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Committee advances amended bill creating an informed-consent vaccine exemption; public-health experts urge rejection

Senate Education and Cultural Resources Committee · February 27, 2025
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Summary

SB 474, amended to add an "informed consent" exemption and to clarify religious-exemption acceptance, passed the committee 8-6 after contentious testimony; public-health and epidemiology witnesses warned the measure would weaken immunization protections and increase outbreak risk.

Sen. Daniel Emmerich introduced SB 474, proposing the state accept religious exemptions and create an additional "informed consent" exemption from required immunizations for school attendance. Emmerich described personal family experience seeking medical exemptions and argued that some parents cannot obtain medical exemptions and need an alternative based on informed consent.

Supporters, including the Montana Family Foundation and several parents, argued the bill protects religious liberty and parental decision-making and would keep daycares from discriminating based on immunization status. Supporters recounted instances where physicians refused to provide medical exemptions and said an informed-consent route would be a practical alternative.

Opponents—public-health officials, epidemiologists, Montana Families for Vaccines and DPHHS—testified such a lax exemption would increase exemption rates, lower herd immunity and raise risk of outbreaks like measles; the DPHHS bureau chief warned it could reduce access to education for medically vulnerable children and result in exclusion of students during outbreaks. The Department of Labor and Industry and other agencies flagged statutory conflicts and possible fiscal impacts tied to enforcement under the Human Rights Act.

The sponsor offered an amendment that clarified the informed-consent language and removed certain statutory carve-outs; after the amendment the committee recorded an 8-6 vote in favor of the amended bill.