Minnesota Session Laws - 1998, Regular Session

                            CHAPTER 305-S.F.No. 2372 
                  An act relating to health; requiring hepatitis B 
                  immunization for children; amending Minnesota Statutes 
                  1996, section 123.70, subdivisions 1, 2, and 4; 
                  Minnesota Statutes 1997 Supplement, section 123.70, 
                  subdivision 10. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 123.70, 
        subdivision 1, is amended to read: 
           Subdivision 1.  Except as provided in subdivisions 3 and, 
        4, and 10, no person over two months old may be allowed to 
        enroll or remain enrolled in any elementary or secondary school 
        or 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 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 measles after 
        having attained the age of 12 months, rubella, diphtheria, 
        tetanus, pertussis, polio, mumps, and haemophilus influenza type 
        b, and hepatitis 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 measles after 
        having attained the age of 12 months, rubella, mumps, and 
        haemophilus influenza type b and that the person has commenced a 
        schedule of immunizations for diphtheria, tetanus, pertussis, 
        and polio, and hepatitis B and which indicates the month and 
        year of each immunization received.  
           Sec. 2.  Minnesota Statutes 1996, 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 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 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 hepatitis B 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 and hepatitis B.  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, 
        and hepatitis B. 
           Sec. 3.  Minnesota Statutes 1996, section 123.70, 
        subdivision 4, is amended to read: 
           Subd. 4.  (a) A person who is enrolling or enrolled in an 
        elementary or secondary school or 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. 
           (b) 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, 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 doses are minimum; 
        and no less than three doses of vaccine for hepatitis B.  
           (c) In order for the statement to be consistent with 
        subdivision 10 and acceptable for a person who is enrolling in 
        an elementary or secondary school and is age seven through age 
        19, 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, and hepatitis B.  
           (d) 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. 
           (e) 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. 
           (f) 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. 
           (g) 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.  
           (h) 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 1997 Supplement, 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 
        1996-1997 school term, the statement must indicate that the 
        person has received a dose of tetanus and diphtheria toxoid no 
        earlier than 11 years of age. 
           (b) Except as specified in paragraph (e), for persons 
        enrolled in grades 7, 8, and 12 during the 1997-1998 school 
        term, the statement must indicate that the person has received a 
        dose of tetanus and diphtheria toxoid no earlier than 11 years 
        of age.  
           (c) Except as specified in paragraph (e), for persons 
        enrolled in grades 7 through 12 during the 1998-1999 school term 
        and for each year thereafter, the statement must indicate that 
        the person has received a dose of tetanus and diphtheria toxoid 
        no earlier than 11 years of age.  
           (d) 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. 
           (e) A person who has received at least three doses of 
        tetanus and diphtheria toxoids, with the most recent dose given 
        after age six and before age 11, is not required to have 
        additional immunization against diphtheria and tetanus until ten 
        years have elapsed from the person's most recent dose of tetanus 
        and diphtheria toxoid. 
           (f) The requirement for hepatitis B vaccination shall apply 
        to persons enrolling in kindergarten beginning with the 
        2000-2001 school term. 
           (g) The requirement for hepatitis B vaccination shall apply 
        to persons enrolling in kindergarten through grade 7 beginning 
        with the 2007-2008 school term. 
           Presented to the governor March 19, 1998 
           Signed by the governor March 23, 1998, 10:32 a.m.