Committee amends and advances religious-exemption and immunization bills; splits on rollbacks of health department rule authority

A New Hampshire Senate committee on health-related bills adopted a committee amendment and passed a bill to clarify religious exemption paperwork for school immunizations, and separately recommended ITL on proposals that would curtail the Department of Health and Human Services’ rulemaking authority or change how the state defines required childhood vaccinations.

On the religious-exemption measure, the committee agreed to a DHHS-requested amendment specifying that an exemption “shall require no more information than a written statement.” The committee amendment passed 5-0, and the committee then voted 5-0 to pass the bill as amended. Sponsors said the amendment removes any implication that a department-created form is required and that parents may provide a signed written statement asserting a religious exemption.

Several other bills drew extended debate. One proposal would limit childhood immunization requirements to vaccines proven in clinical trials to prevent transmission of disease; proponents framed this as a narrowing of the schedule, while critics warned it could impede nimble public-health responses because evidence about transmission can take years to establish. Senator Bertzel expressed concern that some vaccinations are approved for safety and efficacy without clinical-trial evidence showing transmission reduction, and that nimbleness is needed when the Legislature is not in session.

Another bill would remove the Commissioner of the Department of Health and Human Services’ authority to write rules for immunization requirements. Supporters said the Legislature can reclaim that authority; opponents said the state’s rule-review process, handled by the Joint Legislative Committee on Administrative Rules (JLCAR), provides legislative oversight and that removing the department’s rulemaking authority could have unintended consequences.

The committee recommended ITL on at least two immunity-related bills (vote tallies in discussion were 4-1 on those ITL motions). For the religious-exemption bill, the committee recorded a 5-0 committee amendment vote and a 5-0 vote to pass as amended.

Committee members said they might revisit immunization statutes if further evidence emerges; senators also discussed the limits of emergency rulemaking and the time it can take to enact changes when the Legislature is not in session.

The committee’s actions are recommendations to the full Senate and do not by themselves alter state law.