house bill NO. 332

INTRODUCED BY E. Hill, S. Galloway, C. Hinkle, J. Kassmier, B. Ler, A. Regier, L. Sheldon-Galloway, M. Binkley, J. Carlson, J. Hinkle, S. Kerns, J. Schillinger, B. Usher

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING definitions RELATED TO IMMUNIZATIONS required FOR SCHOOL ATTENDANCE; AMENDING SECTION 20-5-402, MCA; and PROVIDING AN IMMEDIATE EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 20-5-402, MCA, is amended to read:

"20-5-402. Definitions. As used in this part, the following definitions apply:

(1) "Department" means the department of public health and human services provided for in 2-15-2201.

(2) "Governing authority" means the board of trustees of a school district or the administrator of a private school, preschool, or postsecondary school.

(3) "Immunity" means a state of resistance to a given disease.

(3)(4) "Immunization" means induction of a state of resistance to a disease, either due to infection with and recovery from a disease or through administration of an immunizing agent.

(5) "Immunizing agent" means an antigen introduced through a vaccine, through immunotherapy, or through homeoprophylaxis, or an antigen introduced through a vaccine that stimulates immunity without inducing the disease itself.

(4)(6) "Local health department" means a city, city-county, county, or district health department.

(5)(7) "Local health officer" means a city, city-county, county, or district health officer.

(6)(8) "Postsecondary school" means a community college, a unit of the Montana university system, or a private university or college.

(7)(9) "Preschool" means a place or facility that provides, on a regular basis and as its primary purpose, educational instruction designed for children 5 years of age or younger and that:

(a) serves no child under 5 years of age for more than 3 hours a day; and

(b) serves no child 5 years of age for more than 6 hours a day.

(8)(10) "School" means a place or institution for the teaching of individuals, the curriculum of which is composed of the work of:

(a) any combination of kindergarten through grade 12;

(b) a postsecondary school; or

(c) a preschool."

NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.