CHAPTER 326
H.P. 1163 - L.D. 1563
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 20-A MRSA §6353, sub-§3, as enacted by PL 1983, c. 661, §8, is amended to read:
3. Disease. "Disease" means diptheria, measles, mumps, pertussis, poliomyelitis, rubella and tetanus those conditions that are preventable by immunizing agent, as specified in rules.
Sec. 2. 20-A MRSA §6355, as enacted by PL 1983, c. 661, §8, is amended to read:
No A superintendent may not permit any child to be enrolled in or to attend school without a certificate of immunization for each disease or other acceptable evidence of required immunization or immunity against the disease, except as follows.
1. Written assurance. The parent provides a written assurance the child will be immunized within 90 days by private effort or provides, where applicable, a written consent to the child's immunization by a health officer, physician, nurse or other authorized person in public or private employ.
2. Medical exemption. The parent or the child provides a physician's written statement that immunization against one or more of the diseases may be medically inadvisable.
3. Philosophical or religious exemption. The parent states in writing a sincere religious belief which that is contrary to the immunization requirement of this subchapter or an opposition to the immunization for moral, philosophical or other personal reasons.
Sec. 3. 20-A MRSA §6358, sub-§1, as enacted by PL 1983, c. 661, §8, is amended to read:
1. Rules authorized. The commissioner and the Director of the Bureau of Health, Department of Human Services, shall jointly issue rules necessary for the effective implementation of this subchapter, including, but not limited to, rules specifying those diseases for which immunization is required and establishing immunization requirements for each disease, school record keeping and reporting requirements or guidelines and procedures for the exclusion of nonimmunized children from school. Rules adopted pursuant to this subchapter specifying the diseases for which immunization is required are major substantive rules as defined in Title 5, chapter 375, subchapter II-A.
Sec. 4. 20-A MRSA §6359, sub-§1, ¶C, as amended by PL 1991, c. 146, §1, is further amended to read:
C. "Disease" means diphtheria, measles, mumps, rubella and tetanus those conditions that are preventable by immunizing agent, as specified in rules.
Sec. 5. 20-A MRSA §6359, sub-§2, as enacted by PL 1985, c. 771, §§2 and 7, is amended to read:
2. Immunization. Except as otherwise provided under this section, every student shall have administered an adequate dosage of an immunizing agent against each disease as specified by rule.
Any such immunizing agent shall meet standards for the biological products, approved by the United States Public Health Service and the dosage requirement specified by the Department of Human Services.
Sec. 6. 20-A MRSA §6359, sub-§3, ¶B, as enacted by PL 1985, c. 771, §§2 and 7, is 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 moral, philosophical or other personal reasons.
Effective September 21, 2001, unless otherwise indicated.
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