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.
The U.S. State of Maryland
Medical exemptions
