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Texas Vaccine Exemption Information for the 2003 School Year (8/14/03)
Dear PROVE Texas Members -
Thanks to HB 2292 passed in the Texas Legislature and signed by the governor,
starting September 1, 2003, Texas will become the 19th state to have a
conscientious exemption. HB 2292 also corrected the unconstitutional aspect of
the religious exemption. Now the exemption can be for "a religious
belief", and the unconstitutional requirement to be an adherent of a
recognized religion which opposes immunization has been stricken from law.
Additionally, the criteria allowing a physician to write a medical exemption has
broadened to allow doctors more flexibility to write exemptions.
IN ORDER TO UTILIZE THE CONSCIENTIOUS OR RELIGIOUS
EXEMPTIONS IN TEXAS ON OR AFTER SEPTEMBER 1, 2003 FOR ADMISSION TO PUBLIC
OR PRIVATE SCHOOL, DAY CARE, OR INSTITUTES OF HIGHER EDUCATION, THE LAW REQUIRES
THE PARENT TO:
1) Obtain an official original exemption form from the Texas Department of
Health for each child (photocopies will not be accepted by the school or day
care)
Requests must be in writing and can be made IMMEDIATELY
In writing By Mail or
in Person Only:
The Texas Department of Health
Immunization Division
1100 West 49th Street
Austin, TX 78756
(to be able to prove to your school that you made
a request if TDH messes up, you may want to consider sending your request by
certified mail with a return receipt)
Include in your request:
FYI: TDH is prohibited by law from keeping a record of who asks for a form.
They are only required to track the total number of forms mailed out.
2) Fill out the form and have it notarized. The department will send you 5
copies of the exemption form per child with your child's name and birthday
preprinted on it, but you only need one for admission - save the rest in case
you move or need it for something else. Don't sign the form until you are in
front of the notary so they can witness and stamp it. (Notaries can usually be
found at your bank, commercial postal outlet centers, and some are listed in the
phone book. Banks typically don't charge for this service while the notaries at
commercial postal centers and those listed in the phone book do charge.)
3) Submit one original signed and notarized form to your school or day care,
and only forms notarized within 90 days of being submitted will be accepted, so
don't rush to have your form notarized until you are ready to submit it. Do NOT
send the completed form to the health department. You may want to make a
photocopy of the signed original form for your own records and have the person
you submitted the original form to sign and date the photocopy in
acknowledgement that they have received and accepted the original. This way you
have something to show the school or day care to prove you submitted it if they
should misplace your paperwork and to encourage them to look for it a little
better.
IN ORDER TO UTILIZE A MEDICAL EXEMPTION ON OR AFTER
SEPTEMBER 1, 2003:
Any doctor (MD or DO - no chiropractors) licensed to practice medicine in
the United States who has examined your child may write and sign a letter
stating that "in the physician's opinion, the immunization required poses a
significant risk to the health and well-being of the applicant or any member of
the applicant's family or household." Doctors no longer have to state that
the immunization "would be injurious" to the child.
FOR FAMILIES ENROLLING CHILDREN IN SCHOOL OR DAY CARE
BEFORE SEPTEMBER 1, 2003:
The law in place before September 1, 2003 provides for both a religious and
medical exemption. Information on utilizing a religious exemption including a
sample letter can be found on our web site at: http://www.vaccineinfo.net/exemptions/relexemptlet.shtml
If you've previously submitted a religious exemption letter prior to 9/1/03 you
do not need to submit a new one - it is grandfathered.
If you've previously submitted a medical exemption and it is for a lifelong
condition, you are not required to submit anything new.
For updates on this information, please stay subscribed to our email list at
http://vaccineinfo.net/subscribe.htm
and watch our web site.
Some schools are enrolling children where the parents are telling the school
officials that they will submit the form as soon as they get it from the Health
Department. Other schools are
enforcing the old law in effect until
September 1, 2003
. Check with your school district
directly how they will handle this. If
your district is insistent that they will not admit your child unless they are
fully vaccinated and you desire an exemption, you have the right of a religious
and medical exemption as explained above under the old law.
THE LAW NOW READS TO SAY:
Section 38.001, Education Code:
(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:
A) an affidavit or a
certificate signed by a physician who is duly registered and licensed to
practice medicine in the United States, in which it is stated that, in the
physician's opinion, the immunization required poses a significant risk to the
health and well-being of the applicant or any member of the applicant's family
or household; or
(B) an affidavit signed
by the applicant or, if a minor, by the applicant's parent or guardian stating
that the applicant declines immunization for reasons of conscience, including a
religious belief or
(2) is a member of the armed forces of the United
States and is on active duty.
(c-1) An affidavit submitted under Section (c)(1)(B) must be on a form described
by Section 161.0041, Health and Safety Code, and must be submitted to the
admitting official not later than the 90th day after the date the affidavit is
notarized.
(f) A person who has not received the immunizations required by this section for
reasons of conscience, including because of the person's religious beliefs, may
be excluded from school in times of emergency or epidemic declared by the
commissioner of public health.
Section 51.933, Education Code:
(d) No form of immunization is required for a person's admission to an
institution of higher education if the person applying for admission:
(1) submits to the admitting official:
(A) an affidavit or
a certificate signed by a physician who is duly registered and licensed to
practice medicine within the United States in which it is stated that, in the
physician's opinion, the immunization required poses a significant risk to the
health and well-being of the applicant or any member of the applicant's family
or household; or
(B) an affidavit signed
by the applicant or, if a minor, by the applicant's parent or guardian stating
that the applicant declines immunization for reasons of conscience, including a
religious belief; or
(2) is a member of the armed forces of the United
States and is on active duty.
(d-1) An affidavit submitted under Section (d)(1)(B) must be on a form described
by Section 161.0041, Health and Safety Code, and must be submitted to the
admitting official not later than the 90th day after the date the affidavit is
notarized.
Section 161.004(d), Health and Safety Code:
(d) A child is exempt from an immunization required by this section if:
(1) a parent, managing conservator, or guardian states
that the immunization is being declined for reasons of conscience, including a
religious belief; or
(2) the immunization is medically contraindicated based
on the opinion of a physician licensed by any state in the United States who has
examined the child.
Subchapter A, Chapter 161, Health and Safety Code:
Sec. 161.0041. IMMUNIZATION EXEMPTION AFFIDAVIT FORM.
(a) A person claiming an exemption from a required immunization based on reasons
of conscience, including a religious belief, under Section 161.004 of this code,
Section 38.001 or 51.933, Education
Code, or Section 42.043, Human Resources Code, must complete an affidavit on a
form provided by the department stating the reason for the exemption.
(b) The affidavit must be signed by the person claiming the exemption or, if the
person is a minor, the person's parent, managing conservator, or guardian, and
the affidavit must be notarized.
(c) A person claiming an exemption from a required immunization under this
section may only obtain the affidavit form by submitting a written request for
the affidavit form to the department.
(d) The department shall develop a blank affidavit form that contains a seal or
other security device to prevent reproduction of the form. The affidavit form
shall contain a statement indicating that the person or, if a minor, the
person's parent, managing conservator, or guardian understands the benefits and
risks of
immunizations and the benefits and risks of not being immunized.
(e) The department shall maintain a record of the total number of affidavit
forms sent out each year and shall report that information to the legislature
each year. The department may not maintain a record of the names of individuals
who request an affidavit under this section.
Section 42.043, Human Resources Code:
(d) No immunization may be required for admission to a facility regulated under
this chapter if a person applying for a child's admission submits one of the
following affidavits:
(1) an affidavit signed by a licensed physician stating
that the immunization poses a significant risk to the health and well-being of
the child or a member of the child's family or household; or
(2) an affidavit signed by the child's parent or
guardian stating that the applicant declines immunization for reasons of
conscience, including a religious belief.
(d-1) An affidavit submitted under Section (d)(2) must be on a form described by
Section 161.0041, Health and Safety Code, and must be submitted not later than
the 90th day after the date the affidavit is notarized.
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