Allows licensed child care centers & family care centers to deny immunization exemptions & refuse enrollment to non-immunized children & infants

State: MN
Bill Number: HF 367/SF 610
Position: OPPOSE
Action Required: Contact Senate Health & Human Services Committee Members, your Representative & Senator, ask them to OPPOSE
Status: HF 367 as amended is eligible for a House floor vote as of 3/25/2024|SF 610 laid over in S. Health & Human Services Comm on 2/15/2024

Legislation Details:

UPDATE: 3/25/2024 - HF 367, as amended on 3/19/2024, is eligible for a House floor vote as of 3/25/2024.  View the First Engrossment HERE

UPDATE: 3/19/2024 - HF 367 was reported with the recommendation to adopt as amended in the House Children and Families Finance and Policy Committee by a voice vote on 3/19/2024. View the hearing video HERE. Timestamp: [37:28]. 

The amendment reorganizes the bill's provisions by adding Subdivision 3b. to strengthen the isolation of child care facilities from existing statute under Subdivision 3(d) regarding conscientious exemptions from immunizations for school children and continues to allow child care centers and family child care programs to institute discriminatory policies to deny conscientious immunization exemptions and refuse enrollment to non-immunized children and infants.

Subdivision 3(d) regarding conscientious immunization exemptions: "...This paragraph does not apply to a child enrolling or enrolled in a child care center or family child care program that adopts a policy under subdivision 3b.

"Subdivision 3b. Child care programs. A child care center licensed under chapter 245A and Minnesota Rules, chapter 9503, and a family child care provider licensed under chapter 245A and Minnesota Rules, chapter 9502, may adopt a policy prohibiting a child over two months of age from enrolling or remaining enrolled in the child care center or family child care program if the child: 

(1) has not been immunized in accordance with subdivision 1 or 2 and in accordance with Minnesota Rules, chapter 4604; and 

(2) is not exempt from immunizations under subdivision 3, paragraph (a), (c), (e), or (f)."

UPDATE: 2/15/2024 - SF 610 was laid over in thSenate Health and Human Services Committee on 2/15/2024. 

UPDATE: 2/14/2024 - SF 610 is scheduled for a hearing in the Senate Health and Human Services Committee on Thursday, 2/15/2024 at 8:30AM in Room 1100 of the Minnesota Senate Building. View the hearing agenda HERE.

SUBMIT TESTIMONY: Please contact the committee administrator: [email protected]. To testify during the hearing, please email by 3 p.m. on February 14th. Include the bill number (SF 610), your name, title and/or organization where applicable, and whether your testimony will be in support of or opposition to the bill (OPPOSE). Testifiers must request a Zoom link to provide testimony via Zoom. Duration of testimony may be limited at the discretion of the Chair.
Please submit documents to be posted for committee members by February 14, 2024, 12:00 pm. Late submissions may not be posted in advance of the hearing or included in prepared materials for committee members.

UPDATE: 5/22/2023 - HF 367 and SF 610 failed to be scheduled for hearings in the House Children and Families Finance and Policy Committee and Senate Health and Human Services Committee, respectively, before the legislative session adjourned on 5/22/2023. Bills carryover to 2024.

HF 367 was introduced and referred to the House Children and Families Finance and Policy Committee on 1/17/2023. It is sponsored by Representative Mike Freiberg.

SF 610 was introduced and referred to Senate Health and Human Services Committee on 1/23/2023. It was sponsored by Senator Liz Boldon.

HF 367 and SF 610 allow licensed child care centers and family care centers to deny immunization exemptions & refuse enrollment to non-immunized children & infants. These bills amend existing statute (§121A.15) regarding immunizations and exemptions for school children to isolate child care facilities under Subdivision 3(d) to allow child care centers and family child care programs to adopt their own policy to deny conscientious immunization exemptions and refuse enrollment to non-immunized children and infants. 

HF 367 and SF 610 allow child care centers (licensed under chapter 245A and Minnesota Rules, chapter 9503) and family child care providers (licensed under chapter 245A and Minnesota Rules, chapter 9503) to deny children exemptions to vaccinations as specified in Minnesota Rules, chapter 4604. 

Subdivision 3(d) regarding conscientious immunization exemptions: "... This exemption does not apply to a child care center or family child care provider may adopt a policy prohibiting a child over the age of two months who has not been immunized in accordance with subdivision 1 and Minnesota Rules, chapter 4604, from enrolling or remaining enrolled in the child care center or the family child care program."

NVIC OPPOSES HF 367 and SF 610 because these bills allow child care centers and family child care providers to discriminate based on vaccination status. Current MN law provides immunization exemptions for public school and child child care facilities under the same statutes. HF 367 and SF 610 isolate child care facilities under Subdivision 3(d) regarding conscientious exemptions from immunizations for school children to allow child care centers and family child care programs to adopt their own policy to deny conscientious immunization exemptions and refuse enrollment to non-immunized children and infants. 

Child care facilities are often the only option available for parents and guardians to utilize if they are prevented from being able to stay at home to care for their children due to work and these bills could drastically limit child care options for working parents and guardians though discriminatory policies instituted by these facilities. Many states have separate statutes governing immunization policies for school children and child care facilities while still allowing a full range of immunization exemptions for children enrolled in child care without issue.  

NVIC is opposed to all vaccination mandates. Parents and guardians of young children who need to utilize child care facilities and conscientious immunization exemptions deserve the same rights and protections provided for the school children of Minnesota. Vaccines are pharmaceutical products that carry a risk of injury and death and should not be a condition for a child’s enrollment or continued enrollment in child care facilities. 

https://www.revisor.mn.gov/bills/bill.php?f=HF367&y=2023&ssn=0&b=house - text, status, and history of HF 367

https://www.revisor.mn.gov/bills/bill.php?b=Senate&f=SF0610&ssn=0&y=2023 - text, status, and history of SF 610