An Act to Reinstate the Religious and Philosophical Vaccine Exemptions for Private Schools and Virtual Public Charter Schools
Maine Legislature, Session 131, LD 1209
Committee: Education and Cultural Affairs
Sponsors: BOYER, DANA, FAULKINGHAM, MILLIKEN, RISEMAN, THERIAULT, WILLIAMS
Amends: 20-A MRSA §6355, 20-A MRSA §6358, 20-A MRSA §6359

Legislative Document
No. 1209
H.P. 769
House of Representatives, March 16, 2023
An Act to Reinstate the Religious and Philosophical Vaccine 
Exemptions for Private Schools and Virtual Public Charter Schools
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative BOYER of Poland.
Cosponsored by Representatives: DANA of the Passamaquoddy Tribe, FAULKINGHAM of 
Winter Harbor, MILLIKEN of Blue Hill, RISEMAN of Harrison, THERIAULT of Fort Kent, 
WILLIAMS of Bar Harbor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §6355, sub-§3-A is enacted to read:
3-A.  Philosophical or religious exemption; private schools and virtual public 
charter schools.  The parent of a student enrolled in a private school or a virtual public 
charter school as defined in section 2401, subsection 11 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Sec. 2.  20-A MRSA §6355, sub-§4, as enacted by PL 2019, c. 154, §3, is repealed.
Sec. 3.  20-A MRSA §6358, sub-§1, as corrected by RR 2019, c. 1, Pt. A, §17, is 
amended to read:
1.  Rules authorized.  The commissioner and the Director of the Maine Center for 
Disease Control and Prevention within the Department of Health and Human Services shall 
jointly issue rules necessary for the effective implementation of this subchapter, including, 
but not limited to, rules specifying those diseases for which immunization is required and 
establishing school record keeping and reporting requirements or guidelines and 
procedures for the exclusion of nonimmunized children from school.  The rules may not 
include any provision governing medical exemptions.  Rules adopted pursuant to this 
subchapter are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A 
except that rules adopted pursuant to this subchapter specifying the diseases for which 
immunization is required are major substantive rules as defined in Title 5, chapter 375, 
subchapter 2‑A.
Sec. 4.  20-A MRSA §6359, sub-§3, ¶C is enacted to read:
C.  The student enrolled in a private school or a virtual public charter school as defined 
in section 2401, subsection 11 or the parent, if the student is a minor, 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. 5.  20-A MRSA §6359, sub-§6, as amended by PL 2019, c. 154, §7, is further 
amended to read:
6.  Rules; requirements; reports.  The Director of the Maine Center for Disease 
Control and Prevention within the Department of Health and Human Services shall adopt 
rules necessary for the effective implementation of this subchapter, including, but not 
limited to, rules establishing immunization requirements for each disease, school record 
keeping and reporting requirements or guidelines and procedures for the exclusion of 
nonimmunized students from school.  The rules may not include any provision governing 
medical exemptions.  Rules adopted pursuant to this subchapter are routine technical rules 
as defined in Title 5, chapter 375, subchapter 2‑A except that rules adopted pursuant to this 
subchapter specifying the diseases for which immunization is required are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.
Immunization requirements more stringent than the provisions of this subchapter may be 
adopted by a school board or by policy of a private school's governing board.
Sec. 6.  PL 2019, c. 154, §11 is repealed.
Sec. 7.  Rules.  The Department of Education and the Department of Health and 
Human Services shall amend their rules in order to provide for exempting persons from 
immunization requirements because of their religious or philosophical beliefs in 
accordance with this Act.  Rules adopted pursuant to this section are routine technical rules 
pursuant to the Maine Revised Statutes, Title 20-A, section 6358, subsection 1 and section 
6359, subsection 6.
SUMMARY
Public Law 2019, chapter 154 removed the exemption from immunization 
requirements based on religious or philosophical beliefs for students in elementary, 
secondary and postsecondary schools and employees of nursery schools and certain health 
care facilities.  This bill reinstates the religious and philosophical exemptions for students 
enrolled in private schools or virtual public charter schools.