Bill Text: HI HB1726 | 2024 | Regular Session | Introduced
Bill Title: Relating To Medical Exemptions.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced) 2024-01-24 - Referred to HLT, CPC, referral sheet 1 [HB1726 Detail]
Download: Hawaii-2024-HB1726-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1726 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to medical exemptions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that vaccinations and immunizations are required for various activities in the State, including enrolling children into school and working in certain offices. The current state law allows for medical and religious exemptions. However, residents are required to renew medical exemptions every three months, which may impose unreasonable burdens. The purpose of this Act is to standardize issuing an endurable medical exemption.
SECTION 2. Section 302A-1156, Hawaii Revised Statutes, is amended to read as follows:
"§302A-1156 Exemptions. (a) A child may be exempted from the required immunizations:
(1) If a licensed physician, physician assistant, or advanced practice registered nurse certifies that the physical condition of the child is such that immunizations would endanger the child's life or health; or
(2) If any parent, custodian, guardian, or any other person in loco parentis to a child objects to immunization in writing on the grounds that the immunization conflicts with that person's bona fide religious tenets and practices. Upon showing the appropriate school official satisfactory evidence of the exemption, no certificate or other evidence of immunization shall be required for entry into school.
(b) An exemption under subsection (a)(1) shall be valid until such vaccination is found to no longer be detrimental to the child’s health by the licensed physician, physician assistant, or advanced practice registered nurse.
(c) A licensed physician, physician assistant, or
advanced practice registered nurse who believes that such vaccination may be
detrimental to the child's health under subsection (a)(1) must complete a
medical exemption form that contains the following:
(1) Name of person;
(2) If a minor,
name of parent, parents, or guardian;
(3) Date of birth;
(4) Residence,
including mailing address; and
(5) A health care
provider's signed statement certifying that the specific vaccine or vaccines may
be detrimental to the person’s health.
(d)
The department, board, commission, or any other state or
municipal agency may not require any other condition or requirement for the
medical exemption to a vaccine or vaccines.
(e) Discrimination on basis of the person’s
status of having a medical exemption provided for in this section is
prohibited.
(f) Absent fraud or intentional misrepresentation
of verifiable facts, a licensed physician, physician assistant, or advanced
practice registered nurse shall not be subject to any disciplinary action or
penalty by the department, board, commission, or any other state or municipal
agency for issuing a medical exemption form as provided for in this section."
SECTION 3. Section 302A-1157, Hawaii Revised Statutes, is amended to read as follows:
"§302A-1157 Exemptions from immunization; [not recognized;]
epidemic conditions. (a) If at any time there is, in the opinion of
the department of health, danger of an epidemic from any of the communicable
diseases for which immunization is required under sections 302A-1154 to
302A-1163, [no] an exemption from immunization against the disease shall
be recognized if a licensed physician, physician assistant, or advanced
practice registered nurse completes the required medical exemption form stating
that such vaccination may be detrimental to the child’s health. Quarantine shall be a legal alternative to
immunization.
(b) An exemption under subsection (a) shall be valid until such vaccination is found to no longer be detrimental to the child’s health by the licensed physician, physician assistant, or advanced practice registered nurse.
(c) A licensed physician, physician assistant, or
advanced practice registered nurse who believes that such vaccination may be
detrimental to the child's health under subsection (a) must complete the
medical exemption form that contains the following:
(1) Name of person;
(2) If a minor,
name of parent, parents, or guardian;
(3) Date of birth;
(4) Residence,
including mailing address; and
(5) A health care
provider's signed statement certifying that the specific vaccine or vaccines
may be detrimental to the person’s health.
(d)
The department, board, commission, or any other state or
municipal agency may not require any other condition or requirement for the
medical exemption to a vaccine or vaccines.
(e) Discrimination on basis of the person's
status of having a medical exemption provided for in this section is
prohibited.
(f) Absent fraud or intentional misrepresentation
of verifiable facts, a licensed physician, physician assistant, or advanced practice
registered nurse shall not be subject to any disciplinary action or penalty by the
department, board, commission, or any other state or municipal agency for
issuing a medical exemption form as provided for in this section."
SECTION 4. Section 325-34, Hawaii Revised Statutes, is amended to read as follows:
"§325-34 Exemptions. (a)
Section 325-32 shall be construed not to require the vaccination or
immunization of any person [for three months after] a duly licensed
physician, physician assistant, advanced practice registered nurse, or an
authorized representative of the department of health has signed two copies of
a [certificate] medical exemption form stating that such vaccination
may be detrimental to the person's health [stating the name and address
of the person and that because of a stated cause the health of the person would
be endangered by the vaccination or immunization], and has forwarded the
original copy of the [certificate] medical exemption form to the
person or, if the person is a minor or under guardianship[, to the person's
parent or guardian, and has forwarded the duplicate copy of the certificate to
the department for its files].
(b) An exemption under subsection (a) shall be valid until such vaccination is found to no longer be detrimental to the person’s health by the licensed physician, physician assistant, or advanced practice registered nurse.
(c) A licensed physician, physician assistant, or
advanced practice registered nurse who believes that such vaccination may be
detrimental to the person's health under subsection (a) must complete the
medical exemption form that contains the following:
(1) Name of person;
(2) If a minor,
name of parent, parents, or guardian;
(3) Date of birth;
(4) Residence,
including mailing address; and
(5) A health care
provider's signed statement certifying that the specific vaccine or vaccines
may be detrimental to the person’s health.
(d)
The department of health, board, commission, or any other
state or municipal agency may not require any other condition or requirement
for the medical exemption to a vaccine or vaccines.
(e) Discrimination on basis of the person's
status of having a medical exemption provided for in this section is
prohibited.
(f) Absent fraud or intentional misrepresentation
of verifiable facts, a licensed physician, physician assistant, or advanced
practice registered nurse shall not be subject to any disciplinary action or
penalty by department of health, board, commission, or any other state or
municipal agency for issuing a medical exemption form as provided for in this
section.
(g) No person shall be subjected to vaccination, revaccination or immunization, who shall in writing object thereto on the grounds that the requirements are not in accordance with the religious tenets of an established church of which the person is a member or adherent, or, if the person is a minor or under guardianship, whose parent or guardian shall in writing object thereto on such grounds, but no objection shall be recognized when, in the opinion of the director of health, there is danger of an epidemic from any communicable disease."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Minority Caucus Package; Immunization; Medical Exemptions
Description:
Standardizes medical exemptions from vaccination and immunization requirements. Allows one medical exemption form to remain valid.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
