An Act To Remove the Philosophical Exemption from the Immunization Requirements for School Students and Employees of Nursery Schools and Health Care Facilities
Maine Legislature, Session 127, LD 0606
Committee: Health and Human Services
Sponsors: TUCKER, GRATWICK, BROOKS, KORNFIELD
Amends: 20-A MRSA §6355, 20-A MRSA §6359, 22 MRSA §802, 22 MRSA §8402

Legislative Document 
No. 606 
H.P. 419 
House of Representatives, March 3, 2015 
An Act To Remove the Philosophical Exemption from the 
Immunization Requirements for School Students and Employees of 
Nursery Schools and Health Care Facilities 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative TUCKER of Brunswick. 
Cosponsored by Senator GRATWICK of Penobscot and 
Representatives: BROOKS of Lewiston, KORNFIELD of Bangor. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  20-A MRSA §6355, sub-§3, as amended by PL 2001, c. 326, §2, is 
further amended to read: 
3.  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. 
Sec. 2.  20-A MRSA §6359, sub-§3, ¶B, as amended by PL 2001, c. 326, §6, is 
further amended to read: 
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. 
Sec. 3.  22 MRSA §802, sub-§4-B, ¶B, as enacted by PL 2001, c. 185, §2, is 
amended to read: 
B.  A religious or philosophical exemption is available to an employee who states in 
writing a sincere religious or philosophical belief that is contrary to the immunization 
requirement of this subchapter. 
Sec. 4.  22 MRSA §8402, sub-§3, ¶A, as amended by PL 2001, c. 645, §10, is 
further amended to read: 
A.  The department shall adopt rules regarding the health of staff as required to 
protect the health and safety of the children.  The rules must include a requirement 
that every 2 years each licensee, administrator or other staff member of the nursery 
school who provides care for children be declared free from communicable disease 
by a licensed physician, except that this requirement may be waived for a person who 
objects on the grounds of sincerely held religious or philosophical belief.  Rules 
adopted pursuant to this paragraph are routine technical rules as defined in Title 5, 
chapter 375, subchapter II-A 2-A. 
Sec. 5.  Rules.  The Department of Health and Human Services shall amend its rules 
to remove any rules exempting persons from immunization requirements because of their 
philosophical beliefs.  Rules adopted pursuant to this section are routine technical rules 
pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
Current law allows exemptions because of a person's philosophical beliefs from 
immunization requirements for students in elementary and secondary schools and 
postsecondary schools and employees of nursery schools and health care facilities.  This 
bill removes those exemptions.  The bill also directs the Department of Health and 
Human Services to remove any immunization exemptions because of philosophical 
beliefs from its rules.