Texas Vaccine Exemption Information for the 2003 School Year (updated 8/14/03)  (also posted at http://www.vaccineinfo.net/exemptions/exemption2003.shtml)

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   

           by mail only (NO fax, personal, telephone or email requests):

             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:

     * that you are requesting immunization exemption forms

     * the full names and birthdates of the children for which you are requesting immunization exemption forms

     * Your signature, your name and the complete postal mail address where you want the forms mailed  

 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, you do not need to submit a new one until after September 1st, and then you will need to submit one of the official health department forms.   If you've previously submitted a medical exemption and it is for a lifelong condition, you are not required to submit anything new.

 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.

For updates on this information, please stay subscribed to our email list at

http://vaccineinfo.net/subscribe.htm.

 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.

----------------------------------------------------------------------------

Dawn Richardson

PROVE(Parents Requesting Open Vaccine Education)

prove@vaccineinfo.net (email)

http://vaccineinfo.net/ (web site)

---------------------------------------------------------------------------

PROVE provides information on vaccines, and immunization policies and practices that affect the children and adults of Texas.  Our mission is to prevent vaccine injury and death and to promote and protect the right of every person to make informed independent vaccination decisions for themselves and their family.

----------------------------------------------------------------------------

This information is not to be construed as medical OR legal advice.

----------------------------------------------------------------------------  

Texas Department of Health, Immunization Division - Exclusions from Immunizations