New:
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 2005.
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
http://data.opi.state.mt.us/bills/mca_toc/20_5_4.htm
for all sections re the School requirements 2005.
MCA 2005 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://data.opi.state.mt.us/bills/mca/20/5/20-5-403.htm
Exemptions
http://data.opi.state.mt.us/bills/mca/20/5/20-5-405.htm
Adoption law .
http://data.opi.state.mt.us/bills/mca_toc/42.htm
Index to part 7. Child Care
http://data.opi.state.mt.us/bills/mca_toc/52_2_7.htm
Search MCA
http://opi.mt.gov/MCASearch/index.search
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.
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. Does this exemption mentioned above apply to day-care?
Yes. See section 735 below. Relevant phrases are bolded.
Note: Religious exemption to daycare applies only to Hib vaccine.
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:
http://www.vaclib.org/pdf/exemption.htm#mt
Source: 20-5-403. Immunization required
http://data.opi.state.mt.us/bills/mca/20/5/20-5-403.htm
Montana Code Annotated 2005
http://data.opi.state.mt.us/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 diphtheria, pertussis, tetanus,
poliomyelitis, rubella, mumps, and measles (rubeola) in the manner and
with immunizing agents approved by the department, except that
pertussis vaccination is not required for a person 7 years of age or
older;
(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://data.opi.state.mt.us/bills/mca/20/5/20-5-405.htm
Montana Code Annotated 2005
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
s 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 him 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 which contraindicate immunization,
he 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 such 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.
Source 20-5-409. Failure to immunize or claim exemption --
http://data.opi.state.mt.us/bills/mca/20/5/20-5-409.htm
Montana Code Annotated 2005
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://data.opi.state.mt.us/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://data.opi.state.mt.us/bills/mca/52/2/52-2-735.htm
Montana Code Annotated 2005
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 daycare applies only to Hib vaccine.]
(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. , MCA 1987; redes. 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://data.opi.state.mt.us/bills/mca/37/27/37-27-111.htm
Montana Code Annotated 2005
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. , MCA 1989; redes. by
Code Commissioner, 1991.
Laws bearing on Midwives
http://www.narm.org/laws_mt.htm (North American Registry of Midwives)
http://www.mana.org/laws/laws_mt.htm
Montana
TITLE 37. PROFESSIONS AND OCCUPATIONS
CHAPTER 27. DIRECT-ENTRY MIDWIFERY
http://data.opi.mt.gov/bills/mca/37/27/37-27-302.htm
Montana Code Annotated 2005
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 ARM 16.24.215,
prophylactic eye agents to newborn infants. These drugs may be
administered only if prescribed by a physician.
http://www.dphhs.mt.gov/PHSD/Communicable-disease/rules/601.htm
Administrative Rules of Montana
16.28.621A 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://161.7.8.61/37/37-12641.htm
Administrative Rules of Montana
MATERNAL AND CHILD HEALTH 37.57.308
37.57.308 NEWBORN EYE TREATMENT (1) A physician, nurse-midwife, or any
other person who assists at the birth of any infant 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: Sec. 50-1-202, MCA; IMP , Sec. 50-1-202,
MCA; NEW , 1987 MAR p. 2147, Eff. 11/28/87; TRANS , from DHES, 2001 MAR
p. 398.)
Rules 09 through 14 reserved
37.57.307 INFANT BORN OUTSIDE HOSPITAL OR INSTITUTION
(1) When an infant has been born outside of a hospital or other
institution and has not subsequently been admitted to such a facility
for initial newborn care, it is the duty of the person required in
50-15-201, MCA, to register the birth of that child to cause the blood
specimen to be taken not later than the seventh day of the child's
life, unless medically contraindicated, in which case it shall be taken
as soon as the medical condition of the infant permits. (History:
Sec. 50-19-202, MCA; IMP , Sec. 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.)
Note: 50-15-201. Repealed.[?]
http://data.opi.mt.gov/bills/mca/50/15/50-15-201.htm
For violating a rule of the DPHHS
http://data.opi.state.mt.us/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://data.opi.state.mt.us/bills/mca/50/2/50-2-124.htm
For violating a rule of the local health board.
Montana Code Annotated 2005
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, he shall be fined not less than $10 or more than $200.
(2) Except as provided in subsection (1) of this section and
50-2-123, 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, he shall be fined not less than
$10 or more than $500, 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, shall 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.
http://data.opi.mt.gov/bills/mca/50/19/50-19-203.htm
50-19-203. Metabolic tests. (1) A person in charge of a facility
wherein a child is born or wherein a newborn infant is cared for or a
person responsible for the registration of birth of an infant shall
ensure each infant is administered tests designed to detect inborn
metabolic errors as shall be required to be administered under rules
adopted by the department.
(2) The tests shall be done by an approved laboratory. An approved
laboratory shall be the laboratory of the department or a laboratory
approved by the department.
History: En. Sec. 2, Ch. 227, L. 1973; R.C.M. 1947, 69-6711.
http://data.opi.state.mt.us/bills/mca/37/27/37-27-321.htm
History: En. Sec. 11, Ch. 550, L. 1991. Montana Code Annotated 2005
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.
http://www.co.missoula.mt.us/healthwic/Immunizations/Childhood%20Immunizations.htm
Day Care
Immunization requirements for day care attendance are based on the
child's age and generally follow the recommended childhood schedule for
DTaP, Polio, Hib & MMR. By 16 months of age, a child must have
received a minimum of 3 doses of DTaP, 2 doses of Polio, 1 dose of Hib
& 1 dose of MMR. In addition, Head Start requires enrolled
children to have completed their 3 dose series of Hepatitis B.
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