Vaccination
part1
Vaccinations: Yes or No?
If we are to believe the deep-pocket pharmaceutical companies, vaccinations
are harmless and if those companies have their way more and more laws will be
passed, by unscrupulous, soft-money receiving politicos who care more about
their own bottom-line, than they do the health and welfare of the children of
this country. The pharmaceutical companies, through creative financial
contributions and crafty semantics continue to convince scores of parents that
vaccinating is the right thing to do when it comes to caring for their
children. Nothing could be further from the truth.
The United States Government has accepted as fact and evidently the cost of
doing business, that a rate of 10% of serious adverse reactions and deaths following
vaccines is reasonable. This conclusion has been reached despite the fact that
the federal government actually pays families of vaccine-killed or disabled
children nearly $100 million dollars each year, and has done so since 1986
through the National Vaccine Injury Compensation Program.
Many people have a religious objection to vaccinations, first, because they
believe the Word of God when it instructs them that children are a heritage
from the Lord and parents are responsible for raising the children God has
blessed them with. Secondly, some object because many vaccinations are derived
from aborted fetuses. Irrespective of the nature of the religions objection,
many states do provide exemptions for individuals having a religious objection
to vaccinations.
There is much empirical data that conclusively proves vaccinations can be
harmful, and in many cases fatal, and should therefore be avoided. A
comprehensive website concerning vaccinations is:
www.whale.to/vaccines.html
There is also a book available through CSE which provides in-depth
information concerning the dangers of vaccinations and how they destroy our
God-given immune system. The book is item #468 and can be ordered from our
website.
The following is a breakdown of the state-by-state laws for vaccinations and
medical exemptions. We hope you will give serious prayer are consideration to
this important issue. God has charged us with taking care of his temple, (our
bodies), and it is incumbent upon us to be obedient in this area. May God bless
and guide you as you serve him.
ALABAMA
Alabama Immunization Requirements
TABLE OF CONTENTS
420-6-1-.01 Authority
420-6-1-.02 General Provisions
420-6-1-.03 Immunization Schedule
420-6-1-.02 General Provisions
(1) The board of education and the governing authority of each private
school shall require each
pupil, prior to entering kindergarten or first grade or prior to re-entering
the higher grades of the
schools of Alabama, to present a certificate of immunization for the
prevention of diphtheria,
tetanus, pertussis, poliomyelitis, measles, rubella, and mumps. (Code of
Alabama, 1975, Section
16-30-4.) Pupils who have passed their seventh birthday are exempt from a
requirement for
pertussis immunization.
(2) Such certificate shall be on the form approved by the Alabama Department
of Public Health
and shall be made a part of the pupil's school record. When a student leaves
a school upon
graduation, transfer, relocation or otherwise; the school may return the
original certificate to the
student's parents/guardians and retain a legible copy in the school record.
(3) A written objection from the parent or guardian of a student based on
religious tenets and
practices shall be submitted in person by the parent or guardian to the
County Health
Department for issuance of a Certificate of Religious Exemption from the
required
immunizations or testing. A licensed physician can provide individual
exemption from the
required immunizations or testing on a Certificate of Medical Exemption. The
Certificate of
Religious Exemption and the Certificate of Medical Exemption will be on
forms approved by
the Alabama Department of Public Health and will be accepted in lieu of the
Certificate of
Immunization.
420-6-1-.03 Immunization Schedule
(1) Except as provided in Section 420-6-1-.02 and in the Code of Alabama,
1975, Section
16-30-5, each pupil, prior to entering Alabama school grade kindergarten
through twelfth grade
shall receive:
(a) at a minimum four (4) doses of diphtheria, tetanus, and pertussis
vaccination. The last dose
must be administered after the child's fourth birthday. Booster doses of
tetanus-diphtheria toxoid
vaccine must be given 5-10 years after the preschool booster.
(b) at least three (3) doses of polio vaccine with the last dose
administered after the pupil's
fourth birthday.
(c) immunization against mumps and rubella. This dose shall be administered
at 12 months of
age or later.
(d) two (2) doses of measles-containing vaccine. The first dose shall be
administered at 12 months of age or later and the second dose shall be
administered at least 30
days later.
(e) varicella vaccine subject to the following schedule unless there is
documentation of a
positive varicella titer or a date of varicella disease.
This requirement is effective for students entering kindergarten beginning
fall of 2001 and will
escalate by one successive grade each year for the following 12 years to
include all grades,
kindergarten through twelfth,
beginning fall of 2013:
(i) one dose of varicella vaccine at 12 months of age or older for persons
less than 13 years of
age;
(ii) two doses of varicella vaccine separated by at least 28 days for
persons 13 years of age or
older beginning the vaccination series.
ALASKA
Authority: Article 2, Physical Examinations and Screening Examinations,
Alaska Statutes, @
14.30.065, 125, Alaska Admin.Code tit. 4 AAC 06.055.
Responsibility: Statute places responsibility for physical examinations and
immunizations on the
Department of Health and Social Services, Alaska Stat. @14.30.065, and
instructs the
commissioner of health and social services to determine when and against
which diseases they
are necessary. Alaska Stat. g 14.30.125. On direction of the commissioner
the governing body of
a school district shall require children attending school under their
responsibility to be
immunized. Alaska Stat. g 14.30.125.
Immunizations Required: Administrative Code applies to children in public
school districts or
nonpublic schools with grades pre-elementary through 12th. 4 AAC 06.055.(a).
If inability to pay
immunizations will be provided. 4 AAC 06.055.(d). Records for each student
will be kept. 4
AAC 06.055.(e). School districts will exclude any child who has not been
immunized as
required. 4 AAC 06.055.(f).
Exceptions: There is one exception to the record keeping requirement and two
substantive
exemptions:
1) Valid international immunization certificate, or a statement by a
physician listing dates of
immunizations, or a clinic or health center record showing completed
immunizations. 4 AAC
06.055.(b)(l)(A), (B) and (C).
2) Affidavit signed by a licensed Alaskan physician or osteopath that
immunization would be
hazardous to the health and welfare of the child or members of his family or
household. 4 AAC
06.055.(b)(2).
3) Affidavit signed by their 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.
4 AAC O6.O55.(b)(3).
Designated Diseases: Diphtheria, tetanus, polio, pertussis, measles and
rubella. 4 AAC
06.055.(a).
Strategy: Further research on definition of whether home schools are
considered nonpublic
schools, What is meant by hazardous to the "welfare of the child or
members of his family or
household," and the scope of the religious exception.
15-873 . Exemptions; nonattendance during outbreak
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.
2. The school administrator receives written certification which is signed
by the parent or
guardian and by a physician, which states that one or more of the required
immunizations may
be detrimental to the pupil's health and which indicates the specific nature
and probable duration
of the medical condition or circumstance which precludes immunization.
B. An exemption pursuant to subsection A, paragraph 2 is only valid during
the
duration of the circumstance or condition which precludes immunization.
C. Pupils who lack documentary proof of immunization shall not attend school
during outbreak
periods of communicable immunization-preventable diseases as determined by
the department
of health services or local health department. The department of health
services or local health
department shall transmit notice of this determination to the school administrator
responsible for
the exclusion of the pupils.
15-872. Proof of immunization; noncompliance; notice to parents; civil
immunity
A. The director of the department of health services, in consultation with
the
superintendent of public instruction, shall develop by rule standards for
documentary proof.
B. A pupil shall not be allowed to attend school without submitting
documentary proof to the
school administrator unless the pupil is exempted from immunization pursuant
to section 15-873.
C. Each public school shall make full disclosure of the requirements and
exemptions as
prescribed in sections 15-872 and 15-873.
D. On enrollment, the school administrator shall suspend that pupil if the
administrator does not
have documentary proof and the pupil is not exempted from immunization
pursuant to section
15-873.
E. Notwithstanding subsections B and D of this section, a pupil may be
admitted to or allowed to
attend a school if the pupil has received at least one dose of each of the
required immunizations
prescribed pursuant to section 36-672 and has established a schedule for the
completion of
required immunizations. The parent, guardian or person in loco parentis of a
pupil shall present
to the school administrator documentary proof of the immunizations received
and a schedule
prepared by the pupil's physician or a health agency for completion of
additional required
immunizations.
F. The school administrator shall review the school immunization record for
each pupil admitted
or allowed to continue attendance pursuant to subsection E of this section
at least twice each
school year until the pupil receives all of the required immunizations and
shall suspend a pupil
as prescribed in subsection G of this section who fails to comply with the
immunization
schedule. Immunizations received by a pupil shall be entered in the pupil's
school immunization
record.
G. Unless proof of an exemption from immunization pursuant to section 15-873
is provided, a
pupil who is admitted or allowed to continue to attend and who fails to
comply with the
immunization schedule within the time intervals specified by the schedule
shall be suspended
from school attendance until documentary proof of the administration of
another dose of each
appropriate immunizing agent is provided to the school administrator.
H. The provisions of subsections B, D and E of this section do not apply to
homeless pupils until
the fifth calendar day after enrollment.
I. A school and its employees are immune from civil liability for decisions
concerning the
admission, readmission and suspension of a pupil which are based on a good
faith
implementation of the requirements of this article.
46-292 . Eligibility for assistance
(L98, ch 118, sec 2)
A. Cash assistance may be given under this title to any dependent child:
Q. Any parent or other relative who applies for or receives cash assistance
under this section on
behalf of a dependent child shall ensure that the child is immunized in
accordance with the
schedule of immunizations promulgated pursuant to section 36-672. The
director of the
department of economic security may adopt rules for granting good cause
exceptions from the
provisions of this subsection. The department of economic security shall
sanction a recipient, in
accordance with the provisions of section 46-300, who fails, without good
cause, to obtain the
required immunizations for a dependent child unless the recipient submits to
the department of
economic security the documentation described in section 15-873.
36-135. Child immunization reporting system; requirements; access;
confidentiality; immunity;
violation; classification
Andi Denious Supervisor
A. The child immunization reporting system is established in the department
to collect, store,
analyze, release and report immunization data.
B. Beginning on January 1, 1998, a health care professional who is licensed
under title 32 to
provide immunizations shall, except as provided in subsection I, report the
following
information:
1. The health care professional's name, business address and business
telephone
number.
2. The child's name, address, the child's social security number if known
and not
confidential, gender, date of birth and mother's maiden name.
3. The type of vaccine administered and the date it is administered.
C. The health care professional may submit this information to the
department on a weekly or
monthly basis by telephone, facsimile, mail, computer or any other method
prescribed by the
department.
D. Except as provided in subsection I, the department shall release
identifying
information only to the child's health care professional, parent, guardian,
health care service
organization, the Arizona health care cost containment system and its
providers as defined in
title 36, chapter 29, or a school official who is authorized by law to
receive and record
immunization records. The department may, by rule, release immunization
information to
persons for a specified purpose. The department may release non-identifying
summary statistics.
E. Identifying information in the system is confidential. A person who is
authorized to receive
confidential information under subsection D shall not disclose this
information to any other
person.
F. A health care professional who provides information in good faith
pursuant to this section is
not subject to civil or criminal liability.
G. A health care professional who does not comply with the requirements of
this
section violates a law or task applicable to the practice of medicine and an
act of unprofessional
conduct.
H. Any agency or person receiving confidential information from the system
who
subsequently discloses that information to any other person is guilty of a
class 3
misdemeanor.
I. At the request of the child's parent or guardian, the department of
health services shall provide
a form to be signed that allows confidential immunization information to be
withheld from all
persons including persons authorized to receive confidential information
pursuant to subsection
D. If the request is delivered to the health care professional prior to the
immunization, the health
care professional shall not forward the information required under
subsection B to the
department.
Authority: Article 6, School Immunization, Ariz. Rat. Stare. Ann. @@15-871
et seq., 36671.
Title 9, Chapter 6, Department of Health Services - Communicable Diseases,
Ariz. Comp.
4dmin. R. & Regs. R9-6-501 to 506.
Exemption: Arizona has a very wide exception that allows a parent or guardian
of a pupil
attending either public or private schools to sign a statement addressed to
the school
administrator to be exempt from immunizations if they have received
information from the
department of health services, understand the risks and benefits of
immunization and
con-immunization, and that due to personal beliefs do not consent to
immunization. A.RS.
515-873(A)(1), R9-6-5050.
Pupils who lack documentary proof of immunization shall not attend school
during outbreak
periods or communicable diseases. A.R.S. 915-873(C), R9-6-504(G). The only
other exemption
is one for the pupil's health. It is limited to the probable duration of the
medical condition or
circumstance that precludes immunization, and requires a written certificate
signed by a parent
or physician. A.R.S. @15-873(C), R9-6-504@).
Definitions: The definition section does not include home schoolers
directly. However, "Pupil"
as defined as "a person who is eligible to receive instruction at a
school. . ." A.RS 915-871(10).
"School" is defined as, "a public, private or parochial
school that offers instruction at any level
grade through twelfth grade.." A.RS 915-871(11).
Generally: Pupils are not allowed to attend school without submitting proof
of immunization,
unless the student is exempted. A.RS 915-871(B). School Administrators
review school
immunization records at least twice each school year until pupils receive
all of the required
immunizations, and suspend those who fail to comply. A.RS 015-8710,
R9-6-504(A).
Immunity: A school and its employees are immune from civil liability for
decisions concerning
the admission, readmission and suspension of a pupil which are based on a
good faith
implementation of statutory requirements. A.RS 915-8720
Department Rules: The director of the department of health services is
required to adopt rules
For immunizations, school attendance, approved means of immunization and
enforcement. 4.RS.
@36-672.
Strategy: In Arizona the strategy is pretty straight forward and has strong
statutory grounds for
reliance, namely if you do not want your child immunized you simply sign a
statement in
accordance with the requisite information. Further research is required to
verify which category
home schools fit into.
ARKANSAS
Authority: Arkansas Code Annotated & 6-18-702.
Responsibility: Arkansas places the responsibility for the enforcement of
their school
immunization program "equally with each school district. . . and the
parent or guardian. . . and
each of them shall be separately and individually liable for permitting any
violation of this
section." ACA 6-18-702(b).
Generally: No child shall be admitted to a public or private school of
Arkansas without
immunization from 6 basis diseases. ACA 6-18-702(a). Any person found guilty
of violating the
provisions of the immunization requirements will be guilty of a misdemeanor.
ACA 6-18-702(e).
Exemptions:
1) If a doctor or health authority deems a person to have a physical
disability that contraindicates
vaccination, a certificate to that effect can be issued, thus exempting the
student from that
particular shot. ACA 6-18-702(d).
2) If a sibling has had a serious adverse reaction to the pertussis
vaccination, resulting in total
permanent disability, it will not be required of the student.
3) If parents or legal guardian objects to vaccination on grounds that it
conflicts with the
religious tenants and practices of a recognized church or religious
denomination of which they
are members.
RELIGIOUS EXEMPTION APPLICATION
Arkansas Statues Annotated 80-1550 states that a child can be exempted from
immunizations
"on the grounds that such immunization conflicts with the religious
tenets and practices of a
recognized church or religious denomination of which said parent or guardian
is an adherent or
member." In order to determine whether a church qualifies under the
above law, we require that
a church official provide the information requested on the attached
questionnaire After we
receive this information and a certification of church affiliation, we will
decide upon the
appropriateness of this request.
Name
Addresses:
Church Official:
1. How many members does your church have?
2. How frequently do your members meet?
3. Where are your meetings customarily held?
4. Send a written statement of the theology or beliefs of your religion.
5. Attach copy of your doctrine or that part of it which specifies that
immunizations conflict with
the tenets and practices of your church or religious denomination.
6. Attach copy of any legal documents filed with a local, state or national
governmental agency.
CALIFORNIA
Authority: HEALTH AND SAFETY CODE §120340. Conditional admission to school
General Rule: A person who has not been fully immunized against one or more
of the diseases
listed in Section 120335 may be admitted by the governing authority on
condition that within
time periods designated by regulation of the department he or she presents
evidence that he or
she has been fully immunized against all of these diseases.
The governing board of each respective school district, will not admit to
"private or public
elementary or secondary school, child care center, day nursery, nursery
school, family day care
home, or development center" pupils who have not been fully immunized
against the designated
diseases. Health & Safety 3381. Students not fully-immunized may be
temporarily admitted if
full compliance is met within the time frames set by the health department.
Health & Safety
3382.
Documentation: Documentation to the individual are provided by the
organization furnishing the
immunization. Health & Safety 3387. The governing board of each public
or private school
district will keep and periodically review student's immunization records.
Health & Safety 3389.
Exemptions: There are three exemptions to the general rule.
1) Any person 18 years or older, or those seeking admission to a community
college. Health and
Safety 3384.
2) If the parent or guardian files with the governing board of the
respective school district "a
letter or affidavit stating that such immunization is contrary to his or her
beliefs." "However,
whenever there is good cause to believe that such person has been
exposed" to a communicable
diseases "that person may be temporarily excluded from" school.
Health & Safety 3385.
3) If the parent or guardian files with the governing board a statement by a
licensed physician
who believes that the immunization wouldn't be safe for the person, along
with the nature,
duration and contraindications of the medical condition. Health & Safety
3386.
Designated Diseases: Diphtheria, pertussis, tetanus, poliomyelitis, measles
and mumps.
Additionally, any other disease consistent with recommendations by the
United States Public
Health Service, will require immunizations. Health & Safety 3380(a).
(Immunization from
Rubella was effectively eliminated. Health & Safety 3381.) Tuberculosis
is added under Health
& Safety 3400. A "contrary to his or her beliefs" exemption is
allowed under Health & Safety
3406.
Severe Reaction Immunity: "No person shall be liable for any injury
caused... in the
administration of a vaccine... to a minor... if such immunization is
required by state law, and the
administration did not "constitute willful misconduct or gross
negligence." Health & Safety
429.36. If a severe reaction occurs within 30 days of the immunization,
medical expenses may
be reimbursed by the state department up to $25,000. Health & Safety
429.35.
Strategy: All parents who do not want their children to receive
immunization/s can simply file an
"against beliefs" letter with the school district.
COLORADO
Colorado Immunization Requirements
Authority: Colo.Rev.Stat.Ann. & 25-4-901 to 909. 6 Colorado Code Regs.
& 1009-2 (1993)
General Rule: Children may not attend any Colorado school unless the
appropriate school
official is presented with a certificate, from a doctor, representative from
the department of
health, or a local health department, stating that the child has received
immunization against the
listed communicable diseases in 6 CCR-1009-2. CRSA 25-4-902. Additionally,
students
attending any Colorado college or university must be fully immunized as
well. CRSA 25-4-902.5
(Repealed, effective July 1, 1994.)
Exemptions: Children who enter school, but do not submit a certificate of
immunization within
60 days will be suspended, until complying. CRSA 25-4-903(1). There are 3
exemptions CRSA
25-4-901(2)(a),(b):
1. If a certificate from a doctor is submitted that one or more
immunizations would endanger the
child's life or health.
2. By submitting a signed statement that the child or parent "is an
adherent to a religious belief
whose teachings are opposed to immunizations or that the parent or guardian
or the emancipated
child has a personal belief that is opposed to immunizations."
When Exemptions Not Recognized: if there is a danger of epidemic from the
listed
communicable disease no exemption or exception will be recognized.
"Quarantine by the state
or local department of health is hereby authorized as a legal alternative to
immunization." CRSA
25-4-908.
Definitions:
School--means a public, private, or parochial nursery school, day care
center, child care facility,
family care home, head start program, kindergarten, or elementary or
secondary school through
grade twelve. CRSA 25-4-901.
Child--Any student less than 18 years of age CRSA 25-4-901.
Student--means any person enrolled in a Colorado school as defined in
"School." CRSA
25-4-
901.
Limitations on Liability: CRSA 25-4-909:
1) The state of Colorado has found immunization vital to the health of its
citizens.
2) Therefore there is no liability if:
Vaccine was administered using generally accepted clinical methods,
Vaccine was administered according to federal government's CDCA schedule of
immunization.
There was no clinical symptoms nor clinical history present under which
prudent health care
professionals would not have administered such vaccine.
3) Action for compensation for a vaccine-related injury or death must be
exhausted under the
terms of the "national Childhood Vaccine Injury Act of 1986.)
4) If the injury or death does not fall within the parameters of the injury
table in the Act of 1986,
a rebuttable presumption is established that it was not due to the
vaccination, which shall be
overcome by a preponderance of the evidence.
CONNECTICUT
Connecticut Immunization Requirements
Updated May 1998
PUBLIC ACT NO. 96-244
Sec. 16. Subsection (a) of section 10-204a of the general statutes, as
amended by sections 12 and
21 of public act 95-257, is repealed and the following is substituted in
lieu thereof:
(a) Each local or regional board of education, or similar body governing a
nonpublic school or
schools, shall require each child to be protected by adequate immunization
against diphtheria,
pertussis, tetanus, poliomyelitis, measles, mumps, rubella, hemophilus
influenzae type B and any
other vaccine required by the schedule for active immunization adopted
pursuant to section
19a-7f AS AMENDED before being permitted to [attend] ENROLL IN any PROGRAM
OPERATED BY A public or nonpublic [elementary or secondary] school under its
jurisdiction.
Before being permitted to enter seventh grade, a child shall receive a
second immunization
against measles. Any such child who:
1) presents a certificate from a physician or local health agency stating that
initial immunizations
have been given to such child and additional immunizations are in process
under guidelines and
schedules specified by the Commissioner of Public Health; or
2) presents a certificate from a physician stating that in the opinion of
such physician, such
immunization is medically contraindicated because of the physical condition
of such child; or
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
4) in the case of measles, mumps or rubella, presents a certificate from a
physician or from the
director of health in such child's present or previous town of residence,
stating that the child has
had a confirmed case of such disease; or
5) in the case of hemophilus 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.
DELAWARE
Delaware Immunization Requirements
Authority: DeL Code Ann. tit. 14, @131, Delaware Store Board of Health,
Regulations for the
Control of Communicable and Other Disease Conditions, @7 et seq. (1990)
General Rule: "Preschool children who have attained 18 months,"
those under 18 months
"enrolled in child care facilities," "any child entering
private school" between the ages of 2
months and 18 years, and children attending public schools must be
immunized.
All full-time students of post-secondary educational institutions and all
full and part-time
students engaged in patient-care related curriculums, shall be required to
show evidence of
immunity to measles, rubella and mumps prior to enrollment starting
September 1, 1991.
Generally the statute empowers the "State Board of Education, with
advice from the Division of
Public Health," to "adopt and promulgate rules and regulations to
establish an immunization
program." DCA 14, @131 (a).
Exceptions: There is an allowance for three waivers:
1) children whose physicians have submitted, in writing, that a specific immunizing
agent would
be harmful to that child; and, DCBH Regs. 3 7.1.6.
2) children whose parents or guardians present a notarized document that
immunization is
against their religious beliefs." DCBHRegs. @7.1.6. The statute
presents a format with proper
wording for the affidavit. Pertinently the affidavit includes the wording:
-(We) hereby (swear) (affirm) that O subscribe to a belief in a relation to
a Supreme Being
involving duties superior to those arising from any human relation.
-(We) hereby (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. This
belief is not a political,
sociological or philosophical view of a merely personal moral code. DCA 14,
@131(a)(6)
3) In addition to the first two waivers, students attending post-secondary
institutions may show
laboratory evidence of immunity to measles, rubella or mumps, or documented
history of
measles and mumps to be exempted from immunization requirements. DCBHRegs.
@7.1.12.
Definitions:
Child Care Facility - Any organization or business created for, and having
as its major purpose,
the daily care and/or education of children under the age of 7 years. DCBH
Regs. Part EI. 5.
Post-Secondary Institution - State universities, private colleges, technical
and community
colleges, vocational technical schools and hospital nursing schools."
DCBH Regs. 7.1.12.4.
Strategy: If the respective religion, and court interpretation, allows it
then use the statutory
waiver affidavit. If not, the other waivers are extremely narrow.
FLORIDA
Authority: Education Title 16, Attendance-Child Welfare, Fla. Stat. Ann.§
232.032.
General Rule: "The school board of each district and the governing
authority of each nonpublic
school shall establish and enforce as policy that, prior to admittance to or
attendance in a public
or nonpublic school, grades kindergarten through 12, or a public preschool,
each child present or
have on file with the school a certification of immunization for the prevention
of those
communicable diseases for which immunization is required." FSA §
232.032.2. "Immunizations
shall be required for poliomyelitis, diphtheria, rubeola, rubella,
pertussis, mumps, tetanus, and
other communicable diseases as determined by rules of the Department of
Health and
Rehabilitative Services.' FSA § 232.032.1.
Exceptions: The provisions of this section shall not apply if FSA §
232.032.3.:
1) "The parent or guardian of the child objects in writing that the
administration of immunizing
agents conflicts with his religious tenets or practices."
The religious exemption HRT Form 681, JAN 92, is only to be used to exempt a
non-immunized
child "because of his family's religious tenets or practices."
"It cannot be used to exempt a
particular vaccine." Florida Department of Health and Rehabilitative
Services Immunization
program, Guidelines, School and Child Day Care, School Year 1993-94, 1. D.
2) A doctor certifies in writing that the child should be exempt for medical
reasons, based upon
valid clinical reasoning or evidence.
3) The Department of Health and Rehabilitative Services determines that any
required
immunization is unnecessary or hazardous.
4) A school official grants a 30 day exemption to permit a newly transferred
child to obtain
records or immunizations.
Immunity: No doctor or nurse will be liable for any injury caused by action
or failure to act in
the administration of an immunizing agent to a student if the person acts
how a reasonably
prudent person with similar training would have acted under the same or
similar circumstances.
FSA § 232.032.4(a).
Responsibility of Parents: The parents or guardians of any child attending a
Florida public or
private K-
12 school are responsible for assuring that the child is in compliance with
the provisions of this
section. FSA § 232.032.5.
Strategy: The difficulty here is that home schools fit Florida's definition
of "school," and the
religious exemption is expressly allowed only for "no immunizations,'
not for partial.
Additionally, it is expressly stated that the parent is responsible, though
no penalty is given.
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