 The U.S. State of Maine
Allows:
 Medical exemptions
Religious exemptions
Philosophical (conscientious objector, personal belief) exemptions
PART 3. ELEMENTARY AND SECONDARY EDUCATION
CHAPTER 223. HEALTH, NUTRITION AND SAFETY
SUBCHAPTER II. IMMUNIZATION
20-A M.R.S. § 6354 (2003)
§ 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 (2001)
§ 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 (2003)
§ 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 (2001)
§ 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 requirement 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.
Maryland - Legal Rights
EDUCATION DIVISION II.
ELEMENTARY AND SECONDARY EDUCATION
TITLE 7. PUBLIC SCHOOLS
SUBTITLE 4. HEALTH AND SAFETY OF STUDENTS
Md. EDUCATION Code Ann. § 7-403 (2002)
FIRST OF TWO VERSIONS OF THIS SECTION
§ 7-403. Immunizations [Amendment subject to abrogation]
(a) Rules and regulations.
(1) In cooperation with the State Board and the Statewide Advisory Commission on Immunizations, the Department of Health and Mental Hygiene shall adopt rules and regulations regarding the immunizations and blood tests for lead poisoning required of children entering schools.
(2) These rules and regulations shall:
(i) Be adopted in compliance with the Administrative Procedure Act;
(ii) Provide that any child may have the immunization administered by his personal physician; and
(iii) 1. By September 2003, in areas designated as at risk for lead poisoning, as determined under § 18-106 of the Health-General Article, when a child enters a public pre-kindergarten program, kindergarten program, or first grade, require the parent or legal guardian of the child to provide evidence of the results of the child's blood tests for lead poisoning administered in accordance with the guidelines of the Centers for Disease Control and Prevention in the screening of young children for lead poisoning: Guidance for State and Local Public Health Officials (November 1997) and any subsequent guidelines; and
2. By September 2003, require a program or school to report the information received under sub-subparagraph 1 of this subparagraph to the local health department in the jurisdiction where the child resides.
(3) Any requirement for the administration of pertussis vaccine shall be consistent with § 18-332 (b) of the Health-General Article.
(b) Exception.
(1) Unless the Secretary of Health and Mental Hygiene declares an emergency or an epidemic of disease, a child whose parent or guardian objects to immunization on the ground that it conflicts with the parent's or guardian's bona fide religious beliefs and practices may not be required to present a physician's certification of immunization in order to be admitted to school.
(2) The Secretary of Health and Mental Hygiene shall adopt rules and regulations for religious exemptions under this subsection.
SECOND OF TWO VERSIONS OF THIS SECTION
§ 7-403. Immunizations (Abrogation of amendment effective May 31, 2005.)
(a) Rules and regulations.
(1) In cooperation with the State Board and the Medical and Chirurgical Faculty of Maryland, the Department of Health and Mental Hygiene shall adopt rules and regulations regarding the immunizations and blood tests for lead poisoning required of children entering schools.
(2) These rules and regulations shall:
(i) Be adopted in compliance with the Administrative Procedure Act;
(ii) Provide that any child may have the immunization administered by his personal physician; and
(iii) 1. By September 2003, in areas designated as at risk for lead poisoning, as determined under § 18-106 of the Health-General Article, when a child enters a public pre-kindergarten program, kindergarten program, or first grade, require the parent or legal guardian of the child to provide evidence of the results of the child's blood tests for lead poisoning administered in accordance with the guidelines of the Centers for Disease Control and Prevention in the screening of young children for lead poisoning: Guidance for State and Local Public Health Officials (November 1997) and any subsequent guidelines; and
2. By September 2003, require a program or school to report the information received under sub-subparagraph 1 of this subparagraph to the local health department in the jurisdiction where the child resides.
(3) Any requirement for the administration of pertussis vaccine shall be consistent with § 18-332 (b) of the Health-General Article.
(b) Exception.
(1) Unless the Secretary of Health and Mental Hygiene declares an emergency or an epidemic of disease, a child whose parent or guardian objects to immunization on the ground that it conflicts with the parent's or guardian's bona fide religious beliefs and practices may not be required to present a physician's certification of immunization in order to be admitted to school.
(2) The Secretary of Health and Mental Hygiene shall adopt rules and regulations for religious exemptions under this subsection.
HEALTH-GENERAL
TITLE 18. DISEASE PREVENTION
SUBTITLE 4. MISCELLANEOUS PROVISIONS
Md. HEALTH-GENERAL Code Ann. § 18-403 (2002)
§ 18-403. Religious exemption
(a) In general. -- Unless the Secretary declares an emergency or disease epidemic, the Department may not require the immunization of an individual if:
(1) The individual objects to immunization because it conflicts with the individual's bona fide religious beliefs and practices; or
(2) The individual is a minor and the individual's parent or guardian objects to immunization because it conflicts with the parent or guardian's bona fide religious beliefs and practices.
(b) Rules and regulations. -- The Secretary shall adopt rules and regulations for religious exemptions under this section.
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