Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H582 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1602 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 582
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael J. Soter
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to the protection of medical exemptions for immunizations for school attendance.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Michael J. Soter8th Worcester1/15/2023Marcus S. Vaughn9th Norfolk1/23/2023Marc T. Lombardo22nd Middlesex1/31/2023Joseph D. McKenna18th Worcester1/31/2023Peter J. Durant6th Worcester2/23/2023 1 of 2
16	16	HOUSE DOCKET, NO. 1602 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 582
18	18	By Representative Soter of Bellingham, a petition (accompanied by bill, House, No. 582) of
19	19	Michael J. Soter and others relative to the protection of medical exemptions for immunizations
20	20	for school attendance. Education.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 706 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to the protection of medical exemptions for immunizations for school attendance.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 76 of the General Laws, as appearing in the 2018 Official Edition,
32	32	2is hereby amended by striking out section 15 and inserting in place thereof the following
33	33	3section:-
34	34	4 Section 15. No child shall, except as hereinafter provided, be admitted to school except
35	35	5upon presentation of a physician's certificate that the child has been successfully immunized
36	36	6against diphtheria, pertussis, tetanus, measles and poliomyelitis and such other communicable
37	37	7diseases as may be specified from time to time by the department of public health.
38	38	8 A child shall be admitted to school upon certification (a "Medical Certification") by a
39	39	9physician that he has personally examined such child and that in his opinion the totality of the 2 of 2
40	40	10child's medical circumstances is such that his health would be endangered by such vaccination or
41	41	11by any of such immunizations. Such opinion may be based upon such factors as are deemed
42	42	12relevant by the physician in his or her independent medical judgment including, among other
43	43	13factors, concerns regarding an increased risk of adverse events, family history, or exacerbation of
44	44	14pre-existing medical conditions relating to the child. The Medical Certification shall be
45	45	15submitted at the beginning of each school year to the physician in charge of the school health
46	46	16program.
47	47	17 In the absence of an emergency or epidemic of disease declared by the department of
48	48	18public health, no child whose parent or guardian states in writing that vaccination or
49	49	19immunization conflicts with his sincere religious beliefs shall be required to present said
50	50	20physician's certificate in order to be admitted to school.
51	51	21 Medical Certifications shall be confidential, shall not be disclosed to any person outside
52	52	22of the school health program, and shall not be admissible as evidence in any action of any kind
53	53	23before any court, tribunal or agency without express, written consent of the child's parent or
54	54	24guardian.
55	55	25 In the absence of manifest bad faith, a physician who provides a Medical Certification
56	56	26shall not be subject to disciplinary action by any governing or licensing authority. Medical
57	57	27Certifications may not be used to change or negatively affect a physician's rating or standing
58	58	28with an employer, insurer, hospital affiliation or academic affiliation.