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