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Medical, philosophical or personal belief 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.
Philosophical
Exemption:
The following 18 states allow exemption to vaccination based on
philosophical, personal or conscientiously held beliefs: Arizona,
Arkansas, California,
Colorado, Idaho,
Louisiana, Maine,
Michigan, Minnesota,
New Mexico, North
Dakota, Ohio, Oklahoma,
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
or personal belief 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 may 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
hold a sincere religious belief opposing 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.
(This kind of language has been ruled unconstitutional when it has been
challenged in state Supreme Courts.) Some laws require a signed affidavit
from the pastor or spiritual advisor of the parent exercising religious
exemption that affirms the parents' sincere religious belief about vaccination,
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 proof
may be needed.
Due to differences in state laws, the National Vaccine
Information Center does not recommend or provide a prewritten waiver for
religious exemption because it may not conform with what is required in
your state, and may actually draw attention to your child, and you may
be singled out and challenged.
If you are challenged, you could end up in litigation
brought by your state or county health department 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.
However, parents have successfully obtained religious
exemptions to vaccination. The constitutional right to have and exercise
personal religious beliefs, whether you are of the Christian, Jewish,
Muslim or other faith, can be defended. If you exercise your right to
religious exemption, you must be prepared to defend it. It is always best
to define your personal religious beliefs opposing vaccination in your
own words when you write a letter defending them. If you do belong to
a church and take the time to educate the head of your local church about
the sincerity of your personal religious beliefs regarding vaccination,
obtaining a letter from your pastor, priest, rabbi or other spiritual
counselor affirming the sincerity of your religious beliefs may also be
advisable.
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:
Some 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.
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