Creation Science Evangelism

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.

 


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