An Act To Prohibit Mandatory Immunizations
Maine Legislature, Session 125, LD 0941
Committee: Health and Human Services
Sponsors: THOMAS, CEBRA, JOHNSON, MALABY, O'CONNOR, SANDERSON, SIROCKI
Amends: 20-A MRSA §2902, 20-A MRSA §5021, 20-A MRSA §6352, 20-A MRSA §6354, 20-A MRSA §6355, 20-A MRSA §6358, 20-A MRSA §6359, 22 MRSA §1067, 39-A MRSA §328-A

Legislative Document 
No. 941 
S.P. 287 
In Senate, March 8, 2011 
An Act To Prohibit Mandatory Immunizations 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator THOMAS of Somerset. 
Cosponsored by Representatives: CEBRA of Naples, JOHNSON of Greenville, MALABY of 
Hancock, O'CONNOR of Berwick, SANDERSON of Chelsea, SIROCKI of Scarborough. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §2902, sub-§1, as enacted by PL 1981, c. 693, §§5 and 8, is 
repealed. 
Sec. 2.  20-A MRSA §5021, sub-§5, ¶B, as enacted by PL 1995, c. 610, §1, is 
amended to read: 
B.  The student complies with the same physical examination, immunization, 
insurance, age and semester eligibility requirements as regularly enrolled students 
participating in the activity.  All required documentation must be made available 
upon request by the school unit. 
Sec. 3.  20-A MRSA §6352, as enacted by PL 1983, c. 661, §8, is repealed. 
Sec. 4.  20-A MRSA §6354, sub-§1, as enacted by PL 1983, c. 661, §8, is 
amended to read: 
1.  Immunization.  Except as otherwise provided under this subchapter, every A 
parent shall may cause to be administered to his that parent's child an adequate dosage of 
an immunizing agent against each a disease. 
Sec. 5.  20-A MRSA §6355, as amended by PL 2001, c. 326, §2, is repealed. 
Sec. 6.  20-A MRSA §6358, as amended by PL 2001, c. 326, §3 and PL 2003, c. 
689, Pt. B, §6, is repealed. 
Sec. 7.  20-A MRSA §6359, sub-§2, as amended by PL 2001, c. 326, §5 and PL 
2003, c. 689, Pt. B, §6, is further amended to read: 
2.  Immunization. Except as otherwise provided under this section, every A student 
shall may, if a minor, with parental consent, have administered an adequate dosage of an 
immunizing agent against each a disease as specified by rule. 
Any such immunizing agent shall must meet standards for the biological products, 
approved by the United States Public Health Service, and the dosage requirement 
specified by the Department of Health and Human Services. 
Sec. 8.  20-A MRSA §6359, sub-§3, as amended by PL 2001, c. 326, §6, is 
repealed. 
Sec. 9.  20-A MRSA §6359, sub-§6, as amended by PL 1991, c. 146, §4, is 
repealed. 
Sec. 10.  20-A MRSA §6359, last ¶, as enacted by PL 2001, c. 87, §1, is repealed. 
Sec. 11.  22 MRSA §1067 is enacted to read: 
§1067.  Immunization 
The department may not adopt any rule or take any action that requires mandatory 
immunization of a person. 
Sec. 12.  39-A MRSA §328-A, sub-§5, as enacted by PL 2001, c. 663, §1, is 
amended to read: 
5.  Immunization.  Whenever any standard, medically recognized vaccine or other 
form of immunization or other prophylaxis exists for the prevention of a communicable 
disease for which a presumption is granted under this section, if medically indicated in 
the given circumstances pursuant to immunization policies established by the Advisory 
Committee on Immunization Practices for the Centers for Disease Control and 
Prevention, an emergency rescue or public safety worker may not be required by the 
worker's employer to undergo the immunization or other prophylaxis unless the worker's 
physician determines in writing that the immunization or other prophylaxis would pose a 
significant risk to the worker's health.  Absent such written declaration, failure or refusal 
by an emergency rescue or public safety worker to undergo such immunization or other 
prophylaxis disqualifies the worker from the benefits of the presumption. 
Sec. 13.  Rulemaking.  The Department of Education and the Department of 
Health and Human Services shall amend their rules to implement the provisions of this 
Act.  Rules adopted pursuant to this section are routine technical rules as defined in the 
Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill prohibits mandatory immunizations for persons.