Vaccine Exemptions

[Guest guest]

Vaccine Exemptions

_http://home.san.rr.com/via/STATES/vaxexemptions.htm_

(http://home.san.rr.com/via/STATES/vaxexemptions.htm)

Q: Do you know how strict the religious exemption is in a particular State?

Can you sign a waiver and simply say it is against your personal religous

belief (similiar 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 47 States

offer religious exemptions and 18 States that offer a philosophical. each of

the 50 States immunization requirements should be on the webpage. if not

please email kschumacher 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. 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/_ (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 18 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, Texas, 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.