Requirements for exemption from immunizations for conscientiously held beliefs modified, commissioner of health required to develop an immunizations education module, and money appropriated.

A bill for an act

relating to health; modifying requirements for exemption from immunizations for

conscientiously held beliefs; requiring the commissioner of health to develop an

immunizations education module; appropriating money; amending Minnesota

Statutes 2024, section 121A.15, subdivisions 3, 9, by adding subdivisions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 121A.15, subdivision 3, is amended to read:

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
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notarized
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statement
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,
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signed by the minor child's parent or guardian or by the

emancipated person
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and signed by the provider of the child or emancipated person verifying

compliance with the requirements in subdivision 3c,
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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.
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The signature of the minor child's parent or guardian or of the emancipated person on this

statement must be notarized.
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This statement must also be forwarded to the commissioner

of the Department of Health. This paragraph does not apply
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:
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(1)
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to a child enrolling or enrolled in a child care center or family child care program

that adopts a policy under subdivision 3b
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; or
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(2) in the circumstances specified in subdivision 3e, paragraphs (a) and (b)
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.

(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

influenzae type b, the person is not required to be immunized against haemophilus influenzae

type b.

(g) If a person who is not a Minnesota resident enrolls in a Minnesota school online

learning course or program that delivers instruction to the person only by computer and

does not provide any teacher or instructor contact time or require classroom attendance, the

person is not subject to the immunization, statement, and other requirements of this section.

Sec. 2.

Minnesota Statutes 2024, section 121A.15, is amended by adding a subdivision to

read:

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Subd. 3c.

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Educational consultation with provider.

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(a) A parent or guardian of a minor

child, or an emancipated person, seeking an exemption from an immunization under

subdivision 3, paragraph (d), must complete an educational consultation with the child's or

emancipated person's provider. In the educational consultation, the provider must:

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(1) review with the minor child's parent or guardian or with the emancipated person

information about the risks and benefits of immunizations that is consistent with information

on immunizations provided by the commissioner of health or by an organization

recommended by the commissioner of health; and

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(2) verify that the minor child's parent or guardian or the emancipated person reviewed

the immunizations education module made available by the commissioner of health according

to subdivision 3d.

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(b) Upon completion of the educational consultation under paragraph (a), the provider

must sign the statement of exemption under subdivision 3, paragraph (d), if so requested

by the minor child's parent or guardian or by the emancipated person.

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Sec. 3.

Minnesota Statutes 2024, section 121A.15, is amended by adding a subdivision to

read:

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Subd. 3d.

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Immunizations education module.

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The commissioner of health must develop

and make available an immunizations education module on the risks and benefits of

immunizations. The commissioner must determine the content, delivery format, and length

of the education module.

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Sec. 4.

Minnesota Statutes 2024, section 121A.15, is amended by adding a subdivision to

read:

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Subd. 3e.

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Disease outbreak.

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(a) In the event of an outbreak in this state of a disease for

which immunization is required under this section or Minnesota Rules, chapter 4604, the

commissioner of health may issue a written determination that:

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(1) an outbreak of such a disease is taking place in this state;

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(2) the disease is likely to be transmitted to children and adults in schools, child care

facilities, or both; and

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(3) the disease has the potential to cause death or serious injury to children or adults

exposed in schools or child care facilities or to others who may become infected through

contact with these children or adults.

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(b) Upon issuance of the determination in paragraph (a), an elementary or secondary

school or child care facility may exclude a minor child or emancipated person who submitted

a statement of exemption under subdivision 3, paragraph (d), for the disease specified in

the commissioner's determination. For a minor child or emancipated person subject to

exclusion under this paragraph to attend or return to an elementary or secondary school or

child care facility, the minor child's parent or guardian or the emancipated person must

submit to the administrator or person having general control and supervision of the school

or child care facility:

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(1) documentation that the minor child or emancipated person has been immunized

against the disease specified in the commissioner's determination consistent with medically

acceptable standards; or

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(2) a statement of exemption under subdivision 3, paragraph (a), (c), (e), or (f), for the

disease specified in the commissioner's determination.

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(c) The commissioner must issue a written determination when the commissioner finds

that the disease outbreak for which a determination was issued under paragraph (a) no longer

meets one or more of the conditions listed in paragraph (a). A determination issued under

this paragraph terminates an elementary or secondary school's or child care facility's exclusion

authority under paragraph (b).

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Sec. 5.

Minnesota Statutes 2024, section 121A.15, subdivision 9, is amended to read:

Subd. 9.

Definitions.

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As used in
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For purposes of
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this section
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,
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the following terms have

the meanings given
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them
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.

(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
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grades
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kindergarten through
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grade
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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 at the home or bedside of the child or

in other states.

(c) "Child care facility" includes those child care programs subject to licensure under

chapter 142B, 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.

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(f) "Medically acceptable standards" means immunization recommendations of the

American Academy of Pediatrics.

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(g) "Provider" means a licensed physician, a licensed physician assistant, or an advanced

practice registered nurse as defined in section 148.171, subdivision 3.

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Sec. 6.
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APPROPRIATION.
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$....... in fiscal year 2027 is appropriated from the general fund to the commissioner of

health to develop and make available an immunizations education module according to

Minnesota Statutes, section 121A.15, subdivision 3d. This is a onetime appropriation.

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