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EDUCATION DIVISION II.
ELEMENTARY AND SECONDARY EDUCATION
TITLE 7. PUBLIC SCHOOLS
SUBTITLE 4. HEALTH AND SAFETY OF STUDENTS
Md. EDUCATION Code
Ann. § 7-403 (2007)
FIRST OF TWO VERSIONS OF THIS SECTION
§ 7-403. Immunizations [Amendment subject
to abrogation]
(a) Rules and regulations.
(1) In cooperation with the State Board and
the Medical and Chirurgical Faculty of Maryland, the Department
of Health and Mental Hygiene shall adopt rules and regulations
regarding blood tests for lead poisoning required of children
entering schools.
(2) In cooperation with the State Board and Statewide Advisory
Commission on Immunizations, the Department of Health and Mental
Hygiene shall adopt rules and regulations regarding immunizations
required of children entering schools.
(3) These rules and regulations shall:
(i) Be adopted in compliance with the Administrative
Procedure Act;
(ii) Provide that any child may have the immunization administered
by his personal physician; and
(iii)
1. By September 2003, in areas designated
as at risk for lead poisoning, as determined under §
18-106 of the Health-General Article, when a child enters
a public pre-kindergarten program, kindergarten program, or
first grade, require the parent or legal guardian of the child
to provide documentation from a health care provider, on a
form developed by the Department of Health and Mental Hygiene,
certifying that the child has undergone blood testing
for lead poisoning administered in accordance with the
guidelines of the Centers for Disease Control and Preventions
in the screening of young children for lead poisoning; Guidance
for State and Local Public Health Officials (November 1997)
and any subsequent guidelines; and
2. By September 2003, require a program or school to report
the name, last known address, and telephone number of each
child for whom certified documentation of a lead test is not
provided under item 1 of this item, as determined by regulation,
to the local health department in the jurisdiction where
the child resides.
(4) Any requirement for the administration
of pertussis vaccine shall be consistent with § 18-332 (b)
of the Health-General Article.
(b) Exception.
(1) Unless the Secretary of Health and Mental
Hygiene declares an emergency or an epidemic of disease, a child
whose parent or guardian objects to immunization on the ground
that it conflicts with the parent's or guardian's bona fide religious
beliefs and practices may not be required to present a physician's
certification of immunization in order to be admitted to school.
(2) The Secretary of Health and Mental Hygiene shall adopt rules
and regulations for religious exemptions under this subsection.
SECOND OF TWO VERSIONS
OF THIS SECTION
§ 7-403. Immunizations (Abrogation of
amendment effective May 31, 2008)
(a) Rules and regulations.
(1) In cooperation with the State Board and
Medical and Chirurgical Faculty of Maryland, the Department
of Health and Mental Hygiene shall adopt rules and regulations
regarding blood test for lead poisoning required of children
entering schools.
(2) In cooperation with the State Board and Medical and Chirurgical
Faculty of Maryland, the Department of Health and Mental Hygiene
shall adopt rules and regulations regarding immunizations of children
entering schools.
(3) These rules and regulations shall:
(i) Be adopted in compliance with the Administrative
Procedure Act;
(ii) Provide that any child may have the immunization administered
by his personal physician; and
(iii)
1. By September 2003, in areas designated
as at risk for lead poisoning, as determined under §
18-106 of the Health-General Article, when a child enters
a public pre-kindergarten program, kindergarten program, or
first grade, require the parent or legal guardian of the child
to provide documentation from a health care provider, on a
form developed by the Department of Health and Mental Hygiene,
certifying that the child has undergone testing for lead poisoning
in accordance with the guidelines of the Centers for
Disease Control and Prevention in the screening of young children
for lead poisoning: Guidance for State and Local Public Health
Officials (November 1997) and any subsequent guidelines; and
2. By September 2003, require a program or school to report
the name, last known address, and telephone number of each
child for whom certified documentation of a lead test
is not provided under item 1 of this item, as determined by
regulation, to the local health department in the jurisdiction
where the child resides.
(4) Any requirement for the administration
of pertussis vaccine shall be consistent with § 18-332 (b)
of the Health-General Article.
(b) Exception.
(1) Unless the Secretary of Health and Mental
Hygiene declares an emergency or an epidemic of disease, a child
whose parent or guardian objects to immunization on the ground
that it conflicts with the parent's or guardian's bona fide religious
beliefs and practices may not be required to present a physician's
certification of immunization in order to be admitted to school.
(2) The Secretary of Health and Mental Hygiene shall adopt rules
and regulations for religious exemptions under this subsection.
HEALTH-GENERAL
TITLE 18. DISEASE PREVENTION
SUBTITLE 4. MISCELLANEOUS PROVISIONS
Md. HEALTH-GENERAL
Code Ann. § 18-403 (2007)
§ 18-403. Religious exemption
(a) In general. -- Unless the Secretary declares
an emergency or disease epidemic, the Department may not require
the immunization of an individual if:
(1) The individual objects to immunization
because it conflicts with the individual's bona fide religious
beliefs and practices; or
(2) The individual is a minor and the individual's parent or guardian
objects to immunization because it conflicts with the parent or
guardian's bona fide religious beliefs and practices.
(b) Rules and regulations. -- The Secretary shall
adopt rules and regulations for religious exemptions under this
section.
CODE OF MARYLAND REGULATIONS
TITLE 13A. STATE BOARD OF EDUCATION
SUBTITLE 14. CHILD AND FAMILY DAY CARE
13A.14.02. CHILD CARE LICENSING
13A.14.02.44 (2007)
44 Admission to Care.
A. An operator may not admit a child to a center
for child care or allow a child to remain in care unless the operator
has:
(1) Received a completed emergency form for
the child as required in Regulation .38 of this chapter;
(2) Received a written report of a health inventory on the child,
including a statement of allergies, on a form supplied or approved
by the office that includes a parental statement on the health
status of the child and is:
(a) Unless a parent objects to a child's
medical examination because of bona fide religious beliefs and
practices, based on an examination completed within the last:
(i) 2 months before admission for a child
under 9 months,
(ii) 3 months before admission for a child between 9 and 24
months, or
(iii) 12 months before admission for a child over 2 years
old; or
(b) Transferred directly, without a gap in
time longer than 3 months, from a family day care home, another
licensed child care center, or a public or nonpublic school
in Maryland;
(3) Received evidence, on a form supplied or
approved by the office, that:
(a) The child has had immunizations appropriate
for the child's age;
(b) The child has had at least one dose of each vaccine appropriate
for age before entry and is scheduled to complete the required
immunizations;
(c) A licensed physician or a health officer has determined
that immunization is medically contraindicated according to
accepted medical standards; or
(d) The parent objects to the child's immunization because it
conflicts with the parent's bona fide religious beliefs and
practices;
(4) A source of emergency health services acceptable
to parents with written parental agreement for its use; and
(5) Received parental permission for the school to give the school
age child's health information to the center.
B. Lead Screening.
(1) This section applies to a child who was:
(a) Admitted to the facility on or after
May 8, 1997; and
(b) Younger than 6 years old at the time of admission.
(2) An operator may not admit a child to a
facility or allow a child to remain in care unless the operator
has received evidence that the child has received an appropriate
lead screening as required by State or local law.
(3) The evidence required by §C(2) of this regulation shall
be:
(a) On a form supplied or approved by the
office; and
(b) Submitted within 30 days after the child's admission to
the facility.
C. In a case when a parent objects to a child's
immunization or medical examination, or both, because of the parent's
bona fide religious beliefs and practices, an operator shall require
the parent to provide a health history of the child and sign a statement
indicating that to the best of the parent's knowledge and belief,
the child is in satisfactory health and free from any communicable
disease.
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