immunizations.  If the statement is from a 
parent or guardian or emancipated person, the statement shall 
indicate the month, day, and year of each immunization given.  
In order for the statement to be acceptable for a person who is 
six years of age or younger, enrolling in an elementary school 
or day care facility, it must indicate that the following was 
given:  no less than one dose of vaccine each for measles, 
mumps, and rubella given separately or in combination, and no 
less than three four doses of vaccine for poliomyelitis, unless 
the third dose was given after the fourth birthday, then three 
doses are minimum, and no less than four five doses of vaccine 
for diphtheria, tetanus, and pertussis, unless the fourth dose 
was given after the fourth birthday, then four are minimum.  In 
order for the statement to be acceptable for a person who is 
seven years of age or older, enrolling in an elementary or 
secondary school, the statement must indicate no less than one 
dose of vaccine each for measles, mumps, and rubella given 
separately or in combination, and no less than three doses of 
vaccine for poliomyelitis, diphtheria, and tetanus.  The 
commissioner of health, on finding that any of the above 
requirements are not necessary to protect the public's health, 
may suspend for one year that requirement.  
    Sec. 5.  Minnesota Statutes 1986, section 123.70, 
subdivision 5, is amended to read:  
    Subd. 5.  If a child person transfers from one elementary 
or secondary school to another, the child person shall be 
allowed 30 days to submit one or more of the statements as 
specified in subdivision 1 or 3, during which time the child 
person may enroll in and attend the school.  
    Sec. 6.  Minnesota Statutes 1986, section 123.70, 
subdivision 7, is amended to read:  
    Subd. 7.  Each school or day care facility shall maintain 
on file immunization records for all children persons in 
attendance which contains the information required by 
subdivisions 1, 2 and 3.  The department of health and the local 
board of health in whose jurisdiction the district school or day 
care facility is located shall have access to the files 
maintained pursuant to this subdivision.  When a child person 
transfers to another elementary or secondary school or day care 
facility, the school official administrator or other person 
having general control and supervision of the school or day care 
facility shall assist the child's person's parent or guardian in 
the transfer of the immunization file to the child's person's 
new school or day care facility within 30 days of the transfer.  
    Sec. 7.  Minnesota Statutes 1986, section 123.70, 
subdivision 8, is amended to read:  
    Subd. 8.  The principal administrator or other person 
having general control and supervision of a the elementary or 
secondary school shall file a report with the commissioner of 
education on all children enrolled in kindergarten through 12th 
grade the school.  The school report shall be prepared on forms 
developed jointly by the commissioner of health and the 
commissioner of education and be distributed to the local school 
districts by the commissioner of health and shall state the 
number of children attending the school, the number of children 
who have not been immunized according to subdivision 1 or 2, and 
the number of children who received an exemption under 
subdivision 3, clause (c) or (d).  The school report shall be 
filed with the commissioner of education within 60 days of the 
commencement of each new school term.  The commissioner of 
education shall forward the report, or a copy thereof, to the 
commissioner of health who shall provide summary reports to 
local boards of health.  The administrator or other person 
having general control and supervision of the day care facility 
shall file a report with the commissioner of human services on 
all children enrolled in the day care facility.  The day 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 day care facilities by the 
commissioner of health and must state the number of children 
enrolled in the facility, the number of children with no 
immunizations, the number of children who received an exemption 
under subdivision 3, clause (c) or (d), and the number of 
children with partial or full immunization histories.  The day 
care facility report shall 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 
local boards of health.  The report required by this subdivision 
shall is not be required of any a family day care or group 
family day care facility.  
    Sec. 8.  Minnesota Statutes 1986, section 123.70, 
subdivision 9, is amended to read:  
    Subd. 9.  As used in this section the following terms have 
the meanings given them. 
    (a) "any Elementary or secondary school" means any 
includes public, private, or parochial elementary or secondary 
school or day care facility schools. 
     (b) "Family day care" means day 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. 
    (c) "Group family day care" means day 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. 
    Sec. 9.  [EFFECTIVE DATE.] 
    Sections 1 to 8 are effective January 1, 1989. 
    Approved March 30, 1988