§ 7-403. Immunizations

   (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 the 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 prekindergarten 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 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.

HISTORY: An. Code 1957, art. 77, § 84; 1978, ch. 22, § 2; 1983, ch. 188; 1984, chs. 578, 785; 1985, ch. 253; 1987, ch. 54; 1996, ch. 10, § 16; 2000, ch. 677; 2001, ch. 29, § 6; 2002, ch. 337; 2003, ch. 178, § 1; 2004, ch. 25.