2015 Montana Legislature

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HOUSE BILL NO. 158

INTRODUCED BY M. MACDONALD

 

AN ACT GENERALLY REVISING SCHOOL IMMUNIZATION LAWS; ADDING VARICELLA TO THE LIST OF REQUIRED IMMUNIZATIONS; REVISING REQUIREMENTS RELATED TO THE PERTUSSIS VACCINATION; AND AMENDING SECTIONS 20-5-403 AND 20-5-404, MCA.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     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, except that pertussis vaccination is not required for a person 7 years of age or older;

     (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.

     (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.

     (b)  The governing authority of a postsecondary school may impose immunization requirements as a condition of attendance that are more stringent than those required by this 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."

 

     Section 2.  Section 20-5-404, MCA, is amended to read:

     "20-5-404.  Conditional attendance. The governing authority of a school other than a postsecondary school may allow the commencement of attendance in school by a person who has not been immunized against each disease listed in 20-5-403 if that person has received one or more doses of polio, measles (rubeola), mumps, rubella, diphtheria, pertussis, Haemophilus influenza type "b", and tetanus vaccine the vaccine for each disease listed in 20-5-403, except that pertussis vaccine is not required for a person 7 years of age or older and Haemophilus influenza type "b" vaccine is required only for children under 5 years of age."

- END -

 


Latest Version of HB 158 (HB0158.ENR)
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