§6359. Immunization of students

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1.  Definitions.  As used in this section, unless the context indicates otherwise, the following terms have the following meanings.

A. "Certificate of immunization" means a written statement from a physician, nurse or public health official who has administered an immunizing agent to a student, specifying the dosage administered and the date it was administered.   [PL 1991, c. 146, §1 (AMD).]

B. "Chief administrative officer" means the person designated by the legal governing authority as president, administrator or director of a public or private post-secondary school.   [PL 1985, c. 771, §§2, 7 (NEW).]

C. "Disease" means those conditions that are preventable by immunizing agent, as specified in rules.   [PL 2001, c. 326, §4 (AMD).]

D. "Immunizing agent" means a vaccine, toxoid or other substance used to increase an individual's immunity to a disease.   [PL 1991, c. 146, §1 (AMD).]

E. "Parent" means a student's parent, legal guardian or custodian. A person shall be regarded as a student's custodian if that person is an adult and has assumed legal charge and care of the student.   [PL 1985, c. 771, §§2, 7 (NEW).]

F. "Public health official" means the Director of the Bureau of Health or any designated employee or agent of the Department of Health and Human Services.   [PL 1991, c. 146, §1 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

G. "School" means any public or private, post-secondary school in the State including, but not limited to colleges, universities, community colleges and schools for the health professions.   [PL 1989, c. 443, §22 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]

G-1. "School health provider" means a physician, physician's assistant, registered nurse or nurse practitioner licensed to practice by the State and appointed by the chief administrative officer to provide health care to the student population.   [PL 1991, c. 146, §2 (NEW).]

H. "Student" means any person born after 1956 who attends school full time or who is a candidate for a degree, diploma or graduate certificate.   [PL 1987, c. 71 (RPR).]

[PL 2001, c. 326, §4 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF); PL 2003, c. 689, Pt. B, §6 (REV).]

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 Health and Human Services.

[PL 2001, c. 326, §5 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

3.  Enrollment of school.  No chief administrative officer may permit any student 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.

A. (TEXT EFFECTIVE PENDING PEOPLE'S VETO REFERENDUM ON 3/3/20) The parent or the student provides a physician's written statement or a written statement from a school health provider that immunization against one or more of the diseases may be medically inadvisable.   [PL 1991, c. 146, §3 (AMD).]

A. (TEXT AS AMENDED BY PL 2019, CHAPTER 154 AND SUSPENDED PENDING PEOPLE'S VETO REFERENDUM ON 3/3/20) The parent or the student provides a written statement from a licensed physician, nurse practitioner or physician assistant that, in the physician's, nurse practitioner's or physician assistant's professional judgment, immunization against one or more of the diseases may be medically inadvisable.   [PL 2019, c. 154, §5 (AMD).]

B. (TEXT EFFECTIVE PENDING PEOPLE'S VETO REFERENDUM ON 3/3/20) (TEXT EFFECTIVE UNTIL 9/1/21) 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.   [PL 2001, c. 326, §6 (AMD).]

B. (TEXT AS REPEALED BY PL 2019, CHAPTER 154 AND SUSPENDED PENDING PEOPLE'S VETO REFERENDUM ON 3/3/20) (TEXT REPEALED ON 9/1/21) [PL 2019, c. 154, §6 (RP); PL 2019, c. 154, §12 (AFF).]

[PL 2001, c. 326, §6 (AMD); PL 2019, c. 154, §§5, 6 (AMD); PL 2019, c. 154, §12 (AFF).]

4.  Exclusion from school.  When a public health official has reason to believe that the continued presence in a school of a student who has not been immunized against one or more diseases presents a clear danger to the health of others, the public health official shall notify the chief administrative officer of the school. The chief administrative officer shall cause the student to be excluded from school during the period of danger or until the student receives the necessary immunizing agent.

[PL 1985, c. 771, §§2, 7 (NEW).]

5.  Records; report.  Each chief administrative officer shall keep uniform records of the immunizations and immunization status of each student, based on the certificate of immunization, other acceptable evidence and other available documents. The records shall be part of the student's permanent records.

By December 15th of each year, each chief administrative officer shall submit to the Director of the Bureau of Health a summary report of immunization status of the students entering school, as prescribed by rule. A blank summary report form will be provided to each chief administrative officer by the Bureau of Health.

[PL 1985, c. 771, §§2, 7 (NEW).]

6.  Rules; requirements; reports.  (TEXT EFFECTIVE PENDING PEOPLE'S VETO REFERENDUM ON 3/3/20) The Director of the Bureau of Health shall adopt rules necessary for the effective implementation of this subchapter, including, but not limited to, rules establishing immunization requirements and medical exceptions to receiving vaccines or toxoids for each disease, school record keeping and reporting requirements or guidelines and procedures for the exclusion of nonimmunized students from school.

Immunization requirements more stringent than the provisions of this subchapter may be adopted by a school board or by policy of a private school's governing board.

[PL 1991, c. 146, §4 (AMD).]

6.  Rules; requirements; reports.  (TEXT AS AMENDED BY PL 2019, CHAPTER 154 AND SUSPENDED PENDING PEOPLE'S VETO REFERENDUM ON 3/3/20) The Director of the Maine Center for Disease Control and Prevention within the Department of Health and Human Services shall adopt rules necessary for the effective implementation of this subchapter, including, but not limited to, rules establishing immunization requirements for each disease, school record keeping and reporting requirements or guidelines and procedures for the exclusion of nonimmunized students from school. The rules may not include any provision governing medical exemptions. Rules adopted pursuant to this subchapter are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A except that 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 2‑A.

Immunization requirements more stringent than the provisions of this subchapter may be adopted by a school board or by policy of a private school's governing board.

[PL 2019, c. 154, §7 (AMD).]

A student who is enrolled in a distance education program offered by a school and who does not physically attend any classes or programs at a school facility, including a campus, center or site of that school, or at a school facility, including a campus, center or site of any other school, is exempt from the provisions of this section.   [PL 2001, c. 87, §1 (NEW).]

SECTION HISTORY

PL 1985, c. 771, §§2,7 (NEW). PL 1987, c. 71 (AMD). PL 1989, c. 443, §22 (AMD). PL 1991, c. 146, §§1-4 (AMD). PL 2001, c. 87, §1 (AMD). PL 2001, c. 326, §§4-6 (AMD). PL 2003, c. 20, §OO2 (AMD). PL 2003, c. 20, §OO4 (AFF). PL 2003, c. 689, §B6 (REV). PL 2019, c. 154, §§5-7 (AMD). PL 2019, c. 154, §12 (AFF).