Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 215-H.F.No. 943 
           An act relating to health; requiring post-secondary 
          students to submit a statement of immunization; 
          providing exemptions; amending Minnesota Statutes 
          1988, section 123.70, subdivisions 1, 2, 4, 7, 8, 9, 
          and by adding a subdivision; proposing coding for new 
          law in Minnesota Statutes, chapter 135A. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 123.70, 
subdivision 1, is amended to read: 
    Subdivision 1.  Except as provided in subdivisions 3 and 4, 
no person over two months old may be allowed to enroll or remain 
enrolled in any elementary or secondary school or day care 
facility in this state until the person has submitted to the 
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 person has received 
immunization, consistent with medically acceptable standards, 
against red measles after having attained the age of 12 months, 
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 person has received 
immunizations against red measles after having attained the age 
of 12 months, rubella, and mumps and that the 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 1988, section 123.70, 
subdivision 2, is amended to read: 
    Subd. 2.  No 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 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 person has completed the primary 
schedule of immunizations for diphtheria, tetanus, pertussis, 
and polio 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 1988, section 123.70, 
subdivision 4, is amended to read: 
    Subd. 4.  A person who is enrolling or enrolled in an 
elementary or secondary school or day care facility 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 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 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. 4.  Minnesota Statutes 1988, 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 persons in attendance which 
contains that contain the information required by subdivisions 
1, 2, and 3.  The department of health and the board of health, 
as defined in section 145A.02, subdivision 2, in whose 
jurisdiction the school or day care facility is located, shall 
have access to the files maintained pursuant to this 
subdivision.  When a person transfers to another elementary or 
secondary school or day care facility, the administrator or 
other person having general control and supervision of the 
school or day care facility shall assist the person's parent or 
guardian in the transfer of the immunization file to the 
person's new school or day care facility within 30 days of the 
transfer.  Upon the request of a public or private 
post-secondary educational institution, as defined in section 8, 
the administrator or other person having general control or 
supervision of a school shall assist in the transfer of a 
student's immunization file to the post-secondary institution. 
    Sec. 5.  Minnesota Statutes 1988, section 123.70, 
subdivision 8, is amended to read: 
    Subd. 8.  The administrator or other person having general 
control and supervision of the elementary or secondary school 
shall file a report with the commissioner of education on all 
children persons enrolled in the school, except that the 
superintendent of each school district shall file a report with 
the commissioner of education for all persons within the 
district receiving instruction in a home school in compliance 
with sections 120.101 and 120.102.  The parent of persons 
receiving instruction in a home school shall submit the 
statements as required by subdivisions 1, 2, and 4 to the 
superintendent of the school district in which the person 
resides by October 1 of each school year.  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 persons attending the school, 
the number of children persons who have not been immunized 
according to subdivision 1 or 2, and the number of children 
persons 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 boards of health as 
defined in section 145A.02, subdivision 2.  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 persons 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 persons enrolled in the facility, the number 
of children persons with no immunizations, the number 
of children persons who received an exemption under subdivision 
3, clause (c) or (d), and the number of children persons 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 boards of health 
as defined in section 145A.02, subdivision 2.  The report 
required by this subdivision is not required of a family day 
care or group family day care facility.  
    Sec. 6.  Minnesota Statutes 1988, 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) "Elementary or secondary school" includes any public, 
private, or parochial schools school as defined in section 
120.05, or nonpublic school, church, or religious organization, 
or home school in which a child is provided instruction in 
compliance with sections 120.101 and 120.102. 
    (b) "Person enrolled in any elementary or secondary school" 
means a person enrolled in grades kindergarten through 12 and a 
handicapped child receiving special instruction and services as 
required in section 120.17, excluding a child being provided 
services according to section 120.17, subdivision 2, clause (c) 
or (g). 
    (c) "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) (d) "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. 7.  Minnesota Statutes 1988, section 123.70, is 
amended by adding a subdivision to read: 
    Subd. 10.  A statement required to be submitted under 
subdivisions 1, 2, and 4 to document evidence of immunization 
shall include month, day, and year for immunizations 
administered after January 1, 1990. 
    Sec. 8.  [135A.14] [STATEMENT OF IMMUNIZATION OF 
POST-SECONDARY STUDENTS.] 
    Subdivision 1.  [DEFINITIONS.] As used in this section, the 
following terms have the meanings given them.  
    (a) "Administrator" means the administrator of the 
institution or other person with general control and supervision 
of the institution. 
    (b) "Public or private post-secondary educational 
institution" or "institution" means any of the following 
institutions having an enrollment of more than 100 persons 
during any quarter, term, or semester during the preceding 
year:  (1) the University of Minnesota; (2) the state 
universities; (3) the state community colleges; (4) public 
technical institutes; (5) private four-year, professional and 
graduate institutions; (6) private two-year colleges; and (7) 
schools subject to either chapter 141, sections 136A.61 to 
136A.71, or schools exempt under section 136A.657, and which 
offer educational programs within the state for an academic year 
greater than six consecutive months.  An institution's report to 
the Minnesota higher education coordinating board or the 
Minnesota department of education may be considered when 
determining enrollment. 
    (c) "Student" means a person born after 1956 and who is (1) 
registering for more than one class during a full academic term, 
such as a quarter or a semester; or (2) housed on campus and is 
registering for one or more classes.  Student does not include 
persons enrolled in extension classes only or correspondence 
classes only. 
    Subd. 2.  [STATEMENT OF IMMUNIZATION REQUIRED.] Except as 
provided in subdivision 3, no student may remain enrolled in a 
public or private post-secondary educational institution unless 
the student has submitted to the administrator a statement that 
the student has received appropriate immunization against 
measles, rubella, and mumps after having attained the age of 12 
months, and against diphtheria and tetanus within ten years of 
first registration at the institution.  This statement must 
indicate the month and year of each immunization given.  Instead 
of submitting a statement, a student may provide an immunization 
record maintained by a school according to section 123.70, 
subdivision 7, or a school in another state if the required 
information is contained in the record. 
    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.  The 
institution shall forward this statement to the commissioner of 
health.  
    Subd. 4.  [IMMUNIZATION FILES REQUIRED.] The institution 
must maintain an immunization record within the student's file 
for all students governed by this section.  The immunization 
records may be inspected by the department of health and the 
local board of health in whose jurisdiction the institution is 
located.  
    Subd. 5.  [DEADLINE FOR SUBMITTING STATEMENT.] The 
institution shall require that the statement from the student, 
as required within subdivision 2 or 3, be submitted within 45 
days of commencement of the academic term for which the student 
has registered. 
    Sec. 9.  [EFFECTIVE DATE.] 
    Sections 1 to 3 and 5 are effective July 1, 1989.  Sections 
4, 6, and 8 are effective July 1, 1990.  Section 7 is effective 
January 1, 1990. 
    Presented to the governor May 19, 1989 
    Signed by the governor May 19, 1989, 11:40 p.m.