HF4439

Purpose

This bill aims to change immunization provisions in Minnesota by updating the definitions and the process for establishing immunization schedules for schools and child care settings. It also repeals a Minnesota Rules provision related to immunization requirements.

Main Provisions

• Definitions updated (Section 121A.15, subdivision 9):

  • Elementary or secondary school: Now includes public schools and nonpublic schools, as well as church or religious organizations or home schools that follow specific state education requirements.
  • Person enrolled in any elementary or secondary school: Includes someone born after 1956 who is in kindergarten through 12th grade, plus children with disabilities receiving required special instruction and services (with certain exclusions).
  • Child care facility: Includes programs that require licensing under state rules.
  • Family child care: Care for up to 10 children at a time, with no more than six under school age; the licensed capacity covers all children present.
  • Group family child care: Care for up to 14 children at a time; counts all children when present.
  • Medically acceptable standards: The immunization schedule must be determined by the Commissioner of Health, based on evidence-based medical science, and must consider recommendations from major medical groups (CDC ACIP, American Academy of Pediatrics, American Academy of Family Physicians). This determination is exempt from standard state rulemaking.

• Rule repeal:

  • Repeals Minnesota Rules part 4604.0200 subpart 2a, removing that specific rule from governing immunization requirements.

• Relationship to existing law:

  • The bill amends Minnesota Statutes 2024 sections 121A.15 (subdivisions 9 and related), 12, and 135A.14 (subdivision 7) to incorporate these changes.

Significant Changes to Existing Law

• Shifts immunization policy to be defined by the state health commissioner rather than by fixed existing rules, using an evidence-based framework and input from major medical bodies.
• Broadens or clarifies who is covered by school and child care immunization policies by refining definitions of schools, enrollment, and types of child care (family and group family care).
• Establishes that immunization schedules must be “medically acceptable standards” based on current science and national guidelines, and that the commissioner’s determinations are not subject to ordinary rulemaking.
• Removes a specific Minnesota Rule (part 4604.0200 subpart 2a) from the framework.

Relevant Terms - immunization schedule - Commissioner of Health - medially acceptable standards / medically acceptable standards - Center for Disease Control and Prevention Advisory Committee on Immunization Practices (ACIP) - American Academy of Pediatrics (AAP) - American Academy of Family Physicians (AAFP) - elementary or secondary school - public school - nonpublic school - child care facility - family child care - group family child care - Minnesota Rules part 4604.0200 subpart 2a - Minnesota Statutes 2024 section 121A.15 - 125A.03 to 125A.24 and 125A.65 (special instruction and services)