SB 474: Require acceptance of religious and personal medical exemptions to required immunizations - Montana

SB0474_3(14).pdf → SB0474_4(2).pdf · 2 edits

MINOR

The bill number was updated from SB 474.3 to SB 474.4, likely reflecting a revision or renumbering. The most significant substantive change is the reorganization of the medical exemption section. The text now explicitly defines the exemption as 'medical' based on 'informed consent,' clarifying that parents can opt out by filing a statement confirming they received information about the required immunizations and chose not to vaccinate.

Scope change

The scope of the exemption is clarified to be specifically a 'medical exemption' grounded in informed consent, rather than a general religious or personal belief exemption as previously implied.

REQUIREMENT

The medical exemption process was clarified to require a signed statement confirming the signer received information about immunizations and declined them, removing the specific mention of 'religious tenets' from the exemption criteria in this section.

TECHNICAL

The bill number was changed from SB 474.3 to SB 474.4 throughout the document.

SB0474_4(1).pdf → SB0474_3(13).pdf · 3 edits

MINOR

The bill number was updated from SB 474.4 to SB 474.3. The text was modified to remove the word 'MEDICAL' from the description of the exemption, clarifying that the exemption is based on informed consent rather than a specific medical condition. Additionally, the requirement for the exemption statement was expanded to include a 'letter' alongside the existing options of a signed statement or notarized affidavit.

Scope change

The scope of the exemption remains the same, but the legal basis is broadened from strictly 'medical' to 'informed consent', and the acceptable documentation for the exemption is expanded.

REQUIREMENT

Removed the word 'MEDICAL' from the exemption description, changing it to an exemption based on 'informed consent'.

Added 'LETTER' as an acceptable form of documentation for the exemption.

TECHNICAL

Updated the bill number from SB0474.4 to SB0474.3 in the header.

SB0474_3(12).pdf → SB0474_4.pdf · 2 edits

MINOR

The bill number was updated from SB 474.3 to SB 474.4. The most significant substantive change is the redefinition of the medical exemption process. The previous version allowed a broad exemption based on 'informed consent,' where parents could decline vaccines by stating they received information. The new version restricts this to a specific 'medical exemption' that must be filed on a prescribed form, implying a shift toward a more formalized or potentially stricter medical justification process rather than a general informed consent declaration.

Scope change

The bill's scope regarding vaccine exemptions has narrowed from a general informed consent model to a specific medical exemption model.

ELIGIBILITY

The criteria for obtaining a medical exemption were changed from a general 'informed consent' statement to a specific 'medical exemption' filed on a prescribed form.

REQUIREMENT

The requirement for the exemption document was updated to specify it must be a 'medical exemption form' rather than a general signed statement.

SB0474_3(3).pdf → SB0474_3(4).pdf · 5 edits

MODERATE

The bill restructures the legal framework for school immunization exemptions, replacing the previous single section with three distinct categories: religious, medical, and informed consent. It clarifies that accepting a religious exemption does not create liability for the school. The medical exemption requirements are tightened to mandate specific details about the medical condition and the provider's direct involvement with the patient. A new informed consent exemption is added, allowing individuals to opt out if they have received information about the vaccines and voluntarily declined them.

Scope change

The bill expands the scope of exemptions by adding a new 'informed consent' category alongside existing religious and medical exemptions, while clarifying the legal protections for schools that accept religious waivers.

DEFINITION

Added a specific definition stating that discrimination based on religion includes denying a religious exemption request.

ELIGIBILITY

Created a new 'informed consent' exemption allowing individuals to skip vaccines after receiving information about them and declining.

REQUIREMENT

Updated medical exemption rules to require the doctor to have treated the patient or administered the vaccine previously, and to specify the nature and duration of the medical condition.

Reorganized the document structure to separate religious, medical, and informed consent exemptions into distinct subsections for clarity.

ENFORCEMENT

Added a provision stating that schools cannot deny a religious exemption if the exemption form contains parts that are legally void under the new rules.

SB0474_2(14).pdf → SB0474_3.pdf · 1 edit

MINOR

The bill was renumbered from SB 474.2 to SB 474.3. The substantive text regarding religious exemptions and immunization requirements remains identical, with no changes to eligibility, definitions, or enforcement mechanisms.

TECHNICAL

The bill number was updated from SB 474.2 to SB 474.3, likely indicating a revision or re-submission of the same legislation.

SB0474_2(7).pdf → SB0474_2(8).pdf · 1 edit

MINOR

The bill includes a minor formatting adjustment to the section number, changing it from '(3) (4)' to '(3)(4)'. This change consolidates the numbering style but does not alter the legal requirements, scope, or policy intent of the immunization records section.

REQUIREMENT

Removed a space between the subsection numbers (3) and (4) to align with standard formatting conventions.

SB0474_2(3).pdf → SB0474_2(4).pdf · 4 edits

MODERATE

The bill removes the requirement for a notarized affidavit and a specific declaration that a healthcare provider was consulted for personal medical exemptions. It replaces these with a simpler 'informed consent' process where parents or adults can sign a statement, letter, or notarized affidavit declaring they received information about vaccine risks and benefits but chose not to vaccinate. This change significantly lowers the administrative burden for families seeking exemptions while shifting the focus from a doctor's specific medical opinion to the individual's informed decision.

Scope change

The scope of exemptions expanded from only those with documented adverse reactions or specific medical consultations to include a broader 'informed consent' category for any person or minor whose guardian declines immunizations after receiving general information.

REQUIREMENT

Eliminated the mandatory requirement for a notarized affidavit and a specific declaration that a healthcare provider was consulted.

Added a new 'informed consent' exemption allowing a signed statement, letter, or notarized affidavit stating the signer received information about risks and benefits but declined immunization.

ELIGIBILITY

Changed eligibility criteria from requiring a specific medical consultation to requiring only that the signer received general information about the vaccines.

ENFORCEMENT

Added provisions stating that departments cannot require forms with extra burdensome requirements and cannot deny exemptions based on incomplete voided form sections.

SB0474_1(5).pdf → SB0474_2.pdf · 4 edits

MODERATE

The bill was renumbered and its title was updated to focus on 'Personal Medical Informed Consent Exemptions' rather than just 'Personal Medical Exemptions'. The primary substantive change is the addition of a new exemption category based on informed consent, allowing individuals to opt out of immunizations by filing a statement confirming they received information about the vaccines and chose to decline them. This expands the grounds for exemption beyond religious beliefs and medical necessity to include parental or personal choice after being informed of the risks.

Scope change

The bill now explicitly amends two separate sections of the Montana Code Annotated (20-5-405 and 49-2-312) instead of just one, broadening the legal framework for exemptions.

ELIGIBILITY

Created a new 'Informed Consent' exemption category that allows individuals to decline immunizations if they sign a statement confirming they were informed about the vaccines and chose to decline.

REQUIREMENT

Changed the required documentation for religious exemptions from a 'notarized affidavit' to a broader 'signed statement, letter, or notarized affidavit'.

DEFINITION

Clarified that discrimination on the basis of religion includes denying exemptions based on an individual's religion.

TECHNICAL

Updated bill numbering from SB 474.1 to SB0474.2 and adjusted the effective date language.

LC1427.pdf → SB0474_1.pdf · 3 edits

MINOR

The bill has been renumbered from LC 1427 to SB 474.1 and updated with the names of its sponsors, D. Emrich and V. Ricci. The text was also reformatted to include an 'Authorized Print Version' header and a new codification instruction specifying where the law will be placed in the state code.

TECHNICAL

Bill number changed from LC 1427 to SB 474.1.

Sponsors D. Emrich and V. Ricci were added to the bill header.

A new codification instruction was added to specify that the bill becomes part of Title 49, chapter 2, part 3.

Require acceptance of religious and personal medical exemptions to required immunizations

What changed between versions

How they voted

Actions timeline

Sponsors