Maine Revised Statutes Title 20-A Sec. 6355 – Enrollment in school
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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. [PL 2001, c. 326, §2 (AMD).]
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.
[PL 1983, c. 661, §8 (NEW).]
Terms Used In Maine Revised Statutes Title 20-A Sec. 6355
- 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. See Maine Revised Statutes Title 20-A Sec. 6353
- Child: means and includes every child entering school. See Maine Revised Statutes Title 20-A Sec. 6353
- Disease: means those conditions that are preventable by immunizing agent, as specified in rules. See Maine Revised Statutes Title 20-A Sec. 6353
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Parent: means a child's parent, legal guardian or custodian. See Maine Revised Statutes Title 20-A Sec. 6353
- School: means any public or private elementary or secondary school in the State. See Maine Revised Statutes Title 20-A Sec. 6353
- 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. See Maine Revised Statutes Title 20-A Sec. 6353
2. Medical exemption. The parent or the child provides a written statement from a licensed physician, nurse practitioner or physician assistant that, in the licensed 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, §1 (AMD).]
3. Philosophical or religious exemption.
[PL 2019, c. 154, §2 (RP); PL 2019, c. 154, §12 (AFF).]
4. Student covered by individualized education plan. A student covered by an individualized education plan on September 1, 2021 who elected a philosophical or religious exemption from immunization requirements on or before September 1, 2021 pursuant to the law in effect prior to that date may continue to attend school under that student’s existing exemption as long as:
A. The parent or guardian of the student provides a statement from a licensed physician, nurse practitioner or physician assistant that the physician, nurse practitioner or physician assistant has consulted with that parent or guardian and has made that parent or guardian aware of the risks and benefits associated with the choice to immunize; or [PL 2019, c. 154, §3 (NEW).]
B. If the student is 18 years of age or older, the student provides a statement from a licensed physician, nurse practitioner or physician assistant that the physician, nurse practitioner or physician assistant has consulted with that student and has made that student aware of the risks and benefits associated with the choice to immunize. [PL 2019, c. 154, §3 (NEW).]
[PL 2019, c. 154, §3 (NEW).]
SECTION HISTORY
PL 1983, c. 661, §8 (NEW). PL 2001, c. 326, §2 (AMD). PL 2019, c. 154, §§1-3 (AMD). PL 2019, c. 154, §12 (AFF).