|
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.
|