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SD 653

An Act relative to the protection of medical exemptions for immunizations for school attendance

194th Legislature (2025-2026) Introduced by Peter Durant

The bill standardizes school medical exemptions: a physician-signed Medical Certification based on independent judgment, with privacy protections and professional protections for d

House concurred
0
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Bill Summary · SD 653

Summary: Bill SD 653 – An Act relative to the protection of medical exemptions for immunizations for school attendance

Overview

SD 653 proposes to amend the medical exemption process for child immunizations required for school attendance in Massachusetts. The bill codifies a physician-driven mechanism for medical exemptions, emphasizes confidentiality, and provides protections for physicians who issue such exemptions. The measure has progressed to House concurrence as of early 2025.

Purpose and intent

  • Establish a formal, physician-signed Medical Certification as the basis for medical exemptions to school immunizations.
  • Ensure that exemptions are grounded in the physician’s independent medical judgment about the child’s health and the potential risk from vaccination.
  • Protect patient privacy by limiting disclosure of exemption information.
  • Provide professional protection for physicians who issue bona fide medical exemptions, barring manifest bad faith.

Key provisions

  • Section amended: Section 15 of Chapter 76, General Laws.
  • New standard for admission: A child may be admitted to school upon a Medical Certification completed by a physician who has personally examined the child.
  • Basis for exemption: The physician must determine, in his/her independent medical judgment, that the child’s health would be endangered by vaccination or any immunizations. Factors may include:
    • Increased risk of adverse events
    • Family medical history
    • Exacerbation of pre-existing medical conditions related to the child
  • Timing and submission: Medical Certification must be submitted at the beginning of each school year to the physician in charge of the school health program.
  • Privacy: Certifications are confidential and may not be disclosed outside the school health program without express written consent of the child’s parent or guardian.
  • Admissibility: Medical Certifications are not admissible as evidence in any court, tribunal, or agency action without parental consent.
  • Professional protections: In the absence of manifest bad faith, a physician who issues a Medical Certification is not subject to disciplinary action by governing or licensing authorities.
  • Professional standing: Certifications may not be used to negatively affect a physician’s rating or standing with an employer, insurer, hospital, or academic affiliation.

Affected parties

  • Students seeking immunization exemptions due to medical reasons.
  • Physicians who examine the student and issue Medical Certifications.
  • School health programs and school administrators responsible for immunization compliance.
  • Parents/guardians who must provide consent for disclosure and participate in the process.

Procedural and timeline aspects

  • Filing and referral: Referred to the Committee on Education (February 27, 2025).
  • Status: House concurred (as of the latest available update).
  • Annual requirement: Each school year requires a new Medical Certification from the treating physician.

Potential impact

  • Clarifies and standardizes the process for medical exemptions.
  • Strengthens privacy protections for student medical information.
  • Provides clear practitioner protections, potentially influencing the rate and manner of Medical Certifications.
  • Does not address non-medical exemptions (e.g., religious/philosophical) in this text.

Note: This summary reflects the bill text as filed and the stated status in early 2025.

Compiled from official sources — confirm details with the bill’s official record.

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