Vaccinations
part3
KANSAS
Kansas Immunization Requirements
Authority: Schools, Health Programs, Kan. Stat. Ann & 72-5208 et. Seq.
Diseases, Kan. Admin.
Regs. 28-1-20.
General Rule: Every pupil enrolling or enrolled in any school for the first time
in this state, shall
present to the appropriate school board certification from a doctor that the
pupil has received or
is in the process of receiving and will have completed within 90 days after
admission to school,
such tests and inoculations as are deemed necessary by the secretary. KSA
& 72-5209(a).
Exceptions:
1) Certification from a doctor that inoculations would seriously endanger
the life or health of the
child.
2) A written statement signed by one parent or guardian that the child is an
adherent of a
religious denomination whose religious teachings are opposed to such tests
or inoculations.
A written statement that such inoculations are in the process of being
received and will be
completed within 90 days after admission to school.
Definitions: KSA & 72-5208.
School Board--means the board of education of a school district and the
governing authority
of any nonpublic school.
School--means all elementary, junior high, or high schools within the state.
Secretary--means the secretary of the state department of health and
environment.
Notice: The school board may exclude any pupil who has not complied with the
requirements of
KSA & 72-5209. Written notice must be given to the parent of the child
excluded. The notice
must give the reason for exclusion, state that the exclusion will continue
until the pupil is in
compliance, and afford a hearing upon request. KSA & 72-5211a.
Designated Diseases: Diphtheria, pertussis, tetanus, poliomyelitis, mumps
rubella, and measles
(rubeola). KAR & 28-1-20.
KENTUCKY
Kentucky Immunization Requirements
Authority: Education, Conduct of Schools - Special Prograna, Ky. Rev. Stat.
Ann.
158.035,.037, 214.032, .034, .036. Communicable Diseases, 902 KRS. 2:060.
General Rule: No child shall be eligible to enroll as a student in any
public or private elementary
or secondary school without first presenting a certificate from a medical or
osteopathic physician
licensed in any state. KRS 158.035. Additionally, each 'child entering the
public schools shall
have proof of having been tested for tuberculosis prior to enrollment.' KPS
214.034(2).
Exceptions: There is no requirement if KRS 214.036.
1) in the written opinion of his attending physician, such testing or
immunization would be
injurious to the child's health.
2) the 'parents are opposed to medical immunization against disease, and who
object by a written
sworn statement to the immunization of such child on religious grounds.'
Epidemic: In the event of an epidemic in a given area, the cabinet for human
resources may, by
emergency regulation, require the immunization of all persons within the
area of epidemic,
against the disease responsible for such epidemic.' KRS 214.036.
Definitions: Child - means a person under eighteen (18) years of age. KRS 214.032.
Certificate: 'The certificate shall state that the child has been immunized
against' the designated
diseases. KRS 158.035.
Designated Diseases: Diphtheria, tetanus, poliomyelitis, rubeola, and
rubella. KRS 158.035.
General Immunization Requirements: 'All parents, guardians, and other
persons having care,
custody or control of any child shall have the child tested for tuberculosis
and immunized
against' the designated diseases. KRS 214.034(l).
Responsibility of Parents: The county board of health is authorized to
enforce the immunization
requirements of this section (KRS 158.035.) and KRS 214.034 immunization of
children -
Testing and treatment of children for tuberculosis) by entering an order
under M 212.245 or
proceeding directly against the parent, guardian or custodian of the child
who fails to have him
immunized by having a criminal complaint sworn out against the offender.
Opinion of Attorney
General, OAG 78-24.
LOUISIANA
Louisiana Immunization Requirements
Authority: Education, General School Law, La. Rev. Stat. Ann. Sec. 17:170.
Public Health -
General, Part V. Preventive Health Services, Subpar 29. Immunization
Services, La. Ann. Code
tit. 48 Sec. 8101 to 8105.
General Rule: All persons entering any school within the state for the first
time, including
elementary and secondary schools, kindergartens, colleges, universities,
proprietary schools,
vocational schools, and licensed day care centers, at the time of
registration or entry shall
present satisfactory evidence of immunity to or immunization against vaccine
preventable
diseases according to a schedule approved by the office of public health,
Department of Health
and Hospitals, or shall present evidence of an immunization program in
progress.' LRS Sec.
17:17OA(l).
Exceptions: 'No person seeking to enter any school or facility, shall be
required to comply with
immunization requirements if the student or his parent or guardian submits
either a written
statement from a physician stating that the procedure is contraindicated for
medical reasons, or a
written dissent from the student or his parent or guardian is presented.'
LRS Sec. 17:170E.
Epidemic: In the event of an outbreak of a vaccine-preventable disease at
the location of an
educational institution, the administrators are empowered, to exclude from
attendance
unimmunized students and clients until the appropriate disease incubation
period has expired or
the unimmunized person presents evidence of immunization. LRS Sec. 17:170F.
Designated Diseases: Including but not limited to measles, mumps, rubella,
diphtheria, tetanus,
whooping cough, poliomyelitis, and hemophilus influenzae Type B. LRS Sec.
17:17OA(2).
MAINE
Maine Immunization Requirements
Authority: Education - Health, Nutrition and Safety, Me. Rev. Stat. Ann.
tit. 20-A, @ 6352 to
6359. Department of Human Services (Bureau of Health) 10-144A, Chapter 261.
Department of
Educational and Cultural Services (Commissioner) 05-071, Chapter 126, Immunization
Requirements for School Children.
General Rule: Purpose statement: "To assure a safe and healthful school
environment, the
Legislature intends that the provisions of this subchapter on immunization
shall apply in the
schools of the State. MRS tit. 20-A, @6352. "No superintendent may
permit any child to be
enrolled in or to attend school with a certificate of immunization for each
disease or other
acceptable proof of required immunization or immunity against the
disease." MRS 20-A,@6355.
Exceptions: There are three exceptions, MRS tit. 20-A, @6355.1.:
1) The parent provides written assurance that 'the child will be immunized
within 90 days."
2) "The parent or the child provides (1 physician's written statement
that immunization against
one or more of the diseases may be medically inadvisable."
3) The parent states in writing a sincere religious belief which is contrary
to the immunization
requirement of this subchapter or an opposition to the immunization for
moral, philosophical or
other personal reasons.
Epidemic: A public health official, may request the superintendent to
exclude a child from
school if the official believes the child presents a clear danger to the
health of others. MRS tit.
20-A, @6356.1. A superintendent may exclude from the public schools any
child who is a public
health threat, or a child or employee who has contracted or has been exposed
to a communicable
disease as directed by a physician after consultation with the Bureau of
Health. MRS tit. 20-A,
@6356.2.
Definitions: MRS tit. 20-A, @6353.
"Certificate of Immunization" - "means a written statement
from a physician, nurse or health
official who has administered an immunizing agent to a child, specifying the
dosage
administered and the date it was administered."
"Child" - "means and includes every child entering
school."
"Parent" "Parent" - "means a child's parent or
legal guardian or custodian. "
"School" "School" - "means any public or private
elementary or private elementary or secondary
school in the state."
"Superintendent" - "means the superintendent of schools or a
school administrative unit, or a
person designated by the superintendent, and the chief administrative
officer or a private
school."
Designated Diseases: Diphtheria, measles, mumps, pertussis, poliomyelitis,
rubella, tetanus.
MRS tit. 20-A, @6353.3.
Responsibility of Parents: Except as otherwise provided, 'every parent shall
cause to be
administered to his child an adequate dosage of an immunizing agent against
each disease.' MRS
tit. 20-A, @6354.
Post Secondary Schools: Students in public or private, post-secondary
schools in the state must
also have administered an adequate dosage of an immunizing agent against
each disease. The
same exceptions for K through 12 apply. MRS tit. 20-A, @6359.
Strategy: The "religious belief" and "moral, philosophical or
other personal reasons" exception
seems very broad, merely requiring stating it in writing.
MARYLAND
Maryland Immunization Requirements
Authority: Md. Code Ann., Educ. Sec. 7-402, Health-Gen. Sec. 18-401.
Department of Health
and Mental Hygiene, Md. Regs. Code tit. 10, Sec. 06.04.01 to .10.
General Rule: In cooperation with the State Board and the Medical and
Chirugical Faculty of
Maryland, the Department of Health and Mental Hygiene shall adopt rules and
regulations
regarding the immunizations required of children entering schools. MCA. E
Sec. 7-402(a). In
order for the immunization status of a student enrolled in kindergarten
through 12th grade to be
complete, the student shall provide proof of immunization against the
designated diseases. MRC
10, Sec. 06.04.03.D(2).
Exceptions: There are two main exceptions:
1) If a doctor indicates that immunization against any of the designated
diseases, ""is considered
contraindicated, detrimental to, or not in the best interest of the child's
health. If the
contraindication is temporary, the statement shall provide assurance that
the child will receive
the immunizations and furnish evidence of their completion. MRC 10, Sec.
6.04.04.
2) A "child whose parent or guardian objects to immunization on the
ground that it conflicts
with their religious beliefs and practices may not be required to present a
physician's
certification in order to be admitted to school. MCA, E Sec. 7-402(b). MRC 10,
Sec. 06.04.05.
Temporary Admission: A school principle shall temporarily admit a student if
the parent or
guardian presents evidence of an appointment with a health care provider or
health department
to: receive a required immunization, reconstruct a lost record, acquire
evidence of age
appropriate immunity. MRC 10, Sec. 06.04.06.
Epidemic: A health officer may require a student in kindergarten through
twelfth grade to be
excluded when a case of measles is diagnosed or suspected in a student,
employee, or volunteer.
MRC 10, Sec. 06.04.03.F.
Designated Diseases: "Diphtheria, tetanus, pertussis, polio, rubella,
measles and mumps.
Immunity: A person lawfully administering a drug or vaccine is not liable
for any adverse effect
that arises from it, if: it is administered to immunize an individual, or it
is approved by the US
FDA for the purpose of which it is administered MCA, H-G Sec. 18-401.
MASSACHUSETTS
Massachusetts Immunization Requirements
Authority: Mas. Gen. Laws Ann. Ch. 76, &&15 et seq. Department of
Public Health, Mass Regs.
Code tit. 105, && 220.100 et seq.
General Rule: Children are not admitted to school "except upon
presentation of a physician's
certificate that the child has been successfully immunized against" the
designated diseases. MGL
76, &15.
Exceptions: MGL 76, &15.
1) Upon certification that a doctor has personally examined the child and
found "that his health
would be endangered by such vaccination or by any of such
immunizations."
2) No "child whose parent or guardian states in writing that
vaccination or immunization
conflicts with sincere religious beliefs shall be required to present"
the certificate in order to be
admitted. Exemption does not require the objecting persons to be a member of
a recognized
church or religious denomination. Dallo v. Board of Education, 358 Mass 753,
267 NE 2d 219
(1971)
3) Epidemic: Exceptions are noneffective in an emergency or epidemic. MGL
76, 15.
Designated Diseases: "Diphtheria, pertussis, tetanus, measles and
poliomyelitis and such other
communicable diseases as may be specified from time to time by the
department of public
health." MGL 76, &15. Rubella and mumps. CMR 105, &200.500.
College Students: Health science students in contact with patients in the
state must also have
administered an adequate dosage of an immunizing agent against each disease.
The health and
religious exemptions apply. MGL 76, &15C.
MICHIGAN
Michigan Immunization Requirements
Authority: Public Health, State Department of Health, Michigan Comp. Laws.
&14.15(9201) to
(9229). Department of Public Health, Immunizations, Mich. Admin. Code r.
325.3501 to .3513.
General Rule: A parent or guardian "applying to have a child registered
for the first time in a
school in this state shall present to school officials, at the time of
registration or not later than
the first day of school, a certificate of immunization or statement of
exemption." A child may
not enter or attend school unless the certificate has been received. MCL
& 14.15(9208).
Exceptions: There are two, MCL & 14.15(9215):
1. A child is exempt from the requirements of this part as to a specific
immunization for any
period of time as to which a physician certifies that a specific
immunization is or may be
detrimental to the child's health or is not appropriate."
2. A child is exempt from this part if a parent or guardian "presents a
written statement of the
administrator of the child's school or operator of the group program to the
effect that the
requirements of this part cannot be met because of religious convictions or
other objection to
immunity.""
Definitions: "Religious or other exemption" -- "means a
written statement signed by the parent,
or guardian "of a child which certifies that immunization is in
conflict with his or her religious
or other convictions and which includes the name and birthday of the
child" MAC r. 325.3502.
Certificate: Upon administering an immunization agent, the health
professional shall present a
written certificate, or make an entry on the certificate in the person's
possession. Certificate
shall be in a form approved by the department. MCL & 14.15(9206).
Designated Diseases: Diphtheria, measles, mumps, pertussis, polio, rubella
and tetanus. MAC r.
325.3502.
Immunity: Health personnel required to administer an approved immunization program,
or any
other person participating without compensation, "is not liable to any
person for civil damages
as a result of an act or omission causing illness, reaction, or adverse
effect from the use of a drug
or vaccine in the program, except for gross negligence or willful or wanton
misconduct." MCL
& 14.15(9203).
Duty of Parents: A parent or guardian "of a child shall provide for the
child's immunization by
an authorized health professional," "within an age period
prescribed by the department." MCL &
14.15(9205).
Penalty: "A person who violates this part of a rule promulgated under
this part is guilty of a
misdemeanor." MCL & 14.15(9229).
MINNESOTA
121A.15 Health standards; immunizations; school children.
Subdivision 1. Except as provided in subdivisions 3, 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, against
measles after having attained the age of 12 months, rubella, diphtheria,
tetanus, pertussis, polio,
mumps, 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, 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, polio, and hepatitis B and which indicates the month and year of
each immunization
received.
Subd. 2. Schedule of immunizations. 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, polio, and hepatitis B. The statement must
include the month and
year of each additional immunization received. 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, polio, and hepatitis B.
Subd. 3. Exemptions from immunizations. (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 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 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 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.
Subd. 3a. Disclosures required. (a) This paragraph applies to any written
information about
immunization requirements for enrollment in a school or child care facility
that:
(1) is provided to a person to be immunized or enrolling or enrolled in a
school or child care
facility, or to the person's parent or guardian if the person is under 18
years of age and not
emancipated; and
(2) is provided by the department of health; the department of children,
families, and learning;
the department of human services; an immunization provider; or a school or
child care facility.
Such written information must describe the exemptions from immunizations
permitted under
subdivision 3, paragraphs (c) and (d). The information on exemptions from
immunizations
provided according to this paragraph must be in a font size at least equal
to the font size of the
immunization requirements, in the same font style as the immunization requirements,
and on the
same page of the written document as the immunization requirements.
(b) Before immunizing a person, an immunization provider must provide the
person, or the
person's parent or guardian if the person is under 18 years of age and not
emancipated, with the
following information in writing:
(1) a list of the immunizations required for enrollment in a school or child
care facility;
(2) a description of the exemptions from immunizations permitted under
subdivision 3,
paragraphs (c) and (d);
(3) a list of additional immunizations currently recommended by the
commissioner; and
(4) in accordance with federal law, a copy of the vaccine information sheet
from the federal
Department of Health and Human Services that lists possible adverse
reactions to the
immunization to be provided.
Subd. 4. Substitute immunization statement. (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 must 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; no less than four doses of vaccine for poliomyelitis, unless
the third dose was
given after the fourth birthday, then three doses are minimum; 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 no less
than three doses of
vaccine for poliomyelitis, diphtheria, 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.
Subd. 5. Transfer of immunization statements. If a person transfers from one
elementary or
secondary school to another, the school board of a public school district or
the administrator of a
nonpublic school may allow the person up to a maximum of 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, or is placed in a facility by a crisis nursery,
the person shall be
exempt from all requirements of this section for up to five consecutive
days, starting from the
first day of attendance.
Subd. 6. Repealed, 1Sp2001 c 9 art 1 s 62
Subd. 7. File on immunization records. Each school or 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 school shall maintain the records for at least
five years after the
person attains the age of majority. The department of health and the board
of health, as defined
in section 145A.02, subdivision 2, in whose jurisdiction the school or 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 child care facility,
the administrator or
other person having general control and supervision of the school or 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 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.
Subd. 8. Report. The administrator or other person having general control
and supervision of the
elementary or secondary school shall file a report with the commissioner on
all persons enrolled
in the school. The superintendent of each district shall file a report with
the commissioner for all
persons within the district receiving instruction in a home school in
compliance with sections
120A.22 and 120A.24. 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 district in
which the person resides by October 1 of each school year. The school report
must be prepared
on forms developed jointly by the commissioner of health and the
commissioner of children,
families, and learning and be distributed to the local districts by the
commissioner of health. The
school report must 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 must be filed
with the commissioner of children, families, and learning within 60 days of
the commencement
of each new school term. Upon request, a district must be given a 60-day
extension for filing the
school report. The commissioner of children, families, and learning 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 child care facility shall file a
report with the
commissioner of human services on all persons enrolled in the child care
facility. The 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 child care
facilities by the
commissioner of health. The child care facility report 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 child care facility report must
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 child care
or group family child
care facility, for prekindergarten children enrolled in any elementary or
secondary school
provided services according to sections 125A.05 and 125A.06, 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.
Subd. 9. Definitions. 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 120A.05,
subdivisions 9, 11, 13, and 17, or nonpublic school, church, or religious
organization, or home
school in which a child is provided instruction in compliance with sections
120A.22 and
120A.24.
(b) "Person enrolled in any elementary or secondary school" means
a person born after 1956 and
enrolled in grades kindergarten through 12, and a child with a disability
receiving special
instruction and services as required in sections 125A.03 to 125A.24 and
125A.65, excluding a
child being provided services according to section 125A.05, paragraph (c),
or 125A.06,
paragraph (d).
(c) "Child care facility" includes those child care programs
subject to licensure under chapter
245A, and Minnesota Rules, chapters 9502 and 9503.
(d) "Family child care" means 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.
(e) "Group family child care" means 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.
Subd. 10. Requirements for immunization statements. 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 grade 7
beginning with the 2001-2002 school term.
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.
Subd. 12. Modifications to schedule. (a) The commissioner of health may
adopt modifications to
the immunization requirements of this section. A proposed modification made
under this
subdivision must be part of the current immunization recommendations of each
of the following
organizations: the United States Public Health Service's Advisory Committee
on Immunization
Practices, the American Academy of Family Physicians, and the American
Academy of
Pediatrics. In proposing a modification to the immunization schedule, the
commissioner must:
(1) consult with the commissioner of children, families, and learning; the
commissioner of
human services; the chancellor of the Minnesota state colleges and
universities; and the
president of the University of Minnesota; and
(2) consider the following criteria: the epidemiology of the disease, the
morbidity and mortality
rates for the disease, the safety and efficacy of the vaccine, the cost of a
vaccination program,
the cost of enforcing vaccination requirements, and a cost-benefit analysis
of the vaccination.
(b) Before a proposed modification may be adopted, the commissioner must
notify the chairs of
the house and senate committees with jurisdiction over health policy issues.
If the chairs of the
relevant standing committees determine a public hearing regarding the
proposed modifications is
in order, the hearing must be scheduled within 60 days of receiving notice
from the
commissioner. If a hearing is scheduled, the commissioner may not adopt any
proposed
modifications until after the hearing is held.
(c) The commissioner shall comply with the requirements of chapter 14
regarding the adoption
of any proposed modifications to the immunization schedule.
(d) In addition to the publication requirements of chapter 14, the
commissioner of health must
inform all immunization providers of any adopted modifications to the
immunization schedule
in a timely manner.