1.1                          A bill for an act 
  1.2             relating to health; modifying school immunization 
  1.3             requirements; amending Minnesota Statutes 1998, 
  1.4             section 121A.15, subdivisions 1, 3, 4, 8, 9, and 10. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1998, section 121A.15, 
  1.7   subdivision 1, is amended to read: 
  1.8      Subdivision 1.  Except as provided in subdivisions 3, 4, 
  1.9   and 10, no person over two months old may be allowed to enroll 
  1.10  or remain enrolled in any elementary or secondary school or 
  1.11  child care facility in this state until the person has submitted 
  1.12  to the administrator or other person having general control and 
  1.13  supervision of the school or child care facility, one of the 
  1.14  following statements: 
  1.15     (1) a statement from a physician or a public clinic which 
  1.16  provides immunizations stating that the person has received 
  1.17  immunization, consistent with medically acceptable standards, 
  1.18  against measles after having attained the age of 12 months, 
  1.19  rubella, diphtheria, tetanus, pertussis, polio, mumps, 
  1.20  haemophilus influenza type b, ~~and~~ hepatitis B, and varicella; or 
  1.21     (2) a statement from a physician or a public clinic which 
  1.22  provides immunizations stating that the person has received 
  1.23  immunizations, consistent with medically acceptable standards, 
  1.24  against measles after having attained the age of 12 months, 
  1.25  rubella, mumps, ~~and~~ haemophilus influenza type b, and varicella 
  2.1   and that the person has commenced a schedule of immunizations 
  2.2   for diphtheria, tetanus, pertussis, polio, and hepatitis B and 
  2.3   which indicates the month and year of each immunization received.
  2.4      Sec. 2.  Minnesota Statutes 1998, section 121A.15, 
  2.5   subdivision 3, is amended to read: 
  2.6      Subd. 3.  [EXEMPTIONS FROM IMMUNIZATIONS.] (a) If a person 
  2.7   is at least seven years old and has not been immunized against 
  2.8   pertussis, the person must not be required to be immunized 
  2.9   against pertussis. 
  2.10     (b) If a person is at least 18 years old and has not 
  2.11  completed a series of immunizations against poliomyelitis, the 
  2.12  person must not be required to be immunized against 
  2.13  poliomyelitis.  
  2.14     (c) If a statement, signed by a physician or a public 
  2.15  clinic, is submitted to the administrator or other person having 
  2.16  general control and supervision of the school or child care 
  2.17  facility stating that an immunization is ~~contraindicated~~ not 
  2.18  indicated for medical reasons or that laboratory confirmation of 
  2.19  the presence of adequate immunity exists, the immunization 
  2.20  specified in the statement need not be required.  
  2.21     (d) If a notarized statement signed by the minor child's 
  2.22  parent or guardian or by the emancipated person is submitted to 
  2.23  the administrator or other person having general control and 
  2.24  supervision of the school or child care facility stating that 
  2.25  the person has not been immunized as prescribed in subdivision 1 
  2.26  because of the conscientiously held beliefs of the parent or 
  2.27  guardian of the minor child or of the emancipated person, the 
  2.28  immunizations specified in the statement shall not be required.  
  2.29  This statement must also be forwarded to the commissioner of the 
  2.30  department of health.  
  2.31     (e) If the person is under 15 months, the person is not 
  2.32  required to be immunized against measles, rubella, or mumps. 
  2.33     (f) If a person is at least five years old and has not been 
  2.34  immunized against haemophilus influenza type b, the person is 
  2.35  not required to be immunized against haemophilus influenza type 
  2.36  b. 
  3.1      (g) If a person is under 18 months, the person is not 
  3.2   required to be immunized against varicella. 
  3.3      Sec. 3.  Minnesota Statutes 1998, section 121A.15, 
  3.4   subdivision 4, is amended to read: 
  3.5      Subd. 4.  [SUBSTITUTE IMMUNIZATION STATEMENT.] (a) A person 
  3.6   who is enrolling or enrolled in an elementary or secondary 
  3.7   school or child care facility may substitute a statement from 
  3.8   the emancipated person or a parent or guardian if the person is 
  3.9   a minor child in lieu of the statement from a physician or 
  3.10  public clinic which provides immunizations.  If the statement is 
  3.11  from a parent or guardian or emancipated person, the statement 
  3.12  must indicate the month and year of each immunization given. 
  3.13     (b) In order for the statement to be acceptable for a 
  3.14  person who is enrolling in an elementary school and who is six 
  3.15  years of age or younger, it must indicate that the following was 
  3.16  given:  no less than one dose of vaccine each for measles, 
  3.17  mumps, and rubella given separately or in combination; no less 
  3.18  than four doses of vaccine for poliomyelitis, unless the third 
  3.19  dose was given after the fourth birthday, then three doses are 
  3.20  minimum; no less than five doses of vaccine for diphtheria, 
  3.21  tetanus, and pertussis, unless the fourth dose was given after 
  3.22  the fourth birthday, then four doses are minimum; ~~and~~ no less 
  3.23  than three doses of vaccine for hepatitis B; and no less than 
  3.24  one dose of vaccine for varicella.  
  3.25     (c) In order for the statement to be consistent with 
  3.26  subdivision 10 and acceptable for a person who is enrolling in 
  3.27  an elementary or secondary school and is age seven through age 
  3.28  19, the statement must indicate that the person has received no 
  3.29  less than one dose of vaccine each for measles, mumps, and 
  3.30  rubella given separately or in combination, and no less than 
  3.31  three doses of vaccine for poliomyelitis, diphtheria, tetanus, 
  3.32  and hepatitis B.  
  3.33     (d) In order for the statement to be acceptable for a 
  3.34  person who is enrolling in a secondary school, and who was born 
  3.35  after 1956 and is 20 years of age or older, the statement must 
  3.36  indicate that the person has received no less than one dose of 
  4.1   vaccine each for measles, mumps, and rubella given separately or 
  4.2   in combination, and no less than one dose of vaccine for 
  4.3   diphtheria and tetanus within the preceding ten years. 
  4.4      (e) In order for the statement to be acceptable for a 
  4.5   person who is enrolling in a child care facility and who is at 
  4.6   least 15 months old but who has not reached five years of age, 
  4.7   it must indicate that the following were given:  no less than 
  4.8   one dose of vaccine each for measles, mumps, and rubella given 
  4.9   separately or in combination; no less than one dose of vaccine 
  4.10  for haemophilus influenza type b given at or after the first 
  4.11  birthday; no less than four doses of vaccine for diphtheria, 
  4.12  tetanus, and pertussis; ~~and~~ no less than three doses of vaccine 
  4.13  for poliomyelitis; and no less than one dose of vaccine for 
  4.14  varicella if the person is at least 18 months old. 
  4.15     (f) In order for the statement to be acceptable for a 
  4.16  person who is enrolling in a child care facility and who is five 
  4.17  or six years of age, it must indicate that the following was 
  4.18  given:  no less than one dose of vaccine each for measles, 
  4.19  mumps, and rubella given separately or in combination; no less 
  4.20  than four doses of vaccine for diphtheria, tetanus, and 
  4.21  pertussis; ~~and~~ no less than three doses of vaccine for 
  4.22  poliomyelitis; and no less than one dose of vaccine for 
  4.23  varicella. 
  4.24     (g) In order for the statement to be acceptable for a 
  4.25  person who is enrolling in a child care facility and who is 
  4.26  seven years of age or older, the statement must indicate that 
  4.27  the person has received no less than one dose of vaccine each 
  4.28  for measles, mumps, and rubella given separately or in 
  4.29  combination and consistent with subdivision 10, and no less than 
  4.30  three doses of vaccine for poliomyelitis, diphtheria, and 
  4.31  tetanus.  
  4.32     (h) The commissioner of health, on finding that any of the 
  4.33  above requirements are not necessary to protect the public's 
  4.34  health, may suspend for one year that requirement.  
  4.35     Sec. 4.  Minnesota Statutes 1998, section 121A.15, 
  4.36  subdivision 8, is amended to read: 
  5.1      Subd. 8.  [REPORT.] The administrator or other person 
  5.2   having general control and supervision of the elementary or 
  5.3   secondary school shall file a report with the commissioner on 
  5.4   all persons enrolled in the school.  The superintendent of each 
  5.5   district shall file a report with the commissioner for all 
  5.6   persons within the district receiving instruction in a home 
  5.7   school in compliance with sections 120A.22 and 120A.24.  The 
  5.8   parent of persons receiving instruction in a home school shall 
  5.9   submit the statements as required by subdivisions 1, 2, 3, and 4 
  5.10  to the superintendent of the district in which the person 
  5.11  resides by October 1 of each school year.  The school report 
  5.12  must be prepared on forms developed jointly by the commissioner 
  5.13  of health and the commissioner of children, families, and 
  5.14  learning and be distributed to the local districts by the 
  5.15  commissioner of health.  The school report must state the number 
  5.16  of persons attending the school, the number of persons who have 
  5.17  not been immunized according to subdivision 1 or 2, and the 
  5.18  number of persons who received an exemption under subdivision 3, 
  5.19  clause (c) or (d).  The school report must be filed with the 
  5.20  commissioner of children, families, and learning within 60 days 
  5.21  of the commencement of each new school term.  Upon request, a 
  5.22  district must be given a 60-day extension for filing the school 
  5.23  report.  The commissioner of children, families, and learning 
  5.24  shall forward the report, or a copy thereof, to the commissioner 
  5.25  of health who shall provide summary reports to boards of health 
  5.26  as defined in section 145A.02, subdivision 2.  The administrator 
  5.27  or other person having general control and supervision of the 
  5.28  child care facility shall file a report with the commissioner of 
  5.29  human services on all persons enrolled in the child care 
  5.30  facility.  The child care facility report must be prepared on 
  5.31  forms developed jointly by the commissioner of health and the 
  5.32  commissioner of human services and be distributed to child care 
  5.33  facilities by the commissioner of health.  The child care 
  5.34  facility report must state the number of persons enrolled in the 
  5.35  facility, the number of persons with no immunizations, the 
  5.36  number of persons who received an exemption under subdivision 3, 
  6.1   clause (c) or (d), and the number of persons with partial or 
  6.2   full immunization histories.  The child care facility report 
  6.3   must be filed with the commissioner of human services by 
  6.4   November 1 of each year.  The commissioner of human services 
  6.5   shall forward the report, or a copy thereof, to the commissioner 
  6.6   of health who shall provide summary reports to boards of health 
  6.7   as defined in section 145A.02, subdivision 2.  The report 
  6.8   required by this subdivision is not required of a family child 
  6.9   care or group family child care facility, for prekindergarten 
  6.10  children enrolled in any elementary or secondary school provided 
  6.11  services according to ~~sections 125A.05 and 125A.06~~ section 
  6.12  125A.03, nor for child care facilities in which at least 75 
  6.13  percent of children in the facility participate on a one-time 
  6.14  only or occasional basis to a maximum of 45 hours per child, per 
  6.15  month.  
  6.16     Sec. 5.  Minnesota Statutes 1998, section 121A.15, 
  6.17  subdivision 9, is amended to read: 
  6.18     Subd. 9.  [DEFINITIONS.] As used in this section the 
  6.19  following terms have the meanings given them. 
  6.20     (a) "Elementary or secondary school" includes any public 
  6.21  school as defined in section 120A.05, subdivisions 9, 11, 13, 
  6.22  and 17, or nonpublic school, church, or religious organization, 
  6.23  or home school in which a child is provided instruction in 
  6.24  compliance with sections 120A.22 and 120A.24. 
  6.25     (b) "Person enrolled in any elementary or secondary school" 
  6.26  means a person born after 1956 and enrolled in grades 
  6.27  kindergarten through 12, and a child with a disability receiving 
  6.28  special instruction and services as required in ~~sections~~ section 
  6.29  125A.03 ~~to 125A.24 and 125A.65~~, excluding a child being provided 
  6.30  services according to section 125A.05, ~~paragraph (c), or~~ 
  6.31  ~~125A.06, paragraph (d)~~ paragraph (a), clauses (3) and (7).  
  6.32     (c) "Child care facility" includes those child care 
  6.33  programs subject to licensure under chapter 245A, and Minnesota 
  6.34  Rules, chapters 9502 and 9503. 
  6.35     (d) "Family child care" means child care for no more than 
  6.36  ten children at one time of which no more than six are under 
  7.1   school age.  The licensed capacity must include all children of 
  7.2   any caregiver when the children are present in the residence. 
  7.3      (e) "Group family child care" means child care for no more 
  7.4   than 14 children at any one time.  The total number of children 
  7.5   includes all children of any caregiver when the children are 
  7.6   present in the residence. 
  7.7      Sec. 6.  Minnesota Statutes 1998, section 121A.15, 
  7.8   subdivision 10, is amended to read: 
  7.9      Subd. 10.  [REQUIREMENTS FOR IMMUNIZATION STATEMENTS.] (a) 
  7.10  A statement required to be submitted under subdivisions 1, 2, 
  7.11  and 4 to document evidence of immunization shall include month, 
  7.12  day, and year for immunizations administered after January 1, 
  7.13  1990.  
  7.14     ~~(a) For persons enrolled in grades 7 and 12 during the~~ 
  7.15  ~~1996-1997 school term, the statement must indicate that the~~ 
  7.16  ~~person has received a dose of tetanus and diphtheria toxoid no~~ 
  7.17  ~~earlier than 11 years of age.~~ 
  7.18     ~~(b) Except as specified in paragraph (e), for persons~~ 
  7.19  ~~enrolled in grades 7, 8, and 12 during the 1997-1998 school~~ 
  7.20  ~~term, the statement must indicate that the person has received a~~ 
  7.21  ~~dose of tetanus and diphtheria toxoid no earlier than 11 years~~ 
  7.22  ~~of age.~~  
  7.23     ~~(c)~~ (b) Except as specified in paragraph ~~(e)~~ (d), for 
  7.24  persons enrolled in grades 7 through 12 ~~during the 1998-1999~~ 
  7.25  ~~school term and for each year thereafter~~, the statement must 
  7.26  indicate that the person has received a dose of tetanus and 
  7.27  diphtheria toxoid no earlier than 11 years of age.  
  7.28     ~~(d)~~ (c) For persons enrolled in grades 7 through 12 ~~during~~ 
  7.29  ~~the 1996-1997 school year and for each year thereafter~~, the 
  7.30  statement must indicate that the person has received at least 
  7.31  two doses of vaccine against measles, mumps, and rubella, given 
  7.32  alone or separately and given not less than one month 
  7.33  apart.  Beginning with the 2001-2002 school year, persons 
  7.34  entering kindergarten must also meet this requirement. 
  7.35     ~~(e)~~ (d) A person who has received at least three doses of 
  7.36  tetanus and diphtheria toxoids, with the most recent dose given 
  8.1   after age six and before age 11, is not required to have 
  8.2   additional immunization against diphtheria and tetanus until ten 
  8.3   years have elapsed from the person's most recent dose of tetanus 
  8.4   and diphtheria toxoid. 
  8.5      ~~(f)~~ (e) The requirement for hepatitis B vaccination shall 
  8.6   apply to persons enrolling in kindergarten beginning with the 
  8.7   2000-2001 school term. 
  8.8      ~~(g)~~ (f) The requirement for hepatitis B vaccination shall 
  8.9   apply to persons enrolling in grade 7 beginning with the 
  8.10  2001-2002 school term. 
  8.11     (g) The requirement for varicella vaccination shall apply 
  8.12  to persons enrolling in a child care facility or kindergarten 
  8.13  beginning with the 2002-2003 school term.