135A.14 STATEMENT OF IMMUNIZATION OF POSTSECONDARY STUDENTS.
Subdivision 1. Definitions.
As used in this section, the following terms have the meanings
(a) "Administrator" means the administrator of the institution or other person with general
control and supervision of the institution.
(b) "Public or private postsecondary educational institution" or "institution" means any of the
following institutions having an enrollment of more than 100 persons during any quarter, term, or
semester during the preceding year: (1) the University of Minnesota; (2) the state universities; (3)
the state community colleges; (4) public technical colleges; (5) private four-year, professional
and graduate institutions; (6) private two-year colleges; and (7) schools subject to either chapter
, or schools exempt under section
, and which offer
educational programs within the state for an academic year greater than six consecutive months.
An institution's report to the Minnesota Office of Higher Education or the Minnesota Department
of Education may be considered when determining enrollment.
(c) "Student" means a person born after 1956 who did not graduate from a Minnesota high
school in 1997 or later, and who is (1) registering for more than one class during a full academic
term, such as a quarter or a semester or (2) housed on campus and is registering for one or more
classes. Student does not include persons enrolled in extension classes only or correspondence
Subd. 2. Statement of immunization required.
Except as provided in subdivision 3, no
student may remain enrolled in a public or private postsecondary educational institution unless the
student has submitted to the administrator a statement that the student has received appropriate
immunization against measles, rubella, and mumps after having attained the age of 12 months,
and against diphtheria and tetanus within ten years of first registration at the institution. This
statement must indicate the month and year of each immunization given. Instead of submitting
a statement, a student may provide an immunization record maintained by a school according
121A.15, subdivision 7
, or a school in another state if the required information is
contained in the record. A student who has submitted a statement as provided in this subdivision
may transfer to a different Minnesota institution without submitting another statement if the
student's transcript or other official documentation indicates that the statement was submitted.
Subd. 3. Exemptions from immunization.
(a) An immunization listed in subdivision 2 is not
required if the student submits to the administrator a statement signed by a physician that shows:
(1) that, for medical reasons, the student did not receive an immunization;
(2) that the student has experienced the natural disease against which the immunization
(3) that a laboratory has confirmed the presence of adequate immunity.
(b) If the student submits a notarized statement that the student has not been immunized as
required in subdivision 2 because of the student's conscientiously held beliefs, the immunizations
described in subdivision 2 are not required. The institution shall forward this statement to the
commissioner of health.
Subd. 4. Immunization files required.
The institution must maintain an immunization
record for each student governed by this section for at least one year from the time of original
filing. The immunization records may be inspected by the Department of Health and the local
board of health in whose jurisdiction the institution is located.
Subd. 5. Deadline for submitting statement.
The institution shall require that the
statement from the student, as required within subdivision 2 or 3, be submitted within 45 days of
commencement of the academic term for which the student has registered.
Subd. 6. Hepatitis information.
All public and private postsecondary education institutions
shall provide information regarding the transmission, treatment, and prevention of hepatitis A, B,
and C, to all persons who are first-time enrollees. The Department of Health shall be consulted
regarding the preparation of these materials.
Subd. 6a. Meningitis information.
Each public and private postsecondary institution
shall provide information on the risks of meningococcal disease and on the availability and
effectiveness of any vaccine to each individual who is a first-time enrollee and who resides
in on-campus student housing. The institution may provide the information in an electronic
format. The institution must consult with the Department of Health on the preparation of the
informational materials provided under this subdivision.
Subd. 7. 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 education; 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
(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.
History: 1989 c 215 s 8; 1989 c 246 s 2; 1995 c 212 art 3 s 59; 1Sp1995 c 3 art 16 s 13;
1996 c 398 s 28; 1998 c 397 art 11 s 3; 1999 c 214 art 2 s 2; 1Sp2001 c 9 art 1 s 26; 2002 c 379
art 1 s 113; 2003 c 130 s 12; 2003 c 133 art 2 s 2; 2005 c 107 art 2 s 60