An Act to Restore Religious and Philosophical Exemptions Regarding Immunization Requirements
Maine Legislature, Session 131, LD 1098
Committee: Education and Cultural Affairs
Sponsors: BAGSHAW, MOORE, FAULKINGHAM, HENDERSON, JAVNER, PAUL, PERKINS, RUDNICKI, SAMPSON, KEIM
Amends: 20-A MRSA §6355, 20-A MRSA §6358, 20-A MRSA §6359, 22 MRSA §802, 22 MRSA §8402

Legislative Document
No. 1098
H.P. 693
House of Representatives, March 9, 2023
An Act to Restore Religious and Philosophical Exemptions 
Regarding Immunization Requirements
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative BAGSHAW of Windham.
Cosponsored by Senator MOORE of Washington and
Representatives: FAULKINGHAM of Winter Harbor, HENDERSON of Rumford, JAVNER 
of Chester, PAUL of Winterport, PERKINS of Dover-Foxcroft, RUDNICKI of Fairfield, 
SAMPSON of Alfred, Senator: KEIM of Oxford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §6355, sub-§3, as repealed by PL 2019, c. 154, §2 and affected 
by §12, is reenacted to read:
3.  Philosophical or 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Sec. 2.  20-A MRSA §6355, sub-§4, as enacted by PL 2019, c. 154, §3, is repealed.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Sec. 4.  20-A MRSA §6359, sub-§3, ¶B, as repealed by PL 2019, c. 154, §6 and 
affected by §12, is reenacted 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. 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.  20-A MRSA §6359, last ¶, as enacted by PL 2001, c. 87, §1, is amended 
to read:
A student who is enrolled in a private school, a virtual public charter school as defined 
in section 2401, subsection 11 or a distance education program offered by a school and 
who does not physically attend any classes or programs at a school facility, including a 
campus, center or site of that school, or at a school facility, including a campus, center or 
site of any other school, is exempt from the provisions of this section.
Sec. 7.  22 MRSA §802, sub-§4-B, ¶B, as repealed by PL 2019, c. 154, §9, is 
reenacted 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. 8.  22 MRSA §8402, sub-§3, ¶A, as amended by PL 2019, c. 154, §10 and 
affected by §12, 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 
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, nurse practitioner or physician assistant, 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 2‑A.
Sec. 9.  PL 2019, c. 154, §11 is repealed.
Sec. 10.  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 and Title 22, section 802, subsection 3 and section 8402, subsection 3, 
paragraph A.
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.
Current law provides that a student enrolled in a distance education program is exempt 
from the school immunization requirements.  This bill expands that exemption to private 
schools and virtual public charter schools.