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TITLE 20-A: EDUCATION
PART 3. ELEMENTARY AND SECONDARY EDUCATION
CHAPTER 223. HEALTH, NUTRITION AND SAFETY
SUBCHAPTER II. IMMUNIZATION
20-A M.R.S. § 6353 (2006)
§6353. Definitions
As used in this subchapter, unless the context
indicates otherwise, the following terms have the following meanings.
[1983, c. 661, §8 (new).]
1. Certificate of immunization. "Certificate
of immunization" means a written statement from a physician,
nurse or health official who has administered an immunizing agent
to a child, specifying the dosage administered and the date it
was administered.[1983, c. 661, §8 (new).]
2. Child. "Child" means and includes every child entering
school.[1983, c. 661, §8 (new).]
3. Disease. "Disease" means those conditions that are
preventable by immunizing agent, as specified in rules.[2001,
c. 326, §1 (amd).]
4. Immunizing agent. "Immunizing agent" means a vaccine,
antitoxin or other substances used to increase an individual's
immunity to a disease.[1983, c. 661, §8 (new).]
5. Parent. "Parent" means a child's parent, legal guardian
or custodian. A person shall be regarded as a child's custodian
if that person is an adult and has assumed legal charge and care
of the child.[1983, c. 661, §8 (new).]
6. Public health official. "Public health official"
means a local health officer, the Director of the Bureau of Health,
Department of Health and Human Services, or any designated employee
or agent of the Department of Health and Human Services.[1983,
c. 661, §8 (new); 2003, c. 689, Pt. B, §6 (rev).]
7. School. "School" means any public or private elementary
or secondary school in the State.[1983, c. 661, §8 (new).]
8. Superintendent. "Superintendent" means the superintendent
of schools of a school administrative unit, or a person designated
by the superintendent, and the chief administrative officer of
a private school.[1983, c. 661, §8 (new).]
20-A M.R.S. § 6354 (2006)
§ 6354. Immunization
1. IMMUNIZATION REQUIRED. Except as otherwise
provided under this subchapter, every parent shall cause to be administered
to his child an adequate dosage of an immunizing agent against each
disease.
2. IMMUNIZING AGENT TO MEET STANDARDS. Any such immunizing agent
shall meet standards for such biological products, approved by the
United States Public Health Service and the dosage requirement specified
by the Department of Human Services.
20-A M.R.S. § 6355 (2006)
§ 6355.
Enrollment in school
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 that is contrary to the immunization
requirement of this subchapter or an opposition to the immunization
for philosophical reasons.
20-A M.R.S. § 6358 (2006)
§ 6358. Rules;
requirements; reports
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
school record keeping and reporting requirements or guidelines and
procedures for the exclusion of non-immunized 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.
2. LOCAL REQUIREMENTS AUTHORIZED. Immunization requirements more
stringent than the provisions of this subchapter may be adopted
by ordinance enacted by a municipality, by regulation of a school
board or by policy of a private school's governing board.
20-A M.R.S. § 6359 (2006)
§ 6359. Immunization of students
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.
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.
C. "Disease" means those conditions that are preventable
by immunizing agent, as specified in rules.
D. "Immunizing agent" means a vaccine, toxoid or other
substance used to increase an individual's immunity to a disease.
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.
F. "Public health official" means the Director of the
Bureau of Health or any designated employee or agent of the Department
of Human Services.
G. "School" means any public or private, post-secondary
school in the State including, but not limited to colleges, universities,
technical colleges and schools for the health professions.
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.
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.
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.
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. 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.
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 equirement of this subchapter or an opposition to
the immunization for philosophical reasons.
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.
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.
6. RULES; REQUIREMENTS; REPORTS. 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.
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.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
DIVISION OF LICENSING AND REGULATORY SERVICES
COMMUNITY SERVICES PROGRAMS
10-148: OFFICE OF CHILD AND FAMILY SERVICES
CHAPTER 32: RULES FOR LICENSING OF CHILD CARE FACILITIES
SECTION XVIII. HEALTH/MEDICAL
A. Immunization
1. Certificate of immunization for children.
For each child who is not attending public or private school,
the facility shall require and have on file, within thirty (30)
days of the child's first admission to the facility, and updated
annually thereafter, a Certificate of Immunization which clearly
illustrates each child's present immunization status. Each child's
record must reflect an up-to-date status according to the Day
Care Immunization Standards set forth by the Maine Bureau of Health
Immunization Program (based on recommendations made by the Centers
for Disease Control's Advisory Committee on Immunization Practices).
Dates of immunization (month/day/year) and
vaccine type shall be on file for each of the following vaccine-preventable
diseases:
a) Measles;
b) Mumps;
c) Rubella;
d) Diphtheria;
e) Pertussis;
f) Polio;
g) Tetanus;
h) Haemophilus influenzae Type b;
i) Varicella;
j) Hepatitis B; and
k) Pneumococcal conjugate;
2. Blood test demonstrating immunity. A blood
test demonstrating immunity to measles, mumps, and rubella can
be provided as proof of immunity. Evidence of this shall be kept
on file, and updated in a timely manner.
3. Exceptions to proof of immunity. No child
shall be required under this rule to have any such immunization
if his/her parent(s) states in writing a sincere religious or
philosophical belief that it is contrary to the immunization requirements
of this subsection or if the child's physician submits documentation
that immunization against one or more of the diseases is medically
inadvisable. A written statement must be included in the record
of any child for whom such an exemption is being claimed. In the
event of a disease outbreak, children not vaccinated for religious,
philosophical, or medical reasons must be excluded from the program
until the outbreak no longer exists, or until the child receives
the necessary immunization.
4. Certificate of immunization for staff. For
staff born after 1956, the facility shall obtain and have available
a Certificate of Immunization for measles, mumps, rubella, tetanus
and diphtheria. A laboratory blood test proving immunity may also
be accepted. Documentation of immunity against measles, mumps
and rubella is not required for staff born prior to 1957. No person
shall be required to provide such documentation if she/he provides
in writing the opposition for sincere religious or philosophical
reasons or provides written documentation from a physician that
such immunization is medically inadvisable.
5. Documenting exemptions to immunization.
The facility shall maintain a list of enrollees and staff exempted
for religious, philosophical or medical reasons.
6. Immunization records and reporting requirements.
The facility shall make immunization records available to the
Department of Health and Human Services Bureau of Health upon
request.
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