Montana Administrative Register Notice 37-716 No. 18   09/24/2015    
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BEFORE THE Department of Public

health and human services of the



In the matter of the amendment of ARM 37.114.701, 37.114.702, 37.114.703, 37.114.704, 37.114.705, 37.114.708, pertaining to implementation of HB 158 (2015) regarding the modernization of immunization laws related to school









TO: All Concerned Persons


1. On July 30, 2015, the Department of Public Health and Human Services published MAR Notice No. 37-716 pertaining to the public hearing on the proposed amendment of the above-stated rules at page 999 of the 2015 Montana Administrative Register, Issue Number 14.


2. The department has amended the above-stated rules as proposed.


3. The department has thoroughly considered the comments and testimony received. A summary of the comments received and the department's responses are as follows:


COMMENT #1: A commenter supported the overall effort to require varicella vaccination for students attending Montana schools. However, the commenter did suggest that the department use a tiered approach of using two age cohorts to implement the rule for the first few years to lessen some of the burden to school secretaries and school nurses in the larger communities.


RESPONSE #1: Using a tiered approach for the implementation of the new requirement for varicella vaccination may lessen the burden on schools; however, the department believes that the intent of the law change was to ensure that all students were protected against varicella disease in the school setting. By vaccinating only two age cohorts, vaccination levels to meet herd immunity would not be achieved for several years and would put students who cannot be vaccinated at risk for disease.


          4. These rule amendments are effective October 1, 2015.



/s/ Nicholas Domitrovich                        /s/ Richard H. Opper                            

Nicholas Domitrovich                             Richard H. Opper, Director

Rule Reviewer                                       Public Health and Human Services


Certified to the Secretary of State September 14, 2015.


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