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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1991 

                         CHAPTER 30-S.F.No. 583 
           An act relating to health; clarifying requirements for 
          vaccination of children for certain illnesses; 
          amending Minnesota Statutes 1990, sections 123.70, 
          subdivisions 1, 2, 3, 4, 5, 7, 8, 9, 10, and by adding 
          a subdivision; and 151.37, by adding a subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, 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 child 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 child 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 and 
with the provisions of subdivision 10, against red measles after 
having attained the age of 12 months, rubella, diphtheria, 
tetanus, pertussis, polio, and mumps, and haemophilus influenza 
type b; or 
    (2) a statement from a physician or a public clinic which 
provides immunizations stating that the person has received 
immunizations, consistent with medically acceptable standards 
and with the provisions of subdivision 10, against red measles 
after having attained the age of 12 months, rubella, and mumps, 
and haemophilus influenza type b and that the person has 
commenced a schedule of immunizations for diphtheria, tetanus, 
pertussis, and polio and which indicates the month and year of 
each immunization received.  
    Sec. 2.  Minnesota Statutes 1990, 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 child 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 
child 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 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, and polio. 
    Sec. 3.  Minnesota Statutes 1990, section 123.70, 
subdivision 3, is amended to read: 
    Subd. 3.  (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 day 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 day 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.  
    (e) If the person is under 15 months, the person is not 
required to be immunized against red measles, rubella, or mumps. 
    (f) If a person is at least five years old and has not been 
immunized against haemophilus influenza type b, the person is 
not required to be immunized against haemophilus influenza type 
b. 
    Sec. 4.  Minnesota Statutes 1990, 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 child 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 and 
year of each immunization given.  In order for the statement to 
be acceptable for a person who is enrolling in an elementary 
school and 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 enrolling in an elementary or secondary school and 
is seven years of age or older age seven through age 
19, enrolling in an elementary or secondary school, the 
statement must indicate that the person has received no less 
than one dose of vaccine each for measles, mumps, and rubella 
given separately or in combination and consistent with 
subdivision 10, and no less than three doses of vaccine for 
poliomyelitis, diphtheria, and tetanus.  
    In order for the statement to be acceptable for a person 
who is enrolling in a secondary school, and who was born after 
1956 and is 20 years of age or older, the statement must 
indicate that the person has received no less than one dose of 
vaccine each for measles, mumps, and rubella given separately or 
in combination, and no less than one dose of vaccine for 
diphtheria and tetanus within the preceding ten years.  In order 
for the statement to be acceptable for a person who is enrolling 
in a child care facility and who is at least 15 months old but 
who has not reached five years of age, it must indicate that the 
following were given:  no less than one dose of vaccine each for 
measles, mumps, and rubella given separately or in combination; 
no less than one dose of vaccine for haemophilus influenza type 
b; no less than four doses of vaccine for diphtheria, tetanus, 
and pertussis; and no less than three doses of vaccine for 
poliomyelitis.  In order for the statement to be acceptable for 
a person who is enrolling in a child care facility and who is 
five or six years of age, 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, no less 
than four doses of vaccine for diphtheria, tetanus, and 
pertussis, and no less than three doses of vaccine for 
poliomyelitis.  In order for the statement to be acceptable for 
a person who is enrolling in a child care facility and who is 
seven years of age or older, the statement must indicate that 
the person has received no less than one dose of vaccine each 
for measles, mumps, and rubella given separately or in 
combination and consistent with subdivision 10, 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 1990, section 123.70, 
subdivision 5, is amended to read: 
    Subd. 5.  If a person transfers from one elementary or 
secondary school to another, the 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 person may enroll in 
and attend the school.  If a person enrolls in a child care 
facility in which at least 75 percent of children in the 
facility participate on a one-time only or occasional basis to a 
maximum of 45 hours per child, per month, the person shall be 
exempt from all requirements of this section for up to five 
consecutive days, starting from the first day of attendance. 
    Sec. 6.  Minnesota Statutes 1990, section 123.70, 
subdivision 7, is amended to read: 
    Subd. 7.  Each school or day child care facility shall 
maintain on file immunization records for all persons in 
attendance 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 child 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 child care facility, the administrator 
or other person having general control and supervision of the 
school or day child 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 child care facility within 30 
days of the transfer.  Upon the request of a public or private 
post-secondary educational institution, as defined in section 
135A.14, 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. 7.  Minnesota Statutes 1990, 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 
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, 3, 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 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, 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 child care facility shall file a report 
with the commissioner of human services on all persons enrolled 
in the day child care facility.  The day 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 day child care facilities by the 
commissioner of health and 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, clause (c) or (d), and the number of 
persons with partial or full immunization histories.  The day 
child 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 child care or group family day child care facility, 
for prekindergarten children enrolled in any elementary or 
secondary school provided services according to section 120.17, 
subdivision 2, nor for child care facilities in which at least 
75 percent of children in the facility participate on a one-time 
only or occasional basis to a maximum of 45 hours per child, per 
month.  
    Sec. 8.  Minnesota Statutes 1990, 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 
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 born after 1956 and 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) "Child care facility" includes those child care 
programs subject to licensure under chapter 245A, and Minnesota 
Rules, chapters 9502 and 9503. 
    (d) "Family day child care" means day 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. 
    (d) (e) "Group family day child care" means day 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. 
    Sec. 9.  Minnesota Statutes 1990, section 123.70, 
subdivision 10, is amended 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.  
    (a) For persons enrolled in grades 7 and 12 during the 
1992-1993 school term, the statement must indicate that the 
person has received at least two doses of vaccine against 
measles, mumps, and rubella, given alone or separately and given 
not less that one month apart.  
    (b) For persons enrolled in grades 7, 8, and 12 during the 
1993-1994 school term, the statement must indicate that the 
person has received at least two doses of vaccine against 
measles, mumps, and rubella, given alone or separately and given 
not less than one month apart.  
    (c) For persons enrolled in grades 7, 8, 9, and 12 during 
the 1994-1995 school term, the statement must indicate that the 
person has received at least two doses of vaccine against 
measles, mumps, and rubella, given alone or separately and given 
not less than one month apart.  
    (d) For persons enrolled in grades 7, 8, 9, 10, and 12 
during the 1995-1996 school term, the statement must indicate 
that the person has received at least two doses of vaccine 
against measles, mumps, and rubella, given alone or separately 
and given not less than one month apart.  
    (e) For persons enrolled in grades 7 through 12 during the 
1996-1997 school year and for each year thereafter, the 
statement must indicate that the person has received at least 
two doses of vaccine against measles, mumps, and rubella, given 
alone or separately and given not less than one month apart. 
    Sec. 10.  Minnesota Statutes 1990, section 123.70, is 
amended by adding a subdivision to read: 
    Subd. 11.  [COMMISSIONER OF HUMAN SERVICES; CONTINUED 
RESPONSIBILITIES.] Nothing in this section relieves the 
commissioner of human services of the responsibility, under 
chapter 245A, to inspect and assure that statements required by 
this section are on file at child care programs subject to 
licensure. 
    Sec. 11.  Minnesota Statutes 1990, section 151.37, is 
amended by adding a subdivision to read: 
    Subd. 10.  [PURCHASE OF DRUGS FOR COMMUNICABLE 
DISEASES.] The commissioner of health, in carrying out the 
duties of section 144.05, may purchase and distribute 
antituberculosis drugs, biologics, and vaccines to treat and 
prevent communicable disease. 
    Sec. 12.  [EFFECTIVE DATE.] 
    Sections 1 to 11 are effective July 1, 1991, except that 
the requirements in sections 1, 3, and 4, pertaining to 
haemophilus influenza type b, are effective July 1, 1992. 
    Presented to the governor April 16, 1991 
    Signed by the governor April 19, 1991, 5:12 p.m.