An Act To Protect Maine Children and Students from Preventable Diseases by Repealing Certain Exemptions from the Laws Governing Immunization Requirements
Maine Legislature, Session 129, LD 0798
Committee: Education and Cultural Affairs
Sponsors: TIPPING, TUCKER, WOODSOME, BICKFORD, HUBBELL, HYMANSON, MEYER, PERRY, GRATWICK
Amends: 20-A MRSA §6355, 20-A MRSA §6359, 22 MRSA §802, 22 MRSA §8402

Legislative Document
No. 798
H.P. 586
House of Representatives, February 12, 2019
An Act To Protect Maine Children and Students from Preventable 
Diseases by Repealing Certain Exemptions from the Laws 
Governing Immunization Requirements
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative TIPPING of Orono.
Cosponsored by Representative TUCKER of Brunswick, Senator WOODSOME of York and
Representatives: BICKFORD of Auburn, HUBBELL of Bar Harbor, HYMANSON of York, 
McDONALD of Stonington, MEYER of Eliot, PERRY of Calais, Senators: GRATWICK of 
Penobscot, SANBORN, L. of Cumberland.
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 
repealed.
Sec. 2.  20-A MRSA §6359, sub-§3, ¶B, as amended by PL 2001, c. 326, §6, is 
repealed.
Sec. 3.  22 MRSA §802, sub-§4-B, ¶B, as enacted by PL 2001, c. 185, §2, is 
repealed.
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 Education and the Department of Health and 
Human Services shall amend their rules to remove any rules exempting persons from 
immunization requirements because of their religious or philosophical beliefs.  Rules 
adopted by the Department of Education must provide that a student who is covered by 
an individualized education plan on the effective date of this Act and has elected a 
philosophical or religious exemption from immunization requirements on or before the 
effective date of this Act may continue to attend school under that student’s existing 
exemption as long as:
1.  The parent or guardian of the student provides a statement from an appropriate 
medical professional that the medical professional has consulted with that parent or 
guardian and has made that parent or guardian aware of the risks and benefits associated 
with the choice to immunize; or
2.  If the student is 18 years of age or older, the student provides a statement from an 
appropriate medical professional that the medical professional has consulted with that 
student and has made that student aware of the risks and benefits associated with the 
choice to immunize.
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
Current law allows exemptions from immunization requirements based on religious 
or philosophical beliefs 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 Education and the 
Department of Health and Human Services to remove any immunization exemptions 
based on religious or philosophical beliefs from their rules and requires the Department 
of Education to adopt rules allowing a student who is covered by an individualized 
education plan and has elected a philosophical or religious exemption from immunization 
requirements to continue to attend school under the existing exemption as long as an 
appropriate medical professional provides a statement that the medical professional has 
provided information on the risks and benefits associated with the choice to immunize.