Shot_Free_In_Montana - Vaccination Information

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Montana Exemption Law

FORMS
Religious Exemption form, HES-113, must be signed and notarized yearly.
Medical Exemption forms have changed, a Hib exemption form for daycare has been added.

Online Sources
HES-113, Religious Exemption form, from MT DPHHS:
http://dphhs.mt.gov/Portals/85/publichealth/documents/Immunization/School/ReligiousExemptionForm2015.pdf

DayCare - Hib ONLY
Religious Exemption for Hib in Daycare Rev 8/14 Hes-114

HES-101, Certificate of Immunization
Form No. HES-101

Note: The new Medical Exemption form is IZ HES101A (REV 8/1012)
New Medical Exemption Statement Rev 8/20/12
Contains a list Contraindications


ImMTrax Consent Form for Children

Your local grade school or high school office will likely have a preprinted form from the department on hand and you may ask for a copy.
or by contacting the department of health:
Montana Immunization Program, DPHHS, Cogswell Building, Helena, MT 59620. Phone 406-444-5580


Montana Law: (activism)
Making daycare available to Religious Exemption.


Scroll down or use links for selected paragraphs included in this page:
Requirements 20-5-403,    Exemptions 20-5-405    Failure 20-5-409 and    52-2-735 (DAY-CARE)   FAQ_Q_&_A for MCA 2015.

Misc  |   HomeBirth  |   MidWives/eye-salve/birth-registration/metabolic-tests

Offsite link to OSHA employee Hep B vaccine declination form: vaclib.org/exemption.htm#osha

Or use off-site links to Montana Code Annotated source pages.

Latest version of Montana Law Annotated Index MCA 2015

http://leg.mt.gov/bills/mca_toc/20_5_4.htm
for all sections re the School requirements 2015.
MCA 2015 Part 4. Health
Index includes
20-5-403. Immunization required -- release and acceptance of immunization records.
20-5-405. Medical or religious exemption
20-5-406. Immunization record.

'Immunizations required' http://leg.mt.gov/bills/mca/20/5/20-5-403.htm

Exemptions http://leg.mt.gov/bills/mca/20/5/20-5-405.htm

Adoption law . http://leg.mt.gov/bills/mca_toc/42.htm

Index to part 7. Child Care http://leg.mt.gov/bills/mca_toc/52_2_7.htm

Search MCA http://opi.mt.gov/MCASearch/


Q. Does Montana have exemptions to vaccination requirements?
Yes. Montana has both medical and religious exemptions. The religious exemption is a general one. Therefore, anyone who believes it is in the best interest of their child or adult self to not vaccinate is eligible to claim the religious exemption. Note: see next Question for daycare.

Under Federal Laws, "religious practices" are defined by law to include moral or ethical beliefs about what is right and wrong that are sincerely held with the strength of traditional views.

- 29 C.F.R. A71605.1

For additional information on Religion and Vaccination see
http://www.vaclib.org/links/religion.htm

Q. Do the exemptions mentioned above apply to day-care?
Only partially. See section 735 below. Relevant phrases are bolded.
The Religious exemption to daycare applies only to the Hib vaccine.
The medical exemption in the daycare setting applies to all vaccines.

Q. Where do I get exemption forms?
A. A good source is the office of your local grade school.
Some links to downloadable forms are at: Top of this page FORMS.

Montana Exemption Page:
http://www.vaclib.org/exempt/montana.htm


Source: 20-5-403. Immunization required http://leg.mt.gov/bills/mca/20/5/20-5-403.htm

Montana Code Annotated 2015

http://leg.mt.gov/bills/mca/20/5/20-5-403.htm


     20-5-403. Immunization required -- release and acceptance of immunization records. (1) The governing authority of any school other than a postsecondary school may not allow a person to attend as a pupil unless the person:
     (a) has been immunized against varicella, diphtheria, pertussis, tetanus, poliomyelitis, rubella, mumps, and measles (rubeola) in the manner and with immunizing agents approved by the department;
     (b) has been immunized against Haemophilus influenza type "b" before enrolling in a preschool if under 5 years of age;
     (c) qualifies for conditional attendance; or
     (d) files for an exemption.
     (2) (a) The governing authority of a postsecondary school may not allow a person to attend as a pupil unless the person:
     (i) has been immunized against rubella and measles (rubeola) in the manner and with immunizing agents approved by the department; or
     (ii) files for an exemption.
     (b) The governing authority of a postsecondary school may impose immunization requirements as a condition of attendance that are more stringent than those required by this part.
     (3) A pupil who transfers from one school district to another may photocopy immunization records in the possession of the school of origin. The school district to which a pupil transfers shall accept the photocopy as evidence of immunization. Within 30 days after a transferring pupil ceases attendance at the school of origin, the school shall retain a certified copy for the permanent record and send the original immunization records for the pupil to the school district to which the pupil transfers.

     History: En. Sec. 2, Ch. 147, L. 1979; amd. Sec. 1, Ch. 509, L. 1981; amd. Sec. 1, Ch. 102, L. 1983; amd. Sec. 2, Ch. 644, L. 1989; amd. Sec. 1, Ch. 165, L. 1991; amd. Sec. 1, Ch. 156, L. 2005.


Source: 20-5-405. Medical or religious exemption. http://leg.mt.gov/bills/mca/20/5/20-5-405.htm

Montana Code Annotated 2015


     20-5-405. Medical or religious exemption. (1) When a parent, guardian, or adult who has the responsibility for the care and custody of a minor seeking to attend school or the person seeking to attend school, if an adult, signs and files with the governing authority, prior to the commencement of attendance each school year, a notarized affidavit on a form prescribed by the department stating that immunization is contrary to the religious tenets and practices of the signer, immunization of the person seeking to attend the school may not be required prior to attendance at the school. The statement must be maintained as part of the person's immunization records. A person who falsely claims a religious exemption is subject to the penalty for false swearing provided in 45-7-202.
      (2) When a parent, guardian, or adult who has the responsibility for the care and custody of a minor seeking to attend school or the person seeking to attend school, if an adult, files with the governing authority a written statement signed by a physician licensed to practice medicine in any jurisdiction of the United States or Canada stating that the physical condition of the person seeking to attend school or medical circumstances relating to the person indicate that some or all of the required immunizations are not considered safe and indicating the specific nature and probable duration of the medical condition or circumstances that contraindicate immunization, the person is exempt from the requirements of this part to the extent indicated by the physician's statement. The statement must be maintained as part of the person's immunization records.
     (3) Whenever there is good cause to believe that a person for whom an exemption has been filed under this section has a disease or has been exposed to a disease listed in 20-5-403 or will as the result of school attendance be exposed to the disease, the person may be excluded from the school by the local health officer or the department until the excluding authority is satisfied that the person no longer risks contracting or transmitting that disease.

     History: En. Sec. 4, Ch. 147, L. 1979; amd. Sec. 3, Ch. 102, L. 1983; amd. Sec. 4, Ch. 644, L. 1989; amd. Sec. 299, Ch. 56, L. 2009.


Source 20-5-409. Failure to immunize or claim exemption -- http://leg.mt.gov/bills/mca/20/5/20-5-409.htm

Montana Code Annotated 2015


     20-5-409. Failure to immunize or claim exemption -- injunction. (1) A parent, guardian, or adult having the responsibility for the care and custody of a minor required by law to attend school shall elect to do one of the following:
     (a) present evidence to the school that the minor has been immunized against the diseases specified in 20-5-403;
     (b) take action to fully immunize the minor against the diseases listed in 20-5-403, in the manner and with immunizing agents approved by the department;
     (c) file for an exemption pursuant to 20-5-405.
     (2) If, as a result of the parent, guardian, or responsible adult's failure to make the election referred to in subsection (1), the minor is excluded from school, the department or the local health department may seek an injunction requiring the parent, guardian, or responsible adult to elect and perform one of the alternatives listed in subsection (1).
     (3) Injunction is the exclusive remedy for failure to take any of the actions referred to in subsection (1).

     History: En. Sec. 8, Ch. 147, L. 1979.


Table of Contents [To entire Title 52, Chapter 2. Part 7.] http://leg.mt.gov/bills/mca_toc/52_2_7.htm

TITLE 52. FAMILY SERVICES
CHAPTER 2. CHILDREN'S SERVICES

Part 7. Child Care

     52-2-701. Short title. This part may be cited as the "Montana Child Care Act".

Source: 52-2-735. Health protection http://leg.mt.gov/bills/mca/52/2/52-2-735.htm

Montana Code Annotated 2015


     52-2-735. Health protection -- certification required. (1) The department shall adopt rules for the protection of children in day-care centers from the health hazards of inadequate food preparation, poor nutrition, and communicable diseases. Rules adopted by the department must include rules requiring children under 5 years of age to be immunized against Haemophilus influenza type "b" before being admitted for care in the facility unless an exemption has been claimed as provided in 20-5-405.
[Note: Religious exemption to day care currently applies only to Hib vaccine due to Rules and Regulations!]
     (2) Local public health authorities shall arrange to provide training to day-care center providers and employees regarding health hazards. Upon successful completion of the training the local public health authorities shall issue certificates to the providers and employees.
     (3) In lieu of training, local public health authorities may elect to inspect facilities and issue certificates of approval to child-care center providers.
     (4) Each applicant for a license to operate a day-care center shall submit to the department a certificate issued pursuant to subsection (2) or (3) before the department will issue a license.
     (5) The local public health authority may charge the applicant a reasonable fee, not to exceed $25, for any inspection necessary to issue a certificate of approval, or a fee not to exceed the documented cost for training it provides under this section.

     History: En. Sec. 5, Ch. 247, L. 1965; amd. Sec. 5, Ch. 121, L. 1974; R.C.M. 1947, 10-805; amd. Sec. 7, Ch. 606, L. 1981; Sec. 53-4-506, MCA 1987; redes. 52-2-735 by Code Commissioner, 1989; amd. Sec. 3, Ch. 165, L. 1991; amd. Sec. 152, Ch. 418, L. 1995; amd. Sec. 352, Ch. 546, L. 1995.


    MCA -- Sept. 1997

    7-23-4201. Sale or adoption of cat or dog -- information required. (1) The following information must be provided by any pet shop operator, humane society, or publicly operated animal shelter or pound that makes a cat or dog available for sale or adoption:
    (a) age, sex, and weight of the animal;
    (b) breed of the animal;
    (c) a record of vaccinations and veterinary care and treatment the animal has received, including, if available, the manufacturer's name and the serial number of the vaccination used; and
    (d) a record of surgical sterilization of the animal or notice of the lack of surgical sterilization, as applicable.
    (2) The following information must be retained for a period of 2 years and remains confidential unless requested pursuant to an enforcement action or legal proceeding:
    (a) if known, the name and address of the breeder of the animal;
    (b) if known, the name and address of any person who owned or harbored the animal between its birth and the time of sale or adoption; and
    (c) a copy of the import permit and health certificate pertaining to an animal imported from outside Montana.

    History

    History: En. Sec. 1, Ch. 426, L. 1997.

    7-23-4202. Adoption of cat or dog from humane society, animal shelter, or pound -- spay or neuter required -- deposit -- penalty -- exceptions.

    7-23-4202. Adoption of cat or dog from humane society, animal shelter, or pound -- spay or neuter required -- deposit -- penalty -- exceptions. (1)
Except as provided in subsections (6) and (7), a humane society or publicly operated animal shelter or pound may not offer for adoption, sale, or trade any cat or dog that has not been redeemed by the owner unless:
    (a) the animal has been spayed or neutered; or
    (b) the person to whom the animal is released agrees in writing to have the animal spayed or neutered and a deposit for spaying or neutering the animal has been paid. The deposit must be in an amount determined by the humane society or publicly operated animal shelter or pound to be comparable to the lowest fee for spaying or neutering that is charged by veterinarians in the locale.
    (2) Upon payment of the deposit required in subsection (1), the person who is adopting the animal must receive a certificate for spaying or neutering, to be presented to a licensed veterinarian, who shall complete the certificate when the spaying or neutering is done. Upon receipt of the completed certificate verifying that the animal has been spayed or neutered, the humane society or publicly operated animal shelter or pound shall forward the deposit to the veterinarian who performed the procedure.
    (3) The deposit must be forfeited if the spaying or neutering is not done:
    (a) within 30 days if the cat or dog is more than 6 months old at the time of adoption; or
    (b) by the time the animal reaches the age of 6 months if the animal is less than 6 months old at the time of adoption, or within 30 days of the adoption, whichever is longer.
    (4) A deposit forfeited pursuant to subsection (3) may be used only for the following purposes:     (a) a public education program designed to prevent the overpopulation of cats and dogs;
    (b) a program to spay or neuter cats and dogs; and     (c) costs incurred in the enforcement of this section, including a follow-up program to ensure that animals adopted from or sold or traded by the humane society or publicly operated animal shelter or pound are spayed or neutered.
    (5) Failure to fulfill the terms of an agreement entered into pursuant to subsection (1)(b) may, at the discretion of the county attorney, result in the filing of a misdemeanor charge punishable by a fine of not more than $500.
    (6) The provisions of this section do not apply to an animal for which a licensed veterinarian verifies in writing that spaying or neutering would be injurious to the animal's health.
    (7) The provisions of this section do not apply when a humane society or publicly operated animal shelter or pound, at its discretion, chooses to accept an adoption fee of not less than $50 from a person who wishes to adopt an animal for breeding purposes.

History

    History: En. Sec. 2, Ch. 426, L. 1997.

    7-23-4203. Additional spaying or neutering requirements not precluded -- cooperative agreements.

[See link at top of page for further state law requirements.]



Misc.
February 16, 2006 search for exemption information including the Vitamin K , Hepatitis B and eye salve.
Summary:

I found no requirement for either vitamin K or Hep B at any age.
One reference from Missoula county said that Head Start (Day Care) requires Hep B.

Another law reference said that Mid wives may administer either oral or injected Vitamin K.
Another reference said that Mid-wives are required to file a birth certificate record.

I did find a requirement for eye salve. (see below)
Also a requirement for a blood sample within 7 days of birth. (also below)



http://leg.mt.gov/bills/mca/37/27/37-27-111.htm
Montana Code Annotated 2009


     37-27-111. Parents' rights regarding birth of baby. Except as otherwise provided by law, parents have a right to give birth where and with whom they choose.

     History: En. Sec. 1, Ch. 493, L. 1989. Sec. 37-75-101, MCA 1989; redes. 37-27-111 by Code Commissioner, 1991.



Laws bearing on Midwives

http://www.narm.org (North American Registry of Midwives)

http://mana.org/about-midwives/state-by-state#Montana
Montana
TITLE 37. PROFESSIONS AND OCCUPATIONS
CHAPTER 27. DIRECT-ENTRY MIDWIFERY

http://leg.mt.gov/bills/mca/37/27/37-27-302.htm
Montana Code Annotated 2009


     37-27-302. Administration of prescription drugs prohibited -- exceptions. A licensed direct-entry midwife may not dispense or administer prescription drugs other than newborn vitamin K (oral or intramuscular preparations), pitocin (intramuscular) postpartum, xylocaine (subcutaneous), and, in accordance with administrative rules adopted by the department of public health and human services, prophylactic eye agents to newborn infants. These drugs may be administered only if prescribed by a physician.

     History: En. Sec. 11, Ch. 550, L. 1991; amd. Sec. 42, Ch. 44, L. 2007.

http://www.mtrules.org/gateway/ruleno.asp?RN=37.114.560
Administrative Rules of Montana
Repealed
37.114.560 OPHTHALMIA NEONATORUM (1) Whenever a case of ophthalmia neonatorum is confirmed:

  (a) drainage and secretion precautions must be imposed until 24 hours after administration of an antibiotic; and

  (b) concurrent disinfection of discharges is necessary.

  (2) Precautions which must be followed by any birth attendant to prevent ophthalmia neonatorum are contained in ARM 16.24.215. (History: Sec. 50-1-202, 50-2-118, MCA; IMP, Sec. 50-1-202, 50-2-118, MCA; NEW, 1987 MAR p. 2147, Eff. 11/28/87.)

Arm 37.57.308 Newborn Eye Treatment
http://www.mtrules.org/gateway/ruleno.asp?RN=37.57.308
Administrative Rules of Montana

37.57.308    NEWBORN EYE TREATMENT

(1) A physician, nurse-midwife, or any other person who assists at the birth of any newborn must, within the time limit stated in (3) below, instill or have instilled into each conjunctival sac of the newborn one of the following:

(a) erythromycin (0.5%) ophthalmic ointment or drops from single-use tubes or ampules;

(b) tetracycline (1%) ophthalmic ointment or drops from single-use tubes or ampules; or

(c) silver nitrate solution (1%) in single-dose ampules.

(2) A prophylactic agent referred to in (1) above may not be flushed from a newborn's eyes after instillation.

(3) The prophylactic agent must be administered to a newborn within one hour after its birth unless it is physically impossible to obtain the agent within that time, in which case the agent must be administered as soon as possible.

History: 50-1-202, MCA; IMP, 50-1-202, MCA; NEW, 1987 MAR p. 2147, Eff. 11/28/87; TRANS, from DHES, 2001 MAR p. 398; AMD, 2008 MAR p. 44, Eff. 1/18/08.


37.57.307    INFANT BORN OUTSIDE HEALTH CARE FACILITY

(1) When an infant is born outside of a health care facility and is not subsequently transferred to a health care facility for initial newborn care, it is the responsibility of one of the persons designated in 50-15-221(4)(a), (b), and (c), MCA, in the order of priority indicated therein, to cause the blood specimen to be taken and submitted, as required by this subchapter.

History: 50-19-202, MCA; IMP, 50-19-203, MCA; Eff. 12/31/72; AMD, Eff. 5/6/74; AMD, 1985 MAR p. 1612, Eff. 11/1/85; TRANS, from DHES, 2001 MAR p. 398; AMD, 2003 MAR p. 1298, Eff. 7/1/03; AMD, 2008 MAR p. 44, Eff. 1/18/08.


Note: 50-15-201. Repealed.[?] http://leg.mt.gov/bills/mca/50/15/50-15-201.htm

For violating a rule of the DPHHS
http://leg.mt.gov/bills/mca/50/1/50-1-104.htm
     50-1-104. General penalty. Anyone who violates a rule adopted by the department for which a penalty is not specified is guilty of a misdemeanor.

http://leg.mt.gov/bills/mca/50/2/50-2-124.htm
For violating a rule of the local health board.
Montana Code Annotated 2009

     50-2-124. Penalties for violations. (1) A person who does not comply with rules adopted by a local board is guilty of a misdemeanor. On conviction, the person shall be fined not less than $10 or more than $200.
     (2) Except as provided in 50-2-123 and subsection (1) of this section, a person who violates the provisions of this chapter or rules adopted by the department under the provisions of this chapter is guilty of a misdemeanor. On conviction, the person shall be fined not less than $10 or more than $500 or be imprisoned for not more than 90 days, or both.
     (3) Each day of violation constitutes a separate offense.
     (4) Fines, except justice's court fines, must be paid to the county treasurer of the county in which the violation occurs.

     History: En. Sec. 96, Ch. 197, L. 1967; amd. Sec. 108, Ch. 349, L. 1974; amd. Sec. 3, Ch. 273, L. 1975; R.C.M. 1947, 69-4519(2) thru (4); amd. Sec. 2, Ch. 709, L. 1985; amd. Sec. 34, Ch. 557, L. 1987; amd. Sec. 1813, Ch. 56, L. 2009.

http://leg.mt.gov/bills/mca/50/19/50-19-203.htm

     50-19-203. Newborn screening and followup for metabolic and genetic disorders. (1) A person in charge of a facility in which a child is born or a facility in which a newborn is provided care or a person responsible for the registration of the birth of a newborn shall ensure that each newborn is administered tests designed to detect inborn metabolic and genetic disorders as required under rules adopted by the department.
     (2) The tests must be done by an approved laboratory. An approved laboratory must be the laboratory of the department or a laboratory approved by the department.
     (3) The department shall contract with one or more providers qualified to provide followup services, including counseling and education, for children and parents of children identified with metabolic or genetic disorders to ensure the availability of followup services.

     History: En. Sec. 2, Ch. 227, L. 1973; R.C.M. 1947, 69-6711; amd. Sec. 1, Ch. 401, L. 2007.

http://leg.mt.gov/bills/mca/37/27/37-27-321.htm
     History: En. Sec. 11, Ch. 550, L. 1991. Montana Code Annotated 2009

     37-27-321. Filing of birth certificate. (1) When a birth occurs with a licensed direct-entry midwife in attendance, the direct-entry midwife shall prepare and file a birth certificate, as required by 50-15-221, with the department of public health and human services.
     (2) Failure of a direct-entry midwife to prepare and file the birth certificate constitutes grounds for the suspension or revocation of a license granted under this chapter.

     History: En. Sec. 22, Ch. 550, L. 1991; amd. Sec. 64, Ch. 418, L. 1995; amd. Sec. 1, Ch. 515, L. 1995; amd. Sec. 93, Ch. 546, L. 1995.



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