TITLE 20 EDUCATION
CHAPTER 5 PUPILS
PART 4 HEALTH
Mont. Code Anno., § 20-5-403 (2002)
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 any person to commence attendance as a pupil unless the person:
(a) has been immunized against 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 any person to commence attendance 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 send the original immunization records for the pupil to the school district to which the pupil transfers.
Mont. Code Anno., § 20-5-405 (2002)
20-5-405 Medical or religious exemption.
(1) When a parent, guardian, or adult who has the responsibility for the care and custody of a minor seeking to attend school or the person seeking to attend school, if an adult, signs and files with the governing authority, prior to the commencement of attendance each school year, a notarized affidavit on a form prescribed by the department stating that immunization is contrary to the religious tenets and practices of the signer, immunization of the person seeking to attend the school may not be required prior to attendance at the school. The statement must be maintained as part of the person's immunization records. A person who falsely claims a religious exemption is subject to the penalty for false swearing provided in 45-7-202.
(2) When a parent, guardian, or adult who has the responsibility for the care and custody of a minor seeking to attend school, or the person seeking to attend school, if an adult, files with the governing authority a written statement signed by a physician licensed to practice medicine in any jurisdiction of the United States or Canada stating that the physical condition of the person seeking to attend school or medical circumstances relating to him indicate that some or all of the required immunizations are not considered safe and indicating the specific nature and probable duration of the medical condition or circumstances which contraindicate immunization, he is exempt from the requirements of this part to the extent indicated by the physician's statement. The statement must be maintained as part of the person's immunization records.
(3) Whenever there is good cause to believe that a person for whom an exemption has been filed under this section has a disease or has been exposed to a disease listed in 20-5-403 or will as the result of school attendance be exposed to such disease, the person may be excluded from the school by the local health officer or the department until the excluding authority is satisfied that the person no longer risks contracting or transmitting that disease.
Administrative Rules (found below)
ARM 16.28.707 Medical exemption.
ARM 16.28.708 Religious or personal exemption.
Attorney General's Opinions
Challenges to Mandatory Immunization on Religious Grounds -- Restraint Advisable: Although a school district has an undeniable compelling interest in protecting students from communicable diseases, it does not have unlimited discretion to determine the legitimacy or sincerity of the religious tenets and practices of one seeking an exemption pursuant to this section. Absent established uniform standards or procedures, a school district should refrain from challenging an affidavit claiming a religious exemption from mandatory immunization. 44 A.G. Op. 7 (1991).
Religious Exemption to Mandatory Immunization Not Limited to Established or Recognized Religion: The religious exemption to mandatory immunization of students in this section is not limited to beliefs or tenets of an established or recognized traditional religion but also encompasses sincerely held personal religious beliefs. 44 A.G. Op. 7 (1991).
ADMINISTATIVE RULES (OLD 16.28.707-708)
TITLE 37: DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES
CHAPTER 114: COMMUNICABLE DISEASE CONTROL
SUB-CHAPTER 7: IMMUNIZATION OF SCHOOL CHILDREN
MONT. ADMIN. R. 37.114.716 (2002)
37.114.716 RELIGIOUS EXEMPTION
(1) A person seeking to attend school is exempt from all or part of the immunization requirements if the parent or guardian of that person, an adult responsible for that person, or the person himself if an adult or an emancipated minor, objects thereto in a signed, written statement indicating that the proposed immunization interferes with the free exercise of the religious beliefs of the person signing the statement.
(2) A claim of exemption from immunization requirements on religious grounds must be maintained on a form provided by the department and provided to the school prior to each school year by the parent or guardian of the pupil for which a religious exemption is claimed, or adult responsible for him or her, unless the pupil is 18 years of age or older or emancipated, in which case the pupil may claim his or her own exemption.
(3) The original copy of the claim of religious exemption must be kept by the school as part of the person's school record.
MONT. ADMIN. R. 37.114.715 (2002)
37.114.715 MEDICAL EXEMPTION
(1) A person seeking to attend school is not required to have any immunizations which are medically contraindicated. A written and signed statement from any physician that an immunization is medically contraindicated will exempt a person from whatever immunization requirements of 20-5-403, MCA, the statement indicates necessary.
(2) The statement must include:
(a) which specific immunization is contraindicated;
(b) the period of time immunization is contraindicated; and
(c) the reasons for the medical contraindication.
(3) A physician's medical exemption may be recorded on the department's Montana certificate of immunization form or a form obtained from the department for use as documentation.
(4) The physician's written statement must be maintained by the school as part of the immunization record of the person qualifying for the exemption.
The U.S. State of Montana
Medical exemptions
