CHAPTER 117
H.P. 1624 - L.D. 2124
Resolve, Regarding Legislative Review of Portions of Chapter 126: Immunization Requirements for School Children, a Rule of the Department of Human Services, and Portions of Chapter 261: Immunization Requirements for School Children, a Rule of the Department of Education, Major Substantive Rules Jointly Adopted by the Department of Human Services and the Department of Education
Mandate preamble; rules. This measure authorizes final adoption of a rule that requires one or more local units of government to expand or modify activities so as to necessitate additional expenditures from local revenues for which funding for at least 90% of those expenditures has not been provided. Pursuant to the Constitution of Maine, Article IX, Section 21, two thirds of all the members elected to each House have determined it necessary to enact this measure authorizing the rule that represents a state mandate.
Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Maine Revised Statutes, Title 5, chapter 375, subchapter II-A requires legislative authorization before major substantive agency rules may be finally adopted by the agency; and
Whereas, the above-named major substantive rules have been submitted to the Legislature for review; and
Whereas, immediate enactment of this resolve is necessary to record the Legislature's position on final adoption of the rules; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it
Sec. 1. Adoption. Resolved: That final adoption of portions of Chapter 126: Immunization Requirements for School Children, a rule of the Department of Human Services, and portions of Chapter 261: Immunization Requirements for School Children, a rule of the Department of Education, provisionally adopted major substantive rules jointly adopted by the Department of Human Services and the Department of Education, that have been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter II-A is authorized only if the rules are amended as follows.
1. The rules must be amended to add the word "public" before the phrase "health official" when describing who can present a school with a Certificate of Immunization.
2. The rules must be amended to include the school physician along with the superintendent as an individual who can exclude from public school any child or employee who has contracted or has been exposed to a communicable disease.
3. The rules must be amended to change "may not" to "shall not" in the sentence that prohibits a child from returning to school when the child has not received all the required vaccines.
4. The rules must be amended to change "administrators" to "superintendents" when describing with whom the results of a sample survey to identify problem areas that may be occurring in the completion of school health records will be shared.
5. The rules must be amended to change "regulation of school board" to "regulation of school board policy" when describing the mechanisms by which additional requirements regarding immunization requirements for children can be adopted.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective April 11, 2002.
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