Bill Summary – FastDemocracy

67th Legislature                                                                                                     HB 334.1
                                                     HOUSE BILL NO. 334
                                               INTRODUCED BY J. CARLSON
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   A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATED TO THE MEDICAL EXEMPTION TO
   STUDENT IMMUNIZATION REQUIREMENTS; ESTABLISHING REQUIREMENTS FOR MEDICAL
   EXEMPTION FORMS; ESTABLISHING LIMITATIONS ON EXAMINATION AND USE OF IMMUNIZATION
   RECORDS; AMENDING SECTIONS 20-5-403, 20-5-405, 20-5-406, AND 20-5-408, MCA; AND PROVIDING
   AN EFFECTIVE DATE.”
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   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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              Section 1. Section 20-5-403, MCA, is amended to read:
              "20-5-403.    Immunization required -- release and acceptance of immunization records. (1) The
   governing authority of any school other than a postsecondary school may not allow a person to attend as a
   pupil unless the person:
              (a)   has been immunized against varicella, diphtheria, pertussis, tetanus, poliomyelitis, rubella,
   mumps, and measles (rubeola) in the manner and with immunizing agents approved by the department;
              (b)   has been immunized against Haemophilus influenza type "b" before enrolling in a preschool if
   under 5 years of age;
              (c)   qualifies for conditional attendance; or
              (d)   files for an exemption as provided in 20-5-405.
              (2)   (a) The governing authority of a postsecondary school may not allow a person to attend as a pupil
   unless the person:
              (i)   has been immunized against rubella and measles (rubeola) in the manner and with immunizing
   agents approved by the department; or
              (ii) files for an exemption as provided in 20-5-405.
              (b)   The governing authority of a postsecondary school may, as a condition of attendance, impose
   immunization requirements as a condition of attendance that are more stringent than those required by this
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67th Legislature                                                                                                     HB 334.1
   part.
              (3)   A pupil who transfers from one school district to another may photocopy immunization records in
   the possession of the school of origin. The school district to which a pupil transfers shall accept the photocopy
   as evidence of immunization. Within 30 days after a transferring pupil ceases attendance at the school of origin,
   the school shall retain a certified copy for the permanent record and send the original immunization records for
   the pupil to the school district to which the pupil transfers."
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              Section 2. Section 20-5-405, MCA, is amended to read:
              "20-5-405.    Medical or religious exemptionExemptions -- limitations on agency actions. (1) (a)
   There is a religious exemption to the immunizations required under 20-5-403. When a parent, guardian, or adult
   who has the responsibility for the care and custody of a minor seeking to attend school or the person seeking to
   attend school, if an adult, signs and files with the governing authority, prior to the commencement of attendance
   each school year, A person enrolled or seeking to enroll in school may attend the school without obtaining the
   immunizations if the person files with the governing authority a notarized affidavit on a form prescribed by the
   department stating that immunization is contrary to the religious tenets and practices of the signer,
   immunization of the person seeking to attend the school may not be required prior to attendance at the school.
              (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.
              (d)   A person who falsely claims a religious exemption is subject to the penalty for false swearing as
   provided in 45-7-202.
              (2)   (a) There is a medical exemption to the immunizations required under 20-5-403. When a parent,
   guardian, or adult who has the responsibility for the care and custody of a minor seeking to attend school or the
   person seeking to attend school, if an adult, files with the governing authority 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 physician licensed to practice medicine in any jurisdiction of the United States or Canada
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67th Legislature                                                                                                       HB 334.1
   a health care provider specified in subsection (2)(c) is filed with the governing authority.stating The medical
   exemption statement must:
              (i)   attest that the physical condition of the person enrolled or seeking to attend 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) indicating indicate the specific nature and probable duration of the medical condition or
   circumstances that contraindicate immunization,.
              (b)    the The person is exempt from the requirements of this part to the extent indicated by the
   physician's medical exemption statement.
              (c) The medical exemption statement must be signed by a person who is licensed to provide health
   care as defined in 50-16-803(1) in the United States or Canada and who has:
              (i)   previously provided health care to the person seeking the exemption; or
              (ii) administered an immunization to which the person has had an adverse reaction.
              (d)   The medical exemption statement 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 permission of the
   student's parent or, if the student is an adult, the written consent of the student.
              (3)   (a) The department may not require a medical exemption form that imposes requirements that are
   more burdensome or otherwise in excess of the requirements described in this section. A 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 a medical exemption on the basis that a person has not
   completed portions of the medical 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.
              (3)(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
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67th Legislature                                                                                                       HB 334.1
   transmitting that disease."
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              Section 3. Section 20-5-406, MCA, is amended to read:
              "20-5-406.    Immunization record. The governing authority of each school shall require written
   evidence of each pupil's immunization against the diseases listed in 20-5-403 and shall record the immunization
   status, including any exemptions, of each pupil as part of the pupil's permanent school record on a form
   prescribed by the department."
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              Section 4. Section 20-5-408, MCA, is amended to read:
              "20-5-408.    Enforcement. (1) The governing authority of any school other than a postsecondary
   school shall prohibit from further attendance any pupil allowed to attend conditionally who has failed to obtain
   the immunizations required by 20-5-403(1) within time periods established by the department until that pupil
   has been immunized as required by the department or unless that pupil has been exempted under 20-5-405.
              (2)   Each governing authority shall file a written report on the immunization status of all pupils under its
   jurisdiction with the department and the local health department at times and on forms prescribed by the
   department. The report must conform with the provisions of the Family Educational Rights and Privacy Act of
   1974, 20 U.S.C. 1232g, as amended, and its implementing regulations at 34 CFR, part 99.
              (3)   The local and state health departments shall have access to all All information relating to
   immunization of any pupil in any school must be made available to the local and state health departments to
   view at the school but may not be copied, recorded, photographed, or otherwise replicated by the local or state
   health department and must remain solely in the school's possession."
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              NEW SECTION. Section 5.         Notification to tribal governments. The secretary of state shall send a
   copy of [this act] to each federally recognized tribal government in Montana.
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              NEW SECTION. Section 6.         Effective date. [This act] is effective July 1, 2021.
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                                                                   -4-                      Authorized Print Version – HB 334
Statutes affected: 
HB0334_1.pdf: 20-5-403, 20-5-405, 20-5-406, 20-5-408
HB0334_2.pdf: 20-5-403, 20-5-405, 20-5-406, 20-5-408
HB0334_3.pdf: 20-5-403, 20-5-405, 20-5-406, 20-5-408
HB0334_4.pdf: 20-5-403, 20-5-405, 20-5-406, 20-5-408
HB0334_X.pdf: 20-5-403, 20-5-405, 20-5-406, 20-5-408
Amended: 20-5-403, 20-5-405, 20-5-406, 20-5-408
Introduced: 20-5-403, 20-5-405, 20-5-406, 20-5-408