Bill Summary – FastDemocracy

                                                     Unofficial Draft Copy
****                                                 As of: 11/15/2024, 08:50:07
69th Legislature 2025                                Drafter: Chanan Brown, ****                                    LC 1427
                                                    **** BILL NO. ****
                                                  INTRODUCED BY ****
  3
  A BILL FOR AN ACT ENTITLED: “AN ACT REQUIRING ACCEPTANCE OF RELIGIOUS EXEMPTIONS TO
  REQUIRED IMMUNIZATIONS; PROVIDING RELIEF FOR VIOLATIONS OF RELIGIOUS EXEMPTIONS;
  PROVIDING A DEFINITION; AMENDING SECTION 20-5-405, MCA; AND PROVIDING AN IMMEDIATE
  EFFECTIVE DATE.”
  8
  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
 10
          NEW SECTION. Section 1.            Acceptance of religious exemptions to immunizations required --
  immunity -- definition. (1) For the purposes of this chapter, discrimination on the basis of religion includes
  denials of requests for an exemption from an otherwise required immunization, as the term is defined in 20-5-
  402, based on the individual's religion.
          (2)      A person that accepts an individual's religious exemption from an immunization is not liable for
  civil damages from any injury arising out of the individual's non-immunized status.
          (3)      For the purposes of this section, "religion" means a sincerely held belief of a religious
  character, as contracted with a purely secular view. The belief may be personal to the individual and does not
  need to be connected to or consistent with the beliefs or tenets of an established church, sect, or denomination.
 20
          NEW SECTION. Section 2.            Acceptance of religious exemption from immunization. (1) For the
  purposes of this chapter, discrimination on the basis of religion includes denials of requests for an exemption
  from an otherwise required immunization, as the term is defined in 20-5-402, based on the individual's religion.
          (2)      For the purposes of this section, "religion" has the meaning provided in [section 1].
 25
          Section 3. Section 20-5-405, MCA, is amended to read:
          "20-5-405.   Exemptions -- limitations on agency actions. (1) (a) There is a religious exemption to
  the immunizations required under 20-5-403. A person enrolled or seeking to enroll in school may attend the
                                                                -1-                                                 LC 1427
                                                   Unofficial Draft Copy
****                                               As of: 11/15/2024, 08:50:07
69th Legislature 2025                              Drafter: Chanan Brown, ****                                     LC 1427
  school without obtaining the immunizations required under 20-5-403 if the person files with the governing
  authority an a notarized affidavit on a form prescribed by the department stating that immunization is contrary to
  the religious tenets and practices of the signer person's religion.
          (b)      The statement must be signed:
          (i)      by the person enrolled or seeking to enroll in the school, if the person is an adult; or
          (ii)     if the person is a minor, by a parent, guardian, or adult who has the responsibility for the care
  and custody of the minor.
          (c)      The statement must be maintained as part of the person's immunization records.
          (2)      (a) There is a medical exemption to the immunizations required under 20-5-403. A person
  enrolled or seeking to enroll in school may attend the school without obtaining the immunizations if a written
  medical exemption statement signed by a health care provider specified in subsection (2)(c) is filed with the
  governing authority. The medical exemption statement must:
          (i)      attest that the physical condition of the person enrolled or seeking to enroll in school or the
  medical circumstances relating to the person indicate that some or all of the required immunizations are not
  considered safe; and
          (ii)     indicate the specific nature and probable duration of the medical condition or circumstances
  that contraindicate immunization.
          (b)      The person is exempt from the requirements of this part to the extent indicated by the medical
  exemption statement.
          (c)      The medical exemption statement must be signed by a person who:
          (i)      is licensed, certified, or otherwise authorized by the laws of any state or Canada to provide
  health care as defined in 50-16-504;
          (ii)     is authorized within the person's scope of practice to administer the immunizations to which the
  exemption applies; and
          (iii)    has previously provided health care to the person seeking the exemption or has administered
  an immunization to which the person seeking an exemption has had an adverse reaction.
          (3)      (a) The department may not require an exemption form under this section that imposes
  requirements that are more burdensome or otherwise in excess of the requirements described in this section. A
                                                               -2-                                                 LC 1427
                                                    Unofficial Draft Copy
****                                                As of: 11/15/2024, 08:50:07
69th Legislature 2025                               Drafter: Chanan Brown, ****                                      LC 1427
  form prescribed by the department that contains requirements not expressly described in this section is void to
  the extent that it purports to impose requirements not included in this section.
          (b)      A governing authority may not deny an exemption on the basis that a person has not
  completed portions of the exemption form that are void under this subsection (3).
          (c)      The department is not authorized to review a completed medical exemption statement or
  medical exemption form for the purpose of granting or denying a medical exemption.
          (d)      An exemption statement or form under this section must be maintained as part of the person's
  immunization records and may not be photocopied or otherwise duplicated for use by a third party without the
  permission of the student's parent or, if the student is an adult, the written consent of the student.
          (4)      Whenever there is good cause to believe that a person for whom an exemption has been filed
  under this section has a disease or has been exposed to a disease listed in 20-5-403 or will as the result of
  school attendance be exposed to the disease, the person may be excluded from the school by the local health
  officer or the department until the excluding authority is satisfied that the person no longer risks contracting or
  transmitting that disease.
          (5)      For the purposes of this section, "religion" has the meaning provided in [section 1]."
 16
          NEW SECTION. Section 4.          Codification instruction. (1)     [Section 1] is intended to be codified as
  an integral part of Title 49, chapter 2, part 3, and the provisions of Title 49, chapter 2, part 3, apply to [section
  1].
          (2)   [Section 2] is intended to be codified as an integral part of Title 49, chapter 2, part 1, and the
  provisions of Title 49, chapter 2, part 1, apply to [section 2].
 22
          NEW SECTION. Section 5.          {standard} Effective date. [This act] is effective on passage and
  approval.
                                                          - END -
                                                                 -3-                                                 LC 1427
