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UPDATE: 7/26/2023 - H.582 was heard in the Joint Committee on Public Health on 7/26/2023, but no vote was taken. Continue to contact Committee Members and your legislators to SUPPORT. Please follow instructions in this action alert: https://nvicadvocacy.org/members/State-Teams/My-State/Action-Alert-Details-Alt/itemid/3641/State/MA?Page=True.
See Corresponding Action Alert
UPDATE: 7/21/2023 - H.582 is rescheduled for a hearing in Joint Committee on Public Health on Wednesday, 7/26/2023 from 9:00AM-6:00PM in the Gardner Auditorium. View the agenda HERE. See the corresponding Action Alert for In-Person and Written Testimony information.
UPDATE: 7/14/2023 - H.582 is scheduled for a hearing in Joint Committee on Public Health on Wednesday, 7/19/2023 from 9:00AM-6:00PM in the Gardner Auditorium. The agenda is HERE.
UPDATE: 7/10/2023 - H.582's Committee assignment was changed to the Joint Committee on Public Health on 7/10/2023.
H.582 was referred to the Joint Committee on Education on 2/16/2023. This bill is sponsored by Representative Michael J. Soter.
This bill removes the ability of the health dept. to deny vaccine medical exemptions if the school physician doesn't agree with the child's physician, provides privacy protection for medical exemptions and protects physicians writing medical exemptions.
Current medical exemptions to vaccination in MA can be challenged. If the physician in charge of the school health program does not agree with the opinion of the child's physician the matter shall be referred to the department of public health, whose decision will be final. These bills remove this provision.
These bills also add privacy protections and protections from disciplinary actions for physicians writing medical exemptions.
New Section 15: Vaccination and immunization to replace current Section 15 (see below):
Section 15. No child shall, except as hereinafter provided, be admitted to school except upon presentation of a physician's certificate that the child has been successfully immunized against diphtheria, pertussis, tetanus, measles and poliomyelitis and such other communicable diseases as may be specified from time to time by the department of public health.
A child shall be admitted to school upon certification (a “Medical Certification”) by a physician that the physician has personally examined the child and that in the physician's opinion the totality of the child’s medical circumstances is such that the child's health would be endangered by such vaccination or by any of such immunizations. Such opinion may be based upon such factors as are deemed relevant by the physician in the physician's independent medical judgment including, among other factors, concerns regarding an increased risk of adverse events, family history, or exacerbation of pre-existing medical conditions relating to the child. The Medical Certification shall be submitted at the beginning of each school year to the physician in charge of the school health program.
In the absence of an emergency or epidemic of disease declared by the department of public health, no child whose parent or guardian states in writing that vaccination or immunization conflicts with the parent or guardian's sincere religious beliefs shall be required to present said physician's certificate in order to be admitted to school.
Medical Certifications shall be confidential, shall not be disclosed to any person outside of the school health program, and shall not be admissible as evidence in any action of any kind before any court, tribunal or agency without express, written consent of the child’s parent or guardian.
In the absence of manifest bad faith, a physician who provides a Medical Certification shall not be subject to disciplinary action by any governing or licensing authority. Medical Certifications may not be used to change or negatively affect a physician’s rating or standing with an employer, insurer, hospital affiliation or academic affiliation.
Current law https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXII/Chapter76/Section15 to be replaced:
Section 15: Vaccination and immunization
Section 15. No child shall, except as hereinafter provided, be admitted to school except upon presentation of a physician's certificate that the child has been successfully immunized against diphtheria, pertussis, tetanus, measles and poliomyelitis and such other communicable diseases as may be specified from time to time by the department of public health.
A child shall be admitted to school upon certification by a physician that he has personally examined such child and that in his opinion the physical condition of the child is such that his health would be endangered by such vaccination or by any of such immunizations. Such certification shall be submitted at the beginning of each school year to the physician in charge of the school health program. If the physician in charge of the school health program does not agree with the opinion of the child's physician, the matter shall be referred to the department of public health, whose decision will be final.
In the absence of an emergency or epidemic of disease declared by the department of public health, no child whose parent or guardian states in writing that vaccination or immunization conflicts with his sincere religious beliefs shall be required to present said physician's certificate in order to be admitted to school.
https://malegislature.gov/Bills/193/H582 - text, status and history for H.582
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