Minnesota Department of Health
CERTIFICATE OF SENDING THE NOTICE AND THE STATEMENT OF NEED AND
REASONABLENESS TO LEGISLATORS AND THE LEGISLATIVE COORDINATING
COMMISSION
Proposed Rules Governing Child Care and School Immunization Requirements, Minnesota
Rules, 4604, Revisor’s ID Number RD4101, Governor’s Number AR1052
I certify that on April 29, 2013, when the Department mailed Notice of Intent to Adopt Rules
under Minnesota Statutes, section 14.14 or 14.22, I sent a copy of the Notice and the Statement of
Need and Reasonableness to certain Legislators and the Legislative Coordinating Commission by
sending an electronic copy via e-mail. I mailed these documents to comply with Minnesota Statutes,
section 14.116. A copy of the cover letter is attached to this Certificate with a list of legislators who
received the letter.
_________________________________
Patricia Freeman
Policy Analyst/Rule Writer
Senator Tony Lourey, Chair, Senate Health and Human Services Division
Senator Julie Rosen, Ranking Minority Member, Senate Health and Human Services Division
Senator Kathy Sheran, Chair, Senate Health, Human Services and Housing
Senator Michelle Benson, Ranking Minority Member, Senate Health, Human Services and Housing
Representative Thomas Huntley, Chair, House Health and Human Services Finance
Representative Jim Abeler, Ranking Minority Member, House Health and Human Services Finance
Representative Tina Liebling, Chair, Health and Human Services Policy
Representative Steve Gottwalt, Ranking Minority Member, House Health and Human Services Policy
Protecting, maintaining and improving the health of all Minnesotans
Minnesota Department of Health
NOTICE OF HEARING TO THOSE WHO REQUESTED A HEARING
Proposed Amendments to Rules Governing Child Care and School Immunization
Requirements, Minnesota Rules, 4604; Revisor’s ID Number RD4101
To persons who requested a hearing. In accordance with Minnesota Statutes, section 14.25,
subdivision 1, the Department is sending this Notice to all persons who requested a hearing.
There will be a hearing. In the April, 29, 2013, State Register, on pages 1572 to 1576, the
Department of Health published a Notice of Intent to Adopt Rules relating to Child Care and
School Immunization Requirements. The Notice stated that the Department would hold a hearing
on the proposed rules if 25 or more persons submitted written requests. We have received a
sufficient number of requests for a hearing. The hearing will be conducted as stated in the State
Register in OLF-B144 of the Freeman Building located at 625 North Robert Street in St. Paul,
starting at 9:30 on Thursday, June 27, 2013.
Administrative Law Judge. Administrative Law Judge Eric Lipman will conduct the hearing.
The judge can be reached at the Office of Administrative Hearings, 600 North Robert Street, P.O.
Box 64620, Saint Paul, Minnesota 55164-0620, telephone651-361-7842, and FAX
651-361-7936.You should direct questions concerning the rule hearing procedure to the
administrative law judge.
Agency Contact Person. The agency contact person is: Patricia Segal Freeman at P.O. Box 64975.
St. Paul, MN 55164-00975, phone 651-201-5503 or 1-800-657-3970, fax 651-201-5501, and
[email protected]. You should direct questions or comments about the rules to the
agency contact person. A copy of the Notice of Intent to Adopt Rules, as published in the State
Register on April 29, 2013, is available upon request from the agency contact person.
May 22, 2013
Patricia Segal Freeman
Policy Analyst/Rule Writer
General Information: 651-201-5000 • Toll-free: 888-345-0823 •
An equal opportunity employer
www.health.state.mn.us
Office Memorandum
Date: January 28th, 2013
To: Patricia Segal Freeman, Policy Analyst
Minnesota Department of Health (MDH)
From: Susan Melchionne, Executive Budget Officer
Budget Division, Minnesota Management and Budget
Phone: 651-201-8035
Subject: M.S. 14.131 Review of Rules Proposed by the Minnesota Department of Health Relating to
Communicable Disease Reporting and School Immunization; Minnesota Rules 4604; #AR
1052
Background
The Minnesota Department of Health (MDH) is proposing to make the following changes to rules
regarding school immunization requirements and reporting:
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Update and clarify definitions in part 4604 of Minnesota Rules.
Update reporting requirements for schools and child care programs. These changes serve to
increase efficiencies and reduce administrative burdens for schools and child care programs.
Allow elementary and secondary schools to verify immunization status regardless of the grade of
the student. Annual Immunization Status Report (AISR) requirements will not be impacted.
Update vaccination requirements to bring them in line with current medically accepted standards.
Specific changes include:
o An update to the age-based dose requirement for a child’s polio vaccine.
o An update to the age of documentation of receipt of the varicella (chickenpox) vaccine.
o For younger children, updates to the dose requirements for a child’s DTaP vaccine.
o Adding a Hepatitis B vaccination requirement for children over two months old who are
enrolled in child care or school-based early childhood program.
o Adding a Hepatitis A vaccination for all children 12 months and older who are enrolled
in child care or school-based early childhood program.
o Replacing the current Td (tetanus, diphtheria) requirement with a Tdap (tetanus,
diphtheria, and acellular pertussis) for students entering 7th grade. Also adding a
requirement that students enrolled in 8th through 12th grade be able to show proof of
vaccination upon request. Annual Immunization Status Report (AISR) requirements will
not be impacted.
o Adding a meningococcal vaccine requirement for students entering 7th grade, along with
a requirement that students in 8th through 12th grades be able to show proof of vaccination
upon request.
Technical change to a previously approved rule to clarify intent.
658 Cedar Street  400 Centennial Office Building
Saint Paul, Minnesota 55155  TTY: 1-800-627-3529
An Equal Opportunity Employer
January 28, 2013
Page 2
The purposes of these proposed changes are to update the current child care and school immunization
requirements to reflect new, evidence-based national immunization recommendations.
MDH’s authority to adopt and implement rules modifying school immunization requirements can be
found in Minnesota Statutes 121A.15, subdivision 12 paragraphs (a) and (c).
Pursuant to M.S. 14.131, the Minnesota Department of Health has asked the Commissioner of
Minnesota Management and Budget (MMB) to help evaluate the fiscal impact and fiscal benefit of the
proposed amendments on local units of government.
Evaluation
On behalf of the Commissioner of MMB, I have reviewed the proposed rules and related Statement of
Need and Reasonableness (SONAR) for any potential costs and benefits to local units of government.
My evaluation is summarized below:
The cost impacts of these changes on local units of government are expected to be minimal. There will
be no costs to local governments to administer the newly required vaccines, as they are paid for either
through publically funded programs or through private insurance. Also, these vaccines are already
recommended by the US Public Health Service’s Advisory Committee on Immunization Practices
(ACIP), so these changes largely serve to codify current practice. Finally, the agency has indicated that
local public health organizations are strongly in favor of these changes, as they anticipate they will
reduce costs in the long run.
In terms of enforcement and reporting impacts, impacts are anticipated to be minimal. This is because
most schools have access to the Minnesota Immunization Information Connection (MIIC) and have
electronic tracking systems already in place to record student immunization information. These two
tools will keep the costs of adapting to and enforcing the new requirements low. For schools, schoolbased early childhood programs, and child care programs that do not have these tools available, the
administrative costs will likely be higher. However, MDH is working to increase the use of MIIC, and
has noted throughout the SONAR steps taken and accommodations made to help ease the administrative
and enforcement burden on the impacted schools and programs.
Based on this information, I believe that the Minnesota Department of Health has adequately analyzed
and presented the potential costs and benefits of the proposed rules. These rule changes will have a
minimal fiscal impact on local governments.
cc: Angela Vogt, MMB Budget Division Team Leader