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Vaccination Exemption Guidelines

PLEASE NOTE THAT SOME OF THIS INFORMATION MAY HAVE CHANGED AND SO YOU SHOULD FOLLOW UP WITH YOUR OWN STATE TO DETERMINE THEIR ALLOWANCES FOR VACCINE EXEMPTION!

Q: Do you know how 'strict' the religious exemption is in X State? Can you sign a waiver and simply state it is against your personal religious belief (similar to the philosophical exemption)? Or do you need a letter from your pastor? Thank you.

A: There are 50 states that offer a medical exemption There are 48 states offer religious exemptions and 17 states that offer a philosophical (http://www/access1.net/via/states) each of the 50 states immunization requirements should be on the webpage. if not please email via@access1.net to obtain.

In addition you can,

1. Contact the local public health department and ask them to send you the immunization requirements for your state. This is a public entity and are required by law to send this information to you if asked.

2. You can contact your local representative who should be able to get the information for you.

3. The Statute might be available via the net (use the search engines available on the VIA website http://www.washlaw.edu/

The laws vary state by state, and may change, so it is difficult to give you the most current information. There are some religious exemptions that may be less restrictive to others, and could be construed as philosophical beliefs. But it is very state specific.

Good luck.

LEGAL EXEMPTIONS TO VACCINATION

Religious, medical and philosophical exemptions are worded differently in each state. To use an exemption for your child, you must know specifically what the law says in your state. To obtain a copy of your law, ask your local reference librarian to help you. Ask for the public health codes, education and welfare laws pertaining to vaccination requirements for school entry.


Philosophical Exemption: The following 17 states allow exemption to vaccination based on philosophical beliefs: Arizona, California, Colorado, Idaho, Louisiana, Maine, Michigan, Minnesota, New Mexico, North Dakota, Ohio, Oklahoma, Rhode Island, Utah, Vermont, Washington and Wisconsin.

In many of these states, individuals must object to all vaccines, not just a particular vaccine in order to use the philosophical objection or personal conviction exemption. Many state legislators are being urged by federal health officials and medical organizations, to revoke this exemption to vaccination. If you are objecting to vaccination based on philosophical or personal conviction, keep an eye on your state legislature as public health officials seek to amend state laws to eliminate this exemption.

Religious Exemption: All states allow a religious exemption to vaccination except Mississippi and West Virginia.

The religious exemption is intended for people who possess a sincere religious belief against vaccination to the extent that if the state forced vaccination, it would be an infringement on their right to exercise their religious beliefs. Some state laws define religious exemptions broadly to include personal religious beliefs, similar to personal philosophical beliefs. Other states require an individual who claims a religious exemption to be a member of The First Church of Christ, Scientist (Christian Science) or another bonafide religion whose written tenets include prohibition of invasive medical procedures such as vaccination.

Some laws require a signed affidavit from the pastor of the church while others allow the parent to sign a notarized waiver. Prior to registering your child for school, you must check your state law to verify what your health department requires to prove your religious beliefs. The religious exemption is granted based on the First Amendment of the Constitution, which is the right to freely exercise your religion.

Because citizens are protected under the First Amendment of the United States, a state must have a "compelling State interest" before this right can be taken away. One "compelling State interest" is the spread of communicable diseases. In state court cases which have set precedent on this issue the freedom to act according to your own religious belief is subject to reasonable regulation with the justification that it must not threaten the welfare of society as a whole.

Medical Exemptions: All 50 states allow medical exemption to vaccination. Proof of medical exemption must take the form of a signed statement by a Medical Doctor (M.D.) or Doctor of Osteopathy (D.O.) that the administering of one or more vaccines would be detrimental to the health of an individual.

Most doctors follow the AAP and CDC guidelines.  Most states do not allow Doctors of Chiropractic (D.C.) to write medical exemptions to vaccination. Some states will accept a private physician's written exemption without question. Other states allow the state health department to review the doctor's exemption and revoke it if health department officials don't think the exemption is justified.

Proof of Immunity: Most states will allow exemptions to vaccination for certain diseases if proof of immunity can be shown to exist. Immunity can be proven if you or your child have had the natural disease or have been vaccinated. You have to check your state laws to determine which vaccines in your state can be exempted if proof of immunity is demonstrated.

Private medical laboratories can take blood ( a titer test) and analyze it to measure the level of antibodies, for example, to measles or pertussis that are present in the blood. If the antibody level is high enough, according to accepted standards, you have obtained proof of immunity and may be able to use this for an exemption to vaccination.