Maine Immunization Requirements

Updated December 1993


Authority: Education - Health, Nutrition and Safety, Me. Rev. Stat. Ann. tit. 20-A, @ 6352 to 6359. Department of Human Services (Bureau of Health) 10-144A, Chapter 261. Department of Educational and Cultural Services (Commissioner) 05-071, Chapter 126, Immunization Requirements for School Children.

General Rule: Purpose statement: "To assure a safe and healthful school environment, the Legislature intends that the provisions of this subchapter on immunization shall apply in the schools of the State. MRS tit. 20-A, @6352. "No superintendent may permit any child to be enrolled in or to attend school with a certificate of immunization for each disease or other acceptable proof of required immunization or immunity against the disease." MRS 20-A,@6355.

Exceptions: There are three exceptions, MRS tit. 20-A, @6355.1.:

1) The parent provides written assurance that 'the child will be immunized within 90 days."

2) "The parent or the child provides (1 physician's written statement that immunization against one or more of the diseases may be medically inadvisable."

3) The parent states in writing a sincere religious belief which is contrary to the immunization requirement of this subchapter or an opposition to the immunization for moral, philosophical or other personal reasons.

Epidemic: A public health official, may request the superintendent to exclude a child from school if the official believes the child presents a clear danger to the health of others. MRS tit. 20-A, @6356.1. A superintendent may exclude from the public schools any child who is a public health threat, or a child or employee who has contracted or has been exposed to a communicable disease as directed by a physician after consultation with the Bureau of Health. MRS tit. 20-A, @6356.2.

Definitions: MRS tit. 20-A, @6353.

"Certificate of Immunization" - "means a written statement from a physician, nurse or health official who has administered an immunizing agent to a child, specifying the dosage administered and the date it was administered."

"Child" - "means and includes every child entering school."

"Parent" - "means a child's parent or legal guardian or custodian. "

"School" - "means any public or private elementary or private elementary or secondary school in the state."

"Superintendent" - "means the superintendent of schools or a school administrative unit, or a person designated by the superintendent, and the chief administrative officer or a private school."

Designated Diseases: Diphtheria, measles, mumps, pertussis, poliomyelitis, rubella, tetanus. MRS tit. 20-A, @6353.3.

Responsibility of Parents: Except as otherwise provided, 'every parent shall cause to be administered to his child an adequate dosage of an immunizing agent against each disease.' MRS tit. 20-A, @6354.

Post Secondary Schools: Students in public or private, post-secondary schools in the state must also have administered an adequate dosage of an immunizing agent against each disease. The same exceptions for K through 12 apply. MRS tit. 20-A, @6359.

Strategy: The "religious belief" and "moral, philosophical or other personal reasons" exception seems very broad, merely requiring stating it in writing.




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