Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 530

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23
2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16
2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30
3.31 3.32 3.33 3.34 3.35 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 4.36 5.1 5.2 5.3 5.4 5.5 5.6
5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20
5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30
5.31 5.32 5.33

A bill for an act
relating to health; requiring human papilloma virus vaccination of female
children and education materials developed; amending Minnesota Statutes 2006,
section 121A.15, subdivisions 1, 2, 3a, 4, 10, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2006, section 121A.15, subdivision 1, is amended to
read:


Subdivision 1.

School and child care facility immunization requirements.

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, deleted text begin anddeleted text end hepatitis Bnew text begin , and
human papilloma virus
new text end ; 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, deleted text begin anddeleted text end hepatitis Bnew text begin , and human
papilloma virus
new text end and which indicates the month and year of each immunization received.

Sec. 2.

Minnesota Statutes 2006, section 121A.15, subdivision 2, is amended to read:


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, deleted text begin anddeleted text end hepatitis Bnew text begin , and
human papilloma virus
new text end . 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.new text begin For a female child age 12 years or older, a
primary schedule of immunization shall consist of three doses of the vaccine for human
papilloma virus.
new text end

Sec. 3.

Minnesota Statutes 2006, section 121A.15, subdivision 3a, is amended to read:


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 Education; 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.

(c) The commissioner will continue the educational campaign to providers and
hospitals on vaccine safety including, but not limited to, information on the vaccine
adverse events reporting system (VAERS), the federal vaccine information statements
(VIS), and medical precautions and contraindications to immunizations.

(d) The commissioner will encourage providers to provide the vaccine information
statements at multiple visits and in anticipation of subsequent immunizations.

(e) The commissioner will encourage providers to use existing screening for
immunization precautions and contraindication materials and make proper use of the
vaccine adverse events reporting system (VAERS).

(f) In consultation with groups and people identified in subdivision 12, paragraph
(a), clause (1), the commissioner will continue to develop and make available patient
education materials on immunizations including, but not limited to, contraindications and
precautions regarding vaccines.

(g) The commissioner will encourage health care providers to use thimerosal-free
vaccines when available.

new text begin (h) If a notarized statement signed by a minor child's parent or guardian or by an
emancipated person under subdivision 3, paragraph (d), has been submitted in order
to exempt a person from the human papilloma virus vaccination requirements, the
person receiving the statement must provide the minor child's parent or guardian or the
emancipated person a copy of the materials developed by the commissioner of health
under subdivision 13.
new text end

Sec. 4.

Minnesota Statutes 2006, section 121A.15, subdivision 4, is amended to read:


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) new text begin In order for the statement to be consistent with subdivision 10 and acceptable for
a female who is enrolling in an elementary or secondary school and is age 12 through age
19, the statement must indicate that the person has received no less than three doses of
vaccine for human papilloma virus.
new text end

new text begin (i) new text end The commissioner of health, on finding that any of the above requirements are
not necessary to protect the public's health, may suspend for one year that requirement.

Sec. 5.

Minnesota Statutes 2006, section 121A.15, subdivision 10, is amended to read:


Subd. 10.

Requirements for immunization statements.

(a) 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.

(b) 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.

(c) The requirement for hepatitis B vaccination shall apply to persons enrolling in
kindergarten beginning with the 2000-2001 school term.

(d) The requirement for hepatitis B vaccination shall apply to persons enrolling in
grade 7 beginning with the 2001-2002 school term.

new text begin (e) The requirement for human papilloma virus vaccination shall apply to females
age 12 beginning with the 2009-2010 school term.
new text end

Sec. 6.

Minnesota Statutes 2006, section 121A.15, is amended by adding a subdivision
to read:


new text begin Subd. 13. new text end

new text begin Human papilloma virus materials. new text end

new text begin (a) The commissioner of health
shall develop education materials in consultation with the Minnesota Immunization
Practices Advisory Committee that contain information regarding the risks associated
with the human papilloma virus and cervical cancer and the availability, effectiveness,
and potential risks of the human papilloma virus vaccine.
new text end

new text begin (b) Once the materials are available, the commissioner shall notify each school in
this state of the availability of the materials described in this subdivision and shall make
those materials available on the department's Web site.
new text end

Sec. 7. new text begin RULES.
new text end

new text begin The commissioner of health shall adopt rules to comply with the immunization
requirements of this act.
new text end