LEGISLATIVE ALERT!

Immunization Mandating Authority for Health Department
Amended to Minnesota House Bill

* What Happened
* First Amendment Fails; Votes
* Second Amendment Adopted; Votes
* Consider Ramifications...
* Senate Status
* Language of Amendment
* Where to Comment

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WHAT HAPPENED

After the earlier defeat of a bill to transfer immunization mandate
authority from the legislature to the Health Department,
Representative Richard Mulder, M.D. (R-Ivanhoe) successfully
amended a variation of the bill onto the Health and Human
Services Omnibus bill today.

The House Health and Human Services Finance Committee held a
hearing on H.F. 1832, the Health and Human Services Omnibus bill,
a conglomeration of 49 individual legislative bills. During the
four hour hearing, many amendments were added to the 576-page
bill. Mulder attempted to add two amendments on immunizations.
One failed and one was successfully added.

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FIRST AMENDMENT

The first amendment, which failed, would have added Haemophilus
influenza type b, and pneumococcal disease to the schedule of
immunizations. In addition one dose of Varicella vaccine, and
”no less than three doses of vaccine for Hepatitis B” would be
required for enrollment into school.

After opposition expressed by Representatives Lynda Boudreau
(R-Faribault) and Jim Abeler (R-Anoka), particularly noting the
lack of public debate and awareness of the amendment, the
committee voted 5-5 against the amendment, and it failed.

VOTING FOR: Representatives Richard Mulder, Fran Bradley
(R-Rochester), Betty Folliard (D-Hopkins), Tom Huntley (D-Duluth),
and Luanne Koskinen (D-Coon Rapids)

VOTING AGAINST: Representatives Abeler, Boudreau, Kevin Goodno
(R-Moorhead), Mary Ellen Otremba (D-Long Prairie) and Tim Wilkin
(R-Eagan).

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SECOND AMENDMENT
Next Mulder proposed an amendment to provide the Minnesota
Department of Health with authority to modify immunization
requirements during the year through rulemaking (regulation).
Any rules adopted between legislative sessions would no longer
be in effect at adjournment of the next legislative session and
the commissioner of health would be required to report on any
rules adopted. (see language below). Representatives Abeler and
Boudreau again opposed the amendment. But with the help of the
committee chairman, this amendment was adopted by a vote of 6-4.

VOTING FOR: Representatives Richard Mulder, Fran Bradley
(R-Rochester), Betty Folliard (D-Hopkins), Chairman Kevin
Goodno (R-Moorhead), Tom Huntley (D-Duluth), and Luanne
Koskinen (D-Coon Rapids)

VOTING AGAINST: Representatives Abeler, Boudreau, Mary Ellen
Otremba (D-Long Prairie) and Tim Wilkin (R-Eagan).

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CONSIDER FUTURE IMPACT:

With this language, although it will require inconvenient and
yearly submission of rules, the Minnesota Department of Health
can continue to annually submit the same rules as the year
before, adding additional immunizations year after year. This
bill gives them the ability to EXPEDITE (speed up) the process.
The legislature is not required to do anything as the list of
required immunizations grows year by year. And few citizens will
know how or when to submit public comments to impact what rules
are written. The State Register is not a part of the everyday
knowledge of individual citizens.

The bill will next be voted on, and amendments can be added,
during a floor session of the full House.

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SENATE BILL HAS SIMILAR LANGUAGE:

The immunization language originally proposed by Representative
Mulder and Senator Linda Higgins (D-Minneapolis) has now been
added to the SENATE Omnibus Health and Human Services bill,
Senate File XXXX (no number yet) which was presented and amended
this afternoon and evening. After the Finance Committee
tomorrow, the bill will be presented for amendments and votes
before the full Senate during floor session.

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LANGUAGE OF MULDER AMENDMENT ADDED TO BILL:

”(b) During portions of the year in which the legislature
is not meeting in regular or special session, the commissioner
of health may modify the immunization requirements of this
section. A modification made under this paragraph must be part
of the current immunization recommendations of each of the
following organizations: the United States Public Health
Services’s Advisory Committee on Immunization Practices, the
American Academy of Family Physicians, and the American Academy
of Pediatrics. The commissioner shall modify the immunization
requirements through rulemaking using the expedited process in
section 14.389. A rule adopted under this paragraph shall be
in effect until the adjournment of the next regular legislative
session held after the rule is adopted. The commissioner shall
report to the legislature on any rules adopted under this
paragraph during the previous calendar year. Such reports are
due by January 15 of the year following the calendar year in
which the rule is adopted, except that if a rule is adopted in
January, a report on that rule is due by February 15 of that year.”


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TO COMMENT: 651-296-2146 House Information
651-296-0504 Senate Information

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Citizens’ Council on Health Care
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ALL INFORMATION, DATA, AND MATERIAL CONTAINED, PRESENTED, OR PROVIDED HERE IS FOR GENERAL INFORMATION PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS REFLECTING THE KNOWLEDGE OR OPINIONS OF THE PUBLISHER, AND IS NOT TO BE CONSTRUED OR INTENDED AS PROVIDING MEDICAL OR LEGAL ADVICE.  THE DECISION WHETHER OR NOT TO VACCINATE IS AN IMPORTANT AND COMPLEX ISSUE AND SHOULD BE MADE BY YOU, AND YOU ALONE, IN CONSULTATION WITH YOUR HEALTH CARE PROVIDER.