— CHAPTER ELEVEN —
Still More on Avoiding Vaccinations
A SAMPLE LETTER FOR A
"PERSONAL" RELIGIOUS EXEMPTION FROM IMMUNIZATION
Disclaimer: The following letter is
for educational purposes only. It is not intended to serve as legal advice, nor
is it intended to take the place of appropriate legal counsel. As with any legal
matter, you should consult a qualified lawyer for your specific needs.
Religious exemptions are acceptable in most U.S. states, but
specific vaccination laws vary from state to state (and were listed in the
previous section of this book). Be sure to check with the state department of
epidemiology, vaccinations, immunizations, or whatever it is called in your
state, to find out the laws for your state.
Some require that you file for an exemption certificate,
others require only a properly written letter. In any case, the following
may help you with this process.
Reproduced below, is a copy of a letter from an attorney to an immunization
nurse, regarding a religious exemption from vaccinations for his North Carolina
clients’ children. This letter was accepted by health officials for a
religious exemption in two different North Carolina counties. (North Carolina
and Mississippi two of the only States requiring medical exemptions.) In one instance, the parents
modified this letter to be from themselves instead of from the lawyer. You may
not need to have the letter come from a lawyer if you cannot find or afford one
(but having a lawyer write or review your letter may be the only way to
guarantee that your letter conforms to state legal requirements).
You will note that the letter mentions earlier
"personal" religious exemption court cases, scattered throughout
America. They establish that it may not be necessary to belong to a religious
organization that specifically states opposition to vaccination in its official
doctrine, in order to have an acceptable religious exemption from immunizations.
When you handwrite or type this letter, you may wish to
modify it somewhat to reflect your own personal religious beliefs, and make
other changes where appropriate.
In order to make it more official, when you have finished
writing this—your own Religious Exemption for Vaccination Letter,—you
would do well to have it notarized before submitting it to the appropriate
authorities. You may also wish to send it by registered mail, in order to verify
confirmation of its arrival and receipt by the appropriate official.
You will notice that this letter is written as coming from an
attorney. If you hire an attorney to send it, he can modify it slightly.
Otherwise, you would need to omit the portion that indicates that it is being
sent by an attorney. You will also need to modify the portions within brackets.
Here is the sample letter:
——————
[June 1996]
[Name of county] County Health Dept.
[Address]
Attention: [Immunization nurse’s name]
RE: [first child’s name, date of birth. Second child’s
name, date of birth, etc.]
Dear Nurse [name]:
This office has been retained as counsel to represent
[parents’ names], individually, on behalf of their children, [children’s
names], with regard to my clients’ rights for an exemption from immunizations
as provided by North Carolina Statutes 130A-157.
The present situation stems from my clients’ refusal to
have their children, [children’s names], submit to immunizations and
inoculations as perscribed by North Carolina Statutes 130A-152. My
clients have the right to refuse to have their children receive these injections
pursuant to North Carolina Statutes 130A-137, since they have sincere
religious beliefs which prohibit them from having their children receive
immunizations and inoculations.
Recent court decisions have upheld the rights of individuals
seeking exemptions from immunizations based upon "personal" religious
beliefs (Sherr and Levy vs. Northport East-Northport Union Free School
District, 672 F. Supp. 81, (E.D.N.Y., 1987); (Allanson vs. Clinton Central
School District, U.S. District Court, Northern District Court, Northern District
of New York (84 CV 174), 1984; Campain vs. Marlboro Central School District,
Supreme Court Ulster County Special Term, November 15, 1985; Brown vs. City
School District, 429 NYS2d 355; Maier vs. Besser, 73 Misc.2d 241).
My clients’ religious beliefs include the following:
[Note: Modify the beliefs, stated below, as needed to have
them apply to you; what you put here is up to you. Should your exemption be
challenged, it will be up to the challenger to prove that what you state here is
not your bona fide religious belief, a generally difficult thing for him to
prove. Your statement should definitely mention that you believe it morally
wrong and against your religious belief to receive a vaccination for you or your
children.]
"We believe in God, and that God has created us in His image. In being
created in God’s image, we were given bodies which He commanded us in the Holy
Bible to keep clean and pure. We are required to keep this wonderful gift, our
human bodies, in good condition, and not to swallow or inject anything into it
that would be unclean or diseased. We believe it is sacrilegious and a violation
of our sacred religious beliefs to violate what God has given us by showing a
lack of faith in God. Immunizations are a lack of faith in God and His plan for
the care of our bodies. We believe it is morally wrong, and against our
religious beliefs to receive a vaccination either for ourselves or for our
children.
"We believe in Jesus’ many promises of protection for
us, and that He loves us, and will take care of us if we place our trust in Him.
I believe that immunizations show no faith in God’s promises of protection for
us, saying to God that you trust man more than His holy words of protection for
us.
"God desires us to love Him and our neighbors first and
foremost. This is His first command. By loving Him, we are to fully trust on Him
for all things. He is our Lord Father. He is our Rock, our fortress and our
Saviour.
"Our faith is in God and in the Holy Word, being the
Holy Bible which is authored by God. This is the instruction book for living
that He has left us; and, in it, He tells us He is our protector and we stand
firm on His promise. Our faith is in Him!"
My clients’ religious beliefs are also based upon the
understanding of what God requires of them as provided for in the Bible.
[Note: add or delete quotations which agree with your
personal beliefs.]
"And hearing this, Jesus said to them, ‘It is not
those who are healthy who need a physician, but those who are sick; I did not
come to call the righteous, but sinners’ " (Mark 2:17).
"Know ye not that your body is the temple of the Holy
Ghost which is in you, which ye have of God and ye are not your own?" (1
Corinthians 6:19).
"That your faith should not stand in the wisdom of men,
but in the power of God" (1 Corinthians 2:5).
"You must know that your body is a temple of the Holy Spirit, who is
within the spirit you have received from God.
You are not your own" (1 Corinthians 6:19).
"As a consequence, your faith rests not on the wisdom of
men but on the power of God" (1 Corinthians 2:5).
"I know with certainly on the authority of Lord Jesus
that nothing is unclean in itself: it is only when a man thinks something
unclean that it becomes so for him" (Romans 14:14).
"If anyone destroys God’s temple, God will destroy
him. For the temple of God is holy, and you are that temple" (1 Corinthians
3:17).
"To his angels He has given command about you, that they
guard you in all your ways" (Psalm 91:11).
"Follow God your Lord, remain in awe of Him, keep His
commandments, obey and serve Him and you will then be able to cling to Him"
(Leviticus 19:1-2)."
I anticipate a prompt response from you or the appropriate
official.
Very truly yours,
[lawyer’s name]
cc: [parents’ names]
——————
[End of the letter.]
PHYSICIAN’S CONSENT FORM
Someone developed the following Consent Form. It is
self-explanatory. Rarely will a physician be willing to sign it, for he
regularly reads the medical journals and is well-aware of the dangers inherent
in vaccines.
In some instances, parents have used the form to avoid
vaccinations for their child.
However, it could happen that if you were to press the issue (that the form
first be signed), instead of doing so, in desperation the health department
might sidestep the problem by issuing an order for the police to seize your
child and place him in a foster home, declaring that you have refused permission
for the vaccination to be done and, therefore, are an unfit parent. You, of
course, could maintain before the judge that you are very willing for the
vaccination to occur; all you are requesting is that the form be signed first.
But by that time you would be involved in an expensive legal hassle which could
require months before your child was returned to you.
Here is the form. If you wish to use it, you would want to
retype it to fit a single-column 8½ x 11-size sheet. Be sure to type it
double-spaced between lines:
CONSENT FOR ADMINISTRATION OF VACCINE
Dear Doctor:
If you will be administering a vaccination to me or my child
today, I will need for you to complete the following consent form. Thank you.
Physician Statement
I (physician name) ____________________________
do hereby state that I have advised my patient (patient or
child name) _________________________________ and/or parent of my patient
(parent’s name) ______________________ that in my professional opinion this
patient/child should be given the vaccination, drug, or other (name of
vaccination/drug/other): ______________ , Manufacturer’s name:
________________, Serial Number: _________, Batch number: __________.
I have on this (day) __________ (month) __________ (year) __________
administered this vaccination/medication/drug AFTER advising the above named
patient/parent of minor patient that there is little or no risk involved
with this vaccination/medication/drug therapy or treatment. I hereby do agree
that should this patient/child at any time suffer or develop any permanent
condition deleterious or injurious to his/her health as a result of this
treatment, I will pay for any and all costs involved related to the care and
treatment necessary for this patient/child for the rest of his/her natural life.
I further agree that if my earnings are insufficient to meet these costs, I will
sell my home, my business and all material possessions and put those proceeds
towards meeting the patient-involved expenses.
_______________________________________________
Signature of responsible Physician
______________________________________________
Date of signature__________________________________
Signature of responsible person administering vaccination/medication/drug
___________________________________________________
Occupational title of person administering it
_____________________________________
Date of signature _____________________________________________
Witness: Parent or other person ___________________________________________
Date of signature
ANOTHER WAY TO AVOID CHILDHOOD
VACCINATIONS
On January 14, 2003, the New York Times reported on a
way that 5,520 people, all across America, have used to protect their children
from receiving childhood vaccinations.
We are not condoning the method, but the information in this section can
explain many things to you. Thousands of Americans have sent a dollar to a
certain chiropractor in northeast U.S., in order "to join his church."
However, according to the following article, doing so does not mean they have to
stop belonging to another church, or even that they have to agree in their
application letter to accept his teachings or practice them. In fact, in their
application letter, accompanying the enclosed dollar, some of them tell him just
that: They agree with none of his teachings and they tell him so. Religious
disagreement does not matter to him, since his only concern is to oppose the
vaccination of adults and children. I do not have Schilling’s address.
Here are a few quotations from this New York Times article:
"Once the families have confirmed that they "will
aspire to live by" the tenets and have paid at least $1 of the $75
‘customary donation’ as a sign of commitment, they receive their membership
certificates. Dr. Schilling does not require that applicants give up other
religions, and he is not too exacting about wording: he accepted a vague
letter saying an applicant might follow the tenets if he chose to . .
"Dr. Schilling’s church was founded in 1975 to defend
‘straight chiropractors’ like himself, who regard Western medicine as
paganism or Satanism. Now he claims 5,520 members, mostly families wanting to
avoid vaccination, in 28 states.
"Forty-seven states—all but Arkansas, Mississippi
and West Virginia—offer religious exemptions to vaccination; only 17 offer
‘philosophical’ exemptions, available virtually on demand. Parents
opposing vaccination often apply for religious exemptions when they cannot
get philosophical or medical ones, public health officials say . .
"Although more than 90 percent of all American children
have had their vaccinations, exemptions appear to be increasing, and to concentrate
in pockets where higher numbers of parents object . .
"National data do not distinguish between exemption
types, said Daniel A. Salmon, a vaccination expert at the Johns Hopkins School
of Public Health. But in Massachusetts, which he has studied and which does not
offer philosophical exemptions, religous exemptions are on the rise. The
American Medical Assoction opposes both types, saying they increase the risk of
epidemics.
"In many states, just what constitutes ‘religious exemption’ is
hazy. A study in The American Journal of Public Health in 2000 showed
that only 21 of the 47 states had ever denied one [to anyone seeking it].
‘A lot of states call their exemptions religious, but anyone who wants it,
gets it,’ Mr. Salmon said.
"The issue has never come before the Supreme Court, but state
laws that have listed exempt faiths (Christian Science, for example) have
been struck down in courts on the basis of the First Amendment. [This
paragraph means the courts consistently forbid states from restricting the
giving of a religious exemption only to those who belong to certain churches,
but not to others. According to this, it is a matter of one’s personal
religion, not which church he might or might not belong to.] . .
"One of the toughest places to get an exemption is
New York City . . Applicants must write letters detailing their personal
beliefs . .
"In interviews, Dr. Schilling (‘Brother Schilling’
in correspondence) seems a polite, gentle man with pacifist and environmentalist
beliefs and a sincere passion for his religion . . He adopts greyhounds facing
euthanasia when their dog-track careers are over. He doesn’t own a gun and is
religiously opposed to war, but joined the National Rifle Association because it
fights government restrictions.
"He doesn’t smoke or drink and as a chiropractor, even
shuns X-rays because he considers them irreligiously invasive . .
"Dr. Schilling says, ‘what other people see as Western
medicine, we see as a state-imposed pagan religion. We’re constantly
intimidated by the system. Now, when we’re intimidated, we intimidate
back."—"Worship Optional: Joining a Church to Evade
Vaccination," New York Times, January 14, 2003.
"Here is a sample letter issued by Dr. Schilling:
" ‘This is to certify that the family of Donald McNeil is enrolled as
members of this religious order and is subject to the tenets and beliefs of this
order. No member of the Congregation shall have injected, ingested or infused
into the body any foreign materials of unhealthy or unnatural composition. No
member of the Congregation shall have surgical instruments cutting or piercing
the tissues of the body.’
"It is not hard to get a religious exemption to
childhood immunization laws. To join the Congregation of Universal Wisdom, all
it takes is a letter to this neat house in the Pine Barrens with ‘Don’t
Tread on Me’ flag above the mailbox."—Ibid.
Apparently, the only "tenets and beliefs" of the
organization are not to take toxic materials into the body; something many today
are discovering to be a helpful way to live. Membership in any other group or
church is not forbidden, and Schilling does not even care if a person, when
sending in his dollar, says he will only obey those teachings he believes in.
Especially significant was the fact that there are three
states you should not move to if you want to protect your children from
vaccination: Arkansas, West Virginia, and Mississippi. Also avoid New York City.
LEGAL EXEMPTION STATUTES IN THE UNITED STATES
What does the legal code of each State say regarding possible
exemptions on religious grounds?
There are many serious health risks associated with any
immunization, especially those given to infants and young children. These
dangers have been well-documented.
Some states require that parents belong to a religion that has a written
tenet opposing vaccination (several state high courts have found this
requirement unconstitutional). Some 16 states provide for philosophical or
"personal belief" exemption, but most parents are unaware of these
exemptions and fewer than one percent in most states exercise them.
In 1986, Congress officially acknowledged the reality of
vaccine-caused injuries and death by creating and passing The National
Childhood Vaccine Injury Act (Public Law 99-660). The safety
reform portion of this law requires doctors to provide parents with information
about the benefits and risks of childhood vaccines prior to vaccination,
and to report vaccine reactions to federal health officials.
Demand to be fully informed as to the possible side effects.
Ask to see the manufacture’s warning label. As a parent, you may decide
against vaccinating your child. This is your legal right.
School officials often resort to "scare tactics" to
intimidate parents into submission. How many time have you heard "Children
won’t be permitted in school without being fully immunized." School
administrators are only referring to part of the law and only rarely mention the
exemptions. Some administrators may not know they exist.
Basically, in order to get an exemption, simply write your
local school official and tell them it is against your religious belief to have
your children vaccinated, as allowed for by law and (optionally) cite the
particular section of the law. You need not explain your religious belief or go
into any details. Describing you religious beliefs is not required by law.
Frequently, the local school administrator has never heard of
an exemption letter and you might have to provide a copy of the appropriate
section of the State law to educate them.
Although some may not share your belief, under Federal Law,
"religious practices" is defined by law to include moral or ethical
beliefs about what is right and wrong that are sincerely held with the strength
of traditional views.
If anyone tries to pry, say, "Surely you’re not
discriminating against my family based on my religion, are you? That’s a major
Federal Civil Rights violation."
Examine and read the laws of your State about what they actually say about
exemptions. Most of them say something like this: Immunization of a person shall
not be required for admission to a school . . if the parent files a letter or
affidavit stating that the immunization is contrary to his or her beliefs.
These exemptions are written into most U.S. State government
codes, which enable you to write a statement which will exempt your child from
receiving required immunizations.
Read and follow the law regarding what needs to be done to
obtain an exemption. Key sections are in bold print.
Most states permit you to submit a written statement that,
because of your religious or conscientious principles, you do not want the
vaccinations. Some states say that the exemption must be based on the religious
beliefs of your church. A few states say that you must obtain a physician’s
statement. (All states permit you to obtain an exception based on a
physician’s statement.)
In some states, siblings (brothers and sisters) of a child
already damaged by the pertussis vaccine do not have to receive vaccination.
—You want to take precautions in advance, and you will not have to apply under
that provision!
In many states, the exemption granted you does not apply in
times of an epidemic (an occurrence which is extremely unlikely to occur).
We have listed below the section and sub-section numbers, and
the paragraph(s) stating the possible exemption by personal statement (or
physician’s statement, if personal statement is not permitted).
These listings were accurate as of January 2003. For a copy
of the entire immunization section, which would be up-to-date, phone your state
capital; ask for the immunization section of the medical department, and
request that a copy of the entire law covering mandatory childhood immunizations
by mailed to you. They will send it free of charge.
ALABAMA GOVERNMENT CODE
Section 16-30-1 Immunizations . .
Section 16-30-3: Exceptions to chapter. The provisions
of this chapter shall not apply if:
(1) In the absence of an epidemic or immediate threat
thereof, the parent or guardian of the child shall object thereto in writing on
grounds that such immunization or testing conflicts with his religious tenets
and practices.
(Acts 1973, No. 1269, p. 2113, §3)
ALASKA ADMINISTRATIVE CODE
4 AAC 06.055 Immunizations . .
(b) This section does not apply if the child
(3) has an affidavit signed by his parent or guardian
affirming that immunization conflicts with the tenets and practices of the
church or religious denomination of which the applicant is a member.
ARIZONA REVISED STATUTES
15-872 . .
15-873 Exemptions:
A. Documentary proof is not required for a pupil to be
admitted to school if one of the following occurs:
1. The parent or guardian of the pupil submits a signed
statement to the school administrator, stating that the parent or guardian has
received information about immunizations provided by the department of health
services, understands the risks and benefits of immunizations and the potential
risks of nonimmunization and that due to personal beliefs, the parent or
guardian does not consent to the immunization of the pupil.
ARKANSAS STATUTES
TITLE 6 - Education
Subtitle 2 Elementary and Secondary Education Generally.
Chapter 18 Students
Subchapter 7 Health
§ 6-18-702 Immunization . .
(f) The provisions of this section shall not apply if the parents or legal
guardian of that child object thereto on the grounds that such immunization
conflicts with the religious tenets and practices of a recognized church or
religious denomination of which the parent or guardian is an adherent or member.
CALIFORNIA HEALTH AND SAFETY
CODES
[Note: Section 120365 is the key section regarding
exemptions.]
120365. Immunization of a person shall not be required for
admission to a school or other institution listed in Section 120335 if the
parent or guardian or adult who has assumed responsibility for his or her care
and custody in the case of a minor, or the person seeking admission if an
emancipated minor, files with the governing authority a letter or affidavit
stating that the immunization is contrary to his or her beliefs.
COLORADO STATUTES
TITLE 25 - Health.
25-4-903 - Exemptions from immunization
(1) (Deleted by amendment, L. 97, p. 409, § 2, effective
July 1, 1997.)
(2) It is the responsibility of the parent or legal guardian
to have his or her child immunized unless the child is exempted pursuant to this
section. A student shall be exempted from receiving the required immunizations
in the following manner:
(b) By submitting to the student’s school a statement of
exemption signed by one parent or guardian or the emancipated student or student
eighteen years of age or older that the parent, guardian, or student is an
adherent to a religious belief whose teachings are opposed to immunizations or
that the parent or guardian or the emancipated student or student eighteen years
of age or older has a personal belief that is opposed to immunizations.
CONNECTICUT STATUTES
Sec. 10-204. Vaccination . .
(3) presents a statement from the parents or guardian of such child that such
immunization would be contrary to the religious beliefs of such child . . or (5)
in the case of haemophilus influenzae type B has passed his fifth birthday or
(6) in the case of pertussis, has passed his sixth birthday, shall be exempt
from the appropriate provisions of this section.
Sec. 10-208. Exemption from examination or treatment.
No provision of section 10-206 or 10-214 shall be construed
to require any pupil to undergo a physical or medical examination or treatment,
or to be compelled to receive medical instruction, if the parent or legal
guardian of such pupil or the pupil, if such pupil is an emancipated minor or is
eighteen years of age or older, in writing, notifies the teacher or principal or
other person in charge of such pupil that such parent or guardian or pupil
objects, on religious grounds, to such physical or medical examination or
treatment or medical instruction.
DELAWARE STATUTES
TITLE 14 Department of Education
Subchapter II. Powers and Duties
§ 131. Public school enrollees’ immunization program;
exemptions . .
(6) Provision for exemption from the immunization program for
an enrollee whose parents or legal guardian, because of individual religious
beliefs, reject the concept of immunization. Such a request for exemption shall
be supported by the affidavit herein set forth:
AFFIDAVIT OF RELIGIOUS BELIEF
STATE OF DELAWARE
................................................... COUNTY
1. (I) (We) (am) (are) the (parent(s)) (legal guardian(s)) of
........................................................................
Name of Child
2. (I) (We) hereby (swear) (affirm) that (I) (we) subscribe to a belief in a
relation to a Supreme Being involving duties superior to those arising from any
human relation.
3. (I) (We) further (swear) (affirm) that our belief is
sincere and meaningful and occupies a place in (my) (our) life parallel to that
filled by the orthodox belief in God.
4. This belief is not a political, sociological or
philosophical view of a merely personal moral code.
5. This belief causes (me) (us) to request an exemption from
the mandatory school vaccination program for
..............................................................................
Name of Child
........................................................................
Signature of Parent(s) or Legal Guardian(s)
SWORN TO AND SUBSCRIBED before me, a
registered Notary Public, this
.......... day of ............, 198 .....
.................................................................(Seal)
Notary Public
My commission expires:
........................................................................
FLORIDA STATUTES (1998)
232.032 Immunization against communicable diseases; school
attendance requirements; exemptions—
(1) The Department of Health may adopt rules necessary to administer and
enforce this section. The Department of Health, after consultation with the
Department of Education, shall adopt rules governing the immunization of
children against, the testing for, and the control of preventable communicable
diseases. The rules must include procedures for exempting a child from
immunization requirements . .
(3) The provisions of this section shall not apply if:
(a) The parent or guardian of the child objects in writing
that the administration of immunizing agents conflicts with his or her religious
tenets or practices;
GEORGIA STATUTES
CODE SECTION 20-2-771 G
12/31/98
20-2-771 . .
(e) This Code section shall not apply to a child whose parent
or legal guardian objects to immunization of the child on the grounds that the
immunization conflicts with the religious beliefs of the parent or guardian;
however, the immunization may be required in cases when such disease is in
epidemic stages. For a child to be exempt from immunization on religious
grounds, the parent or guardian must first furnish the responsible official of
the school or facility an affidavit in which the parent or guardian swears or
affirms that the immunization required conflicts with the religious beliefs of
the parent or guardian.
HAWAII REVISED STATUTES (HRS)
§302A-1154 Immunization upon entering school . .
§302A-1156] Exemptions. A child may be exempted from the required
immunizations:
(1) If a licensed physician certifies that the physical
condition of the child is such that immunizations would endanger the child’s
life or health; or
(2) If any parent, custodian, guardian, or any other person
in loco parentis to a child objects to immunization in writing on the grounds
that the immunization conflicts with that person’s bona fide religious tenets
and practices. Upon showing the appropriate school official satisfactory
evidence of the exemption, no certificate or other evidence of immunization
shall be required for entry into school [L 1996, c 89, pt of §2].
IDAHO STATUTES
TITLE 39 - Health & Safety
CHAPTER 48 - Immunization . .
39-4801. IMMUNIZATION REQUIRED.
Except as provided in section 39-4802, Idaho Code, any child in Idaho of school
age may attend grades preschool and kindergarten through twelve of any public,
private or parochial school operating in this state if otherwise eligible,
provided that upon admission, the parent or guardian shall provide a statement
to the school authorities regarding the child’s immunity to certain childhood
diseases.
39-4802. EXEMPTIONS.
(1) Any minor child whose parent or guardian has submitted to school officials a
certificate signed by a physician licensed by the state board of medicine
stating that the physical condition of the child is such that all or any of the
required immunizations would endanger the life or health of the child shall be
exempt from the provisions of this chapter.
(2) Any minor child whose parent or guardian has submitted a
signed statement to school officials stating their objections on religious or
other grounds shall be exempt from the provisions of this chapter.
ILLINOIS COMPILED STATUTES (ILCS)
(410 ILCS 315/0.01)
Sec. 0.01. Short title. This Act may be cited as the
Communicable Disease Prevention Act.
(410 ILCS 315/2)
The provisions of this Act shall not apply if:
1. The parent or guardian of the child objects thereto on the
grounds that the administration of immunizing agents conflicts with his
religious tenets or practices or . .
INDIANA CODE
TITLE 20 - EDUCATION
Article 8.1 ELEMENTARY AND SECONDARY SCHOOL
PUPILS
Chapter 7 Health Measures . .
Section IC 20-8.1-7-2 Sec. 2. (a) Except as other wise provided, a school
child may not be required to undergo any testing, examination, immunization, or
treatment required under this chapter when the child’s parent objects on
religious grounds. A religious objection does not exempt a child from any
testing, examination, immunization, or treatment required under this chapter
unless the objection is:
(1) made in writing;
(2) signed by the child’s parent; and
(3) delivered to the child’s teacher or to the individual
who might order a test, an exam, an immunization, or a treatment.
IOWA CODE
CHAPTER 139 - COMMUNICABLE
AND REPORTABLE DISEASES AND POISONINGS 139.9 Immunization
of children . .
4. Immunization is not required for a person’s enrollment
in any elementary or secondary school or licensed child care center if that
person submits to the admitting official either of the following:
b. An affidavit signed by the applicant or, if a minor, by a
legally authorized representative, stating that the immunization conflicts with
the tenets and practice of a recognized religious denomination of which the
applicant is an adherent or member; however, this exemption does not apply in
times of emergency or epidemic as determined by the state board of health and as
declared by the director of public health.
KANSAS STATUTES
Chapter 72—SCHOOLS
Article 52—HEALTH PROGRAMS
72-5209 . .
(b) As an alternative to the certification required under
subsection (a), a pupil shall present:
(2) a written statement signed by one parent or guardian that the child is an
adherent of a religious denomination whose religious teachings are opposed to
such tests or inoculations.
KENTUCKY REVISED STATUTES (KRS)
TITLE XIII EDUCATION 158.035
Certificate of immunization . .
[Note: The exemption is listed in a entirely different
section, which is reprinted here:]
TITLE XVIII PUBLIC HEALTH 214.036
Exceptions to testing or immunization requirement. Nothing contained in KRS
158.035, 214.010, 214.020, 214.032 to 214.036, and 214.990 shall be construed to
require the testing for tuberculosis or the immunization of any child at a time
when, in the written opinion of his attending physician, such testing or
immunization would be injurious to the child’s health.
Nor shall KRS 158.035, 214.010, 214.020, 214.032 to 214.036,
and 214.990 be construed to require the immunization of any child whose parents
are opposed to medical immunization against disease, and who object by a written
sworn statement to the immunization of such child on religious grounds.
LOUISIANA ADMINISTRATIVE CODE
TITLE 20 - Education Code
[Note: Check current statute, by phoning the state capital
and requesting a copy.]
MAINE STATUTES
§ 6355. Enrollment in school. No superintendent may permit
any child to be enrolled in or to attend school without a certificate of
immunization for each disease or other acceptable evidence of required
immunization or immunity against the disease, except as follows.
3. Moral, philosophical or personal reasons. The parent
states in writing a sincere religious belief which is contrary to the
immunization requirement of this subchapter or an opposition to the immunization
for moral, philosophical or other personal reasons [1983, c. 661, § 8].
MARYLAND STATUTES
TITLE 7 - PUBLIC SCHOOLS SUBTITLE
4. HEALTH AND SAFETY
OF STUDENTS - 403 - Immunizations (a) Rules and
regulations . .
(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.
[Note: You should go to a library and obtain a copy of the
Maryland State Regulations, to find the specific things you need to do to fully
comply with the exemption requirements.]
MASSACHUSETTS GENERAL
LAWS
Chapter 76: Section 15. Vaccination and immunization . .
Section 15 . . In the absence of an emergency or epidemic of
disease declared by the department of public health, no child whose parent or
guardian states in writing that vaccination or immunization conflicts with his
sincere religious beliefs shall be required to present said physician’s
certificate in order to be admitted to school.
MICHIGAN STATUTES
ANNOTATED
333.9205 Immunization of child required.
Sec. 9205 . .
333.9215 Exemptions.
Sec. 9215. (1) A child is exempt from the requirements of
this part as to a specific immunization for any period of time as to which a
physician certifies that a specific immunization is or may be detrimental to the
child’s health or is not appropriate.
(2) A child is exempt from this part if a parent, guardian, or person in loco
parentis of the child presents a written statement to the administrator of the
child’s school or operator of the group program to the effect that the
requirements of this part cannot be met because of religious convictions or
other objection to immunization.
MINNESOTA STATUTES
Education Code
Chapter Title: STUDENT RIGHTS,
RESPONSIBILITIES, AND BEHAVIOR
Section: 121A.15 Health standards; immunizations; school
children . .
Subd. 3. Exemptions from immunizations . .
(d) If a notarized statement signed by the minor child’s
parent or guardian or by the emancipated person is submitted to the
administrator or other person having general control and supervision of the
school or child care facility stating that the person has not been immunized as
prescribed in subdivision 1 because of the conscientiously held beliefs of the
parent or guardian of the minor child or of the emancipated person, the
immunizations specified in the statement shall not be required. This statement
must also be forwarded to the commissioner of the department of health.
MISSISSIPPI CODE OF 1972 (As
Amended)
Public Health
[Note: Unfortunately Mississippi is one of the few states
which permit exemption only due to medical reasons. A pursuasive parent should
be able to convince a doctor of the medical dangers by reviewing the warnings
which are already supplied with the vaccine. Another such state is North
Carolina].
SEC. 41-23-37 . .
A certificate of exemption from vaccination for medical
reasons may be offered on behalf of a child by a duly licensed physician and may
be accepted by the local health officer when, in his opinion, such exemption
will not cause undue risk to the community.
MISSOURI STATUTES
Immunization of School Children
167.181. Immunization of pupils . .
3. This section shall not apply to any child if one parent or
guardian objects in writing to his school administrator against the immunization
of the child, because of religious beliefs or medical contraindications. In
cases where any such objection is for reasons of medical contraindications, a
statement from a duly licensed physician must also be provided to the school
administrator.
MONTANA CODE ANNOTATED
TITLE 20 - Education Code
20-5-403 . .
20-5-405. Medical or religious exemption.
(1) When a parent, guardian, or adult who has the
responsibility for the care and custody of a minor seeking to attend school or
the person seeking to attend school, if an adult, signs and files with the
governing authority, prior to the commencement of attendance each school year, a
notarized affidavit on a form [1] prescribed by the department stating that
immunization is contrary to the religious tenets and practices of the signer,
immunization of the person seeking to attend the school may not be required
prior to attendance at the school. The statement must be maintained as part of
the person’s immunization records. A person who falsely claims a religious
exemption is subject to the penalty for false swearing provided in 45-7-202.
NEBRASKA STATUTES
LAW 79-217 . .
LAW 79-221 Immunization shall not be
required for a student’s enrollment in any school in this state if he or she
submits to the admitting official either of the following: . .
(2) An affidavit signed by the student or, if he or she is a minor, by a
legally authorized representative of the student, stating that the immunization
conflicts with the tenets and practice of a recognized religious denomination of
which the student is an adherent or member or that immunization conflicts with
the personal and sincerely followed religious beliefs of the student.
NEVADA REVISED STATUTES
NRS 392.435 . .
NRS 392.437 Immunization of pupils:
Exemption if prohibited by religious belief. A public school shall not refuse to
enroll a child as a pupil because the child has not been immunized pursuant to
NRS 392.435 if the parents or guardian of the child has submitted to the board
of trustees of the school district or the governing body of a charter school in
which the child has been accepted for enrollment a written statement indicating
that their religious belief prohibits immunization of such child or ward.
NEW HAMPSHIRE STATUTES
TITLE 10 Public Health
CHAPTER 141C
Communicable Disease
SECTION 141-C:20-a
§ 141-C:20-a Immunization . .
§ 141-C:20-c Exemptions. - A child shall be exempt from
immunization if: . .
II. A parent or legal guardian objects to immunization
because of religious beliefs. The parent or legal guardian shall sign a
notarized form stating that the child has not been immunized because of
religious beliefs.
NEW JERSEY PERMANENT STATUTES
26:1A-7. State Sanitary Code
HEALTH AND VITAL STATISTICS
Title 26 . .
26:1A-9.1. Exemption for pupils from mandatory immunization;
interference with religious rights; suspension
Provisions in the State Sanitary Code in implementation of this act shall
provide for exemption for pupils from mandatory immunization if the parent or
guardian of the pupil objects thereto in a written statement signed by the
parent or guardian upon the ground that the proposed immunization interferes
with the free exercise of the pupil’s religious rights. This exemption may be
suspended by the State Commissioner of Health during the existence of an
emergency as determined by the State Commissioner of Health.
NEW MEXICO STATUTES
CHAPTER 24 - Health & Safety
24-5-2 . .
24-5-3 Exemption from immunization.
A. Any minor child through his parent or guardian may file
with the health authority charged with the duty of enforcing the immunization
laws: . .
(1) a certificate of a duly licensed physician stating that
the physical condition of the child is such that immunization would seriously
endanger the life or health of the child; or
(2) affidavits or written affirmation from an officer of a
recognized religious denomination that such child’s parents or guardians are
bona fide members of a denomination whose religious teaching requires reliance
upon prayer or spiritual means alone for healing; or
(3) affidavits or written affirmation from his parent or
legal guardian that his religious beliefs, held either individually or jointly
with others, do not permit the administration of vaccine or other immunizing
agent.
B. Upon filing and approval of such certificate, affidavits
or affirmation, the child is exempt from the legal requirement of immunization
for a period not to exceed nine months on the basis of any one certificate,
affidavits or affirmation.
NEW YORK STATE STATUTES
[Note: There are two relevant sections, Education Code and Public Health. The
exemption is found at the end of the Public Health Statute.]
Education
§ 914. Immunization of children . .
9. This section shall not apply to children whose parent,
parents, or guardian hold genuine and sincere religious beliefs which are
contrary to the practices herein required, and no certificate shall be required
as a prerequisite to such children being admitted or received into school or
attending school.
NORTH CAROLINA STATUTES
Elementary and Secondary Education.
Article 39
§ 115C-547 Policy . .
In conformity with the Constitutions of the United States and
of North Carolina, it is the public policy of the State in matters of education
that "No human authority shall, in any case whatever, control or interfere
with the rights of conscience," or with religious liberty and that
"religion, morality and knowledge being necessary to good government and
the happiness of mankind . . the means of education shall forever be
encouraged" . .
(3) Exemptions from the immunization requirements where
medical practice suggests that immunization would not be in the best health
interests of a specific category of children.
[Note: Unfortunately North Carolina is one of the few states
which permit exemption only due to medical reasons. (Mississippi is another
one.) A pursuasive parent should be able to convince an doctor of the medical
dangers by reviewing the warnings which are already supplied with the vaccine.
Pointing out the first paragraph, quoted above (which is not next to the
exemption paragraph), could only help.]
NORTH DAKOTA CENTURY CODE
TITLE 23 - Health & Safety
23-07-17 Vaccination or inoculation not required for
admission to any school or for the exercise of a right. Repealed by S.L. 1975,
ch. 224, § 2.
3. Any minor child, through the child’s parent or guardian,
may submit to the institution authorities either a certificate from a licensed
physician stating that the physical condition of the child is such that
immunization would endanger the life or health of the child or a certificate
signed by the child’s parent or guardian whose religious, philosophical, or
moral beliefs are opposed to such immunization. The minor child is then exempt
from the provisions of this section.
OHIO REVISED STATUTES
TITLE 33 Education — Libraries
[§ 3313.67.1] § 3313.671 Required immunizations; exceptions
. .
(3) A pupil who presents a written statement of the pupil’s
parent or guardian in which the parent or guardian objects to the immunization
for good cause, including religious convictions, is not required to be
immunized.
OKLAHOMA STATUTES
§70-1210.191 . .
§70-1210.192 Exemptions.
Any minor child, through the parent, guardian, or legal
custodian of the child, may submit to the health authority charged with the
enforcement of the immunization laws of this state: . .
2. A written statement by the parent, guardian or legal
custodian of the child objecting to immunization of the child; whereupon the
child shall be exempt from the immunization laws of this state.
OREGON REVISED STATUTES
433.267 . .
(c) A statement signed by the parent that the child has not been immunized as
described in paragraph (a) of this subsection because the child is being reared
as an adherent to a religion, the teachings of which are opposed to such
immunization.
PENNSYLVANIA STATUTES
Title 28 Health & Safety
§ 23.83 Immunization requirements . .
§ 23.84 Exemption from immunization . .
(b) Religious exemption. Children need not be immunized if
the parent, guardian or emancipated child objects in writing to the immunization
on religious grounds or on the basis of a strong moral or ethical conviction
similar to a religious belief.
RHODE ISLAND STATUTES
TITLE 16 - Education Code
Chapter 16-38
Offenses Pertaining to Schools
SECTION 16-38-2 Immunization . .
(a) Every person upon entering any public or private school
including any college or university in this state as a pupil shall furnish to
the administrative head of the school evidence that the person has been
immunized against such diseases as may from time to time be prescribed by
regulation of the director of health and tested for tuberculosis, or a
certificate from a licensed physician stating that the person is not a fit
subject for immunization for medical reasons, or a certificate signed by the
pupil, if over eighteen (18) years of age, or by the parent or guardian stating
that immunization and/or testing for communicable diseases is contrary to that
person’s religious beliefs. It shall be the responsibility of the
administrative head of the school to secure compliance with these regulations.
SOUTH CAROLINA CODE
TITLE 44 HEALTH
CHAPTER 29 CONTAGIOUS
AND INFECTIOUS DISEASES
SECTION 44-29-40 . .
(D) A South Carolina Certificate of Special Exemption signed by the school
principal, authorized representative, or day care director may be issued to
transfer students while awaiting arrival of medical records from their former
area of residence or to other students who have been unable to secure
immunizations or documentation of immunizations already received. A South
Carolina Certificate of Special Exemption may be issued only once and is valid
for only thirty calendar days from date of enrollment. At the expiration of this
special exemption, the student must present a valid South Carolina Certificate
of Immunization, a valid South Carolina Certificate of Medical Exemption, or a
valid South Carolina Certificate of Religious Exemption.
[Here is the second section on this, located later in the
legal code:]
CODE of REGULATIONS
CHAPTER 61. DEPARTMENT
OF HEALTH AND ENVIRONMENTAL CONTROL
61-8 Vaccination, Screening and Immunization Regarding
Contagious Diseases . .
2. Religious Exemption. A South Carolina Certificate of
Religious Exemption may be granted to any student whose parents, parent,
guardian, or person in loco parentis signs the appropriate section of the South
Carolina Certificate of Religious Exemption stating they are members of a
recognized religious denomination in which the tenets and practices of the
religious denomination conflict with immunizations.
3. Special Exemptions . . A South Carolina Certificate of
Special Exemption may be issued only once and shall be valid for only thirty
(30) calendar days from date of enrollment. At the expiration of this special
exemption, the student must present a valid South Carolina Certificate of
Immunization, or a valid South Carolina Certificate of Medical Exemption, or a
valid South Carolina Certificate of Religious Exemption.
B. Blank forms for the South Carolina Certificate of Medical Exemption, South
Carolina Certificate of Religious Exemption, and South Carolina Certificate of
Special Exemption will be provided by the Department of Health and Environmental
Control.
[Note: As does Texas, South Carolina only gives the religious
exemption to those belonging to a "recognized" church or denomination
which does not believe in vaccinations.]
SOUTH DAKOTA STATUTES
TITLE 13 Education
§ 13-28-7.1 . .
(2) A written statement signed by one parent or guardian that
the child is an adherent to a religious doctrine whose teachings are opposed to
such test and immunization.
TEXAS EDUCATION CODE
Sec. 38.001 . .
(c) Immunization is not required for a person’s admission
to any elementary or secondary school if the person applying for admission:
(1) submits to the admitting official:
(B) an affidavit signed by the applicant or, if a minor, by
the applicant’s parent or guardian stating that the immunization conflicts
with the tenets and practice of a recognized church or religious denomination of
which the applicant is an adherent or member.
[Note: Mississippi, South Carolina, and Texas require
membership in a "recognized" church or denomination not believing in
vaccination.]
UTAH HEALTH CODE
53A-11-301 Certificate of immunization required . .
(1) Unless exempted for personal, medical, or religious
objections as provided in Section 53A-11-302, a student may not attend [school
without having received immunization] . .
53A-11-3025. Personal belief immunization exemption. (1) The Department of
Health shall provide to all local health departments a form to be used by
persons claiming an exemption from immunization requirements based on a personal
belief opposed to immunization. The form shall include a statement printed on
the form and drafted by the Department of Health stating the department’s
position regarding the benefits of immunization. The form shall require, at a
minimum:
(a) a statement claiming exemption from immunizations
required under Section 53A-11-302, signed by a person listed under Subsection
53A-11-302(3)(c);
(b) the name and address of the person who signs the form;
(c) the name of the student exempted from immunizations; and
(d) the school at which the student is enrolling.
VERMONT STATUTES
TITLE 18 - Health Code
Subchapter IV
§ 1121 . .
§ 1122 Exemptions.
(3) If the person, or in the case of a minor the person’s
parent or guardian states in writing that the person, parent or guardian has
religious beliefs or moral convictions opposed to immunization.
VIRGINIA STATUTES
HEALTH CODE
§ 32.1-46 . .
D. The provisions of this section shall not apply if:
1. The parent or guardian of the child objects thereto on the
grounds that the administration of immunizing agents conflicts with his
religious tenets or practices, unless an emergency or epidemic of disease has
been declared by the Board.
REVISED CODE OF WASHINGTON (RCW)
TITLE 28A RCW
COMMON SCHOOL PROVISIONS
CHAPTER 28A.210 RCW
HEALTH—SCREENING AND REQUIREMENTS
RCW 28A.210.090 Immunization program .
.
Exemptions from on presentation of alternative certifications.
Any child shall be exempt in whole or in part from the
immunization measures required by RCW 28A.210.060 through 28A.210.170 upon the
presentation of any one or more of the following, on a form prescribed by the
department of health: . .
(2) A written certification signed by any parent or legal
guardian of the child or any adult in loco parentis [in place of the parent] to
the child that the religious beliefs of the signator [the one who signed it] are
contrary to the required immunization measures; and
(3) A written certification signed by any parent or legal
guardian of the child or any adult in loco parentis to the child that the
signator has either a philosophical or personal objection to the immunization of
the child.
[Note: Here is a significant separate portion of the code,
requiring the local county superintendent to inform parents of their legal
rights:]
RCW 28A.210.130 Immunization program— Superintendent of
public instruction to provide information.
The superintendent of public instruction shall provide for
information about the immunization program and requirements under RCW
28A.210.060 through 28A.210.170 to be widely available throughout the state in
order to promote full use of the program.
[Another separate portion of the legal code:]
RCW 28A.330.100 Additional powers of board: . . (12) To
appoint a practicing physician, resident of the school district, who shall be
known as the school district medical inspector and whose duty it shall be to
decide for the board of directors all questions of sanitation and health
affecting the safety and welfare of the public schools of the district who shall
serve at the board’s pleasure: PROVIDED, that children shall not be required
to submit to vaccination against the will of their parents or guardian.
DISTRICT OF COLUMBIA CODE
TITLE 31 Education & Cultural
Institutions
§ 31-502 . .
§ 31-506 Exemption from certification.
No certification of immunization shall be required for the
admission to a school of a student:
(1) For whom the responsible person objects in good faith and
in writing, to the chief official of the school, that immunization would violate
his or her religious beliefs; or
(2) For whom the school has written certification by a
private physician, his or her representative, or the public health authorities
that immunization is medically inadvisable.
WEST VIRGINIA STATUTES
TITLE 20 - Public Health
§16-3-4.
Any parent or guardian who refuses to permit his or her child
to be immunized against . . [many diseases] . . showing that immunization for
any or all is impossible or improper, or sufficient reason why any or all
immunizations should not be done, shall be guilty of a misdemeanor, and except
as herein otherwise provided, shall, upon conviction, be punished by a fine of
not less than ten nor more than fifty dollars for each offense.
[Note: The above, one sentence, provides for three outcomes.
Rephrased, it reads as follows:
Any parent who refuses to permit the child to be immunized,
who cannot give proof of these immunizations OR provides a doctor’s
certificate OR sufficient reason, may be fined.
These are very similar to other state’s requirements,
although phrased differently. "Sufficient reason" is that it is
against your religious belief.
WISCONSIN STATUTES
120.12(16) (16) Immunization of children . .
252.04 Immunization program . .
252.04(3) The immunization requirement is waived if the student, if an adult,
or the student’s parent, guardian or legal custodian submits a written
statement to the school,
ay care center or nursery school objecting to the
immunization for reasons of health, religion or personal conviction. At the time
any school, day care center, or nursery school notifies a student, parent,
guardian or legal custodian of the immunization requirements, it shall inform
the person in writing of the person’s right to a waiver under this subsection.
WYOMING STATUTES
Title 21 Education
21-4-309 . .
Waivers shall be authorized by the state or county health officer upon
submission of written evidence of religious objection or medical
contraindication to the administration of any vaccine.
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