HP0419, LD 606, item 1, An Act To Remove the Philosophical Exemption from the Immunization Requirements for School Students and Employees of Nursery Schools and Health Care Facilities

An Act To Remove the Philosophical Exemption from the Immunization Requirements for School Students and Employees of Nursery Schools and Health Care Facilities

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 20-A MRSA §6355, sub-§3, as amended by PL 2001, c. 326, §2, is further amended to read:

3. Religious exemption. The parent states in writing a sincere religious belief that is contrary to the immunization requirement of this subchapter or an opposition to the immunization for philosophical reasons.

Sec. 2. 20-A MRSA §6359, sub-§3, ¶B, as amended by PL 2001, c. 326, §6, is further amended to read:

B. The student or the parent, if the student is a minor, states in writing a sincere religious belief , which is contrary to the immunization requirement of this subchapter or an opposition to the immunization for philosophical reasons.

Sec. 3. 22 MRSA §802, sub-§4-B, ¶B, as enacted by PL 2001, c. 185, §2, is amended to read:

B. A religious or philosophical exemption is available to an employee who states in writing a sincere religious or philosophical belief that is contrary to the immunization requirement of this subchapter.

Sec. 4. 22 MRSA §8402, sub-§3, ¶A, as amended by PL 2001, c. 645, §10, is further amended to read:

A. The department shall adopt rules regarding the health of staff as required to protect the health and safety of the children. The rules must include a requirement that every 2 years each licensee, administrator or other staff member of the nursery school who provides care for children be declared free from communicable disease by a licensed physician, except that this requirement may be waived for a person who objects on the grounds of sincerely held religious or philosophical belief. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter II-A 2-A.

Sec. 5. Rules. The Department of Health and Human Services shall amend its rules to remove any rules exempting persons from immunization requirements because of their philosophical beliefs. Rules adopted pursuant to this section are routine technical rules pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.

SUMMARY

Current law allows exemptions because of a person's philosophical beliefs from immunization requirements for students in elementary and secondary schools and postsecondary schools and employees of nursery schools and health care facilities. This bill removes those exemptions. The bill also directs the Department of Health and Human Services to remove any immunization exemptions because of philosophical beliefs from its rules.

HP0419 LD 606	Session - 127th Maine Legislature		LR 1123 Item 1
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