An Act to Restore Religious Exemptions to Immunization
Maine Legislature, Session 132, LD 0174
Committee: Education and Cultural Affairs
Sponsors: DRINKWATER, STEWART
Amends: 20-A MRSA §6355, 20-A MRSA §6358, 20-A MRSA §6359, 22 MRSA §802, 22 MRSA §8402

Legislative Document
No. 174
H.P. 107
House of Representatives, January 14, 2025
An Act to Restore Religious Exemptions to Immunization 
Requirements
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative DRINKWATER of Milford.
Cosponsored by Senator STEWART of Aroostook and
Representatives: BABIN of Fort Fairfield, BAGSHAW of Windham, CARUSO of Caratunk, 
COOPER of Windham, FOLEY of Wells, HALL of Wilton, HENDERSON of Rumford, 
QUINT of Hodgdon.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §6355, sub-§5 is enacted to read:
5.  Religious exemption.  The parent states in writing a sincere religious belief that is 
contrary to the immunization requirement of this subchapter.
Sec. 2.  20-A MRSA §6355, sub-§4, as enacted by PL 2019, c. 154, §3, is repealed.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 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 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.
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 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.  22 MRSA §802, sub-§4-A, ¶C-1 is enacted to read:
C-1.  "Health care practitioner" means a person certified, registered or licensed in the 
healing arts, including, but not limited to, a physician, nurse, podiatrist, optometrist, 
chiropractor, physical therapist, dentist, psychologist and physician assistant.
Sec. 7.  22 MRSA §802, sub-§4-B, ¶D is enacted to read:
D.  A religious exemption is available to a health care practitioner who states in writing 
a sincere religious 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 a sincere religious 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 on the grounds of a sincere religious belief 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
This bill reinstates exemptions from immunization requirements based on a sincere 
religious belief for students in elementary, secondary and postsecondary schools and 
employees of nursery schools.  It also provides the same exemption to health care 
practitioners.