ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
[*1] SECTION 1. Arkansas Code Section 6-18-702(d), requiring immunization of children, is amended to read as follows:
(d)(1) (A) THE STATE BOARD OF HEALTH SHALL PROMULGATE RULES AND REGULATIONS TO ENSURE THAT ALL EXEMPTIONS PROVIDED BY THIS SECTION SHALL HAVE A MINIMAL EFFECT ON THE HEALTH AND SAFETY OF ALL CHILDREN ATTENDING DAYCARE OR KINDERGARTEN THROUGH GRADE TWELVE (K-12).
(B) THE RULES SHALL PROVIDE FOR, BUT ARE NOT LIMITED TO, THE TRACKING OF THOSE CHILDREN WITH EXEMPTIONS SO THAT APPROPRIATE STEPS MAY BE TAKEN IN THE EVENT OF AN OUTBREAK OR EPIDEMIC.
(2) THE DEPARTMENT OF HEALTH, AND NO OTHER DEPARTMENT OR ENTITY, SHALL GRANT EXEMPTIONS PROVIDED FOR BY THIS SECTION.
(3) If, in the discretion of the health authority having jurisdiction or of any physician licensed to practice by the Arkansas State Medical Board, any person to whom this section applies shall be deemed to have a physical disability which may contraindicate vaccination, a certificate to that effect issued by the health officer may be accepted in lieu of a certificate of vaccination, provided that the exemption shall not apply when the disability shall have been removed.
(4)(A) The provisions of this section shall not apply if the parents or legal guardian of that child object thereto on the grounds that immunization conflicts with the religious tenets and practices of a recognized church or religious denomination of which OR PHILOSOPHICAL BELIEFS OF the parent or guardian is an adherent or member.
(B) THE PARENTS OR LEGAL GUARDIAN OF THE CHILD SHALL COMPLETE AN ANNUAL APPLICATION PROCESS DEVELOPED IN THE RULES AND REGULATIONS OF THE DEPARTMENT OF HEALTH FOR MEDICAL, RELIGIOUS, AND PHILOSOPHICAL EXEMPTIONS.
(C) THE RULES AND REGULATIONS DEVELOPED BY THE DEPARTMENT OF HEALTH FOR MEDICAL, RELIGIOUS, AND PHILOSOPHICAL EXEMPTIONS SHALL INCLUDE, BUT NOT BE LIMITED TO:
(I) NOTARIZED STATEMENT REQUESTING A RELIGIOUS, PHILOSOPHICAL, OR MEDICAL EXEMPTION FROM THE DEPARTMENT OF HEALTH BY THE PARENTS OR LEGAL GUARDIAN OF THE CHILD REGARDING THE OBJECTION;
(II) COMPLETION OF AN EDUCATIONAL COMPONENT DEVELOPED BY THE DEPARTMENT OF HEALTH THAT INCLUDES INFORMATION ON THE RISKS AND BENEFITS OF VACCINATION;
(III) AN INFORMED CONSENT FROM THE PARENTS OR GUARDIAN THAT SHALL INCLUDE A SIGNED STATEMENT OF REFUSAL TO VACCINATE BASED ON THE DEPARTMENT OF HEALTH REFUSAL TO VACCINATE FORM; AND
(IV) A SIGNED STATEMENT OF UNDERSTANDING THAT:
(A) AT THE DISCRETION OF THE DEPARTMENT OF HEALTH, THE UNIMMUNIZED CHILD OR INDIVIDUAL MAY BE REMOVED FROM DAYCARE OR SCHOOL DURING AN OUTBREAK IF THE CHILD OR INDIVIDUAL IS NOT FULLY VACCINATED; AND
(B) THE CHILD OR INDIVIDUAL SHALL NOT RETURN TO SCHOOL UNTIL THE OUTBREAK HAS BEEN RESOLVED AND THE DEPARTMENT OF HEALTH APPROVES THE RETURN TO SCHOOL.
(D) NO EXEMPTIONS MAY BE GRANTED UNDER THIS SUBDIVISION (D)(4), UNTIL THE APPLICATION PROCESS HAS BEEN IMPLEMENTED BY THE DEPARTMENT OF HEALTH AND COMPLETED BY THE APPLICANT.
(3) (5) Furthermore, the provisions of this section requiring pertussis vaccination shall not apply to any child with a sibling, either whole blood or half blood, who has had a serious adverse reaction to the pertussis antigen, which reaction resulted in a total permanent disability.
[*2] SECTION 2. Arkansas Code Section 6-60-504(b), concerning religious objections to immunization of college and university students, is amended to read as follows:
(b) (1) The provisions of this subchapter shall not apply if the individual furnishes to the college or university written proof from a church or denomination official that the immunization conflicts with the religious tenets and practices of the recognized church or religious denomination of A LETTER OF EXEMPTION FROM THE DEPARTMENT OF HEALTH.
(2)(A) THE INDIVIDUAL SHALL COMPLETE AN ANNUAL APPLICATION PROCESS DEVELOPED IN THE RULES AND REGULATIONS OF THE DEPARTMENT OF HEALTH FOR MEDICAL, RELIGIOUS, AND PHILOSOPHICAL EXEMPTIONS.
(B) THE RULES AND REGULATIONS DEVELOPED BY THE DEPARTMENT OF HEALTH FOR MEDICAL, RELIGIOUS, AND PHILOSOPHICAL EXEMPTIONS SHALL INCLUDE, BUT NOT BE LIMITED TO:
(I) NOTARIZED STATEMENT REQUESTING A RELIGIOUS, PHILOSOPHICAL, OR MEDICAL EXEMPTION FROM THE DEPARTMENT OF HEALTH BY THE INDIVIDUAL REGARDING THE OBJECTION
(II) COMPLETION OF AN EDUCATIONAL COMPONENT DEVELOPED BY THE DEPARTMENT OF HEALTH THAT INCLUDES INFORMATION ON THE RISKS AND BENEFITS OF VACCINATION;
(III) AN INFORMED CONSENT FROM THE INDIVIDUAL THAT SHALL INCLUDE A SIGNED STATEMENT OF REFUSAL TO VACCINATE BASED ON THE DEPARTMENT OF HEALTH REFUSAL TO VACCINATE FORM; AND
(IV) A SIGNED STATEMENT OF UNDERSTANDING THAT:
(A) AT THE DISCRETION OF THE DEPARTMENT OF HEALTH, THE UNIMMUNIZED CHILD OR INDIVIDUAL MAY BE REMOVED FROM DAYCARE OR SCHOOL DURING AN OUTBREAK IF THE CHILD OR INDIVIDUAL IS NOT FULLY VACCINATED; AND
(B) THE CHILD OR INDIVIDUAL SHALL NOT RETURN TO SCHOOL UNTIL THE OUTBREAK HAS BEEN RESOLVED AND THE DEPARTMENT OF HEALTH APPROVES THE RETURN TO SCHOOL.
(3) NO EXEMPTIONS MAY BE GRANTED UNDER THIS SUBSECTION (B), UNTIL THE APPLICATION PROCESS HAS BEEN IMPLEMENTED BY THE DEPARTMENT OF HEALTH AND COMPLETED BY THE APPLICANT.
[*3] SECTION 3. Arkansas Code Section 20-78-206(a)(2)(B), concerning exemptions from immunization in child care facilities, is amended to read as follows:
(B)(i) The provisions of subdivision (a)(2)(A) of this section pertaining to immunizations shall not apply if the parents or legal guardian of that child object thereto on the grounds that such immunization conflicts with the religious tenets and practices of a recognized church or religious denomination of which OR PHILOSOPHICAL BELIEFS OF the parent or guardian is an adherent or member.
(II) THE PARENTS OR LEGAL GUARDIAN OF THE CHILD SHALL COMPLETE AN ANNUAL APPLICATION PROCESS DEVELOPED IN THE RULES AND REGULATIONS OF THE DEPARTMENT OF HEALTH FOR MEDICAL, RELIGIOUS AND PHILOSOPHICAL EXEMPTIONS.
(A) THE RULES AND REGULATIONS DEVELOPED BY THE DEPARTMENT OF HEALTH FOR MEDICAL, RELIGIOUS AND PHILOSOPHICAL EXEMPTIONS SHALL INCLUDE BUT NOT BE LIMITED TO:
(1) NOTARIZED STATEMENT REQUESTING A RELIGIOUS, PHILOSOPHICAL, OR MEDICAL EXEMPTION FROM THE DEPARTMENT OF HEALTH BY THE PARENTS OR LEGAL GUARDIAN OF THE CHILD REGARDING THE OBJECTION;
(II) COMPLETION OF AN EDUCATIONAL COMPONENT DEVELOPED BY THE DEPARTMENT OF HEALTH THAT INCLUDES INFORMATION ON THE RISKS AND BENEFITS OF VACCINATION;
(3) AN INFORMED CONSENT FROM THE PARENTS OR GUARDIAN THAT SHALL INCLUDE A SIGNED STATEMENT OF REFUSAL TO VACCINATE BASED ON THE DEPARTMENT OF HEALTH REFUSAL TO VACCINATE FORM; AND
(4) A SIGNED STATEMENT OF UNDERSTANDING THAT:
(A) AT THE DISCRETION OF THE DEPARTMENT OF HEALTH, THE UNIMMUNIZED CHILD OR INDIVIDUAL MAY BE REMOVED FROM DAYCARE OR SCHOOL DURING AN OUTBREAK IF THE CHILD OR INDIVIDUAL IS NOT FULLY VACCINATED; AND
(B) THE CHILD OR INDIVIDUAL SHALL NOT RETURN TO SCHOOL UNTIL THE OUTBREAK HAS BEEN RESOLVED AND THE DEPARTMENT OF HEALTH APPROVES THE RETURN TO SCHOOL.
(B) NO EXEMPTIONS MAY BE GRANTED UNDER THIS SUBDIVISION (D)(4), UNTIL THE APPLICATION PROCESS HAS BEEN IMPLEMENTED BY THE DEPARTMENT OF HEALTH AND COMPLETED BY THE APPLICANT.
(ii)
(III) Furthermore, the provisions of subdivision (a)(2)(A) of this section requiring pertussis vaccination shall not apply to any child with a sibling, either whole blood or half blood, who has had a serious adverse reaction to the pertussis antigen, which reaction resulted in a total permanent disability.
[*4] SECTION 4. Arkansas Code Section 20-7-306, concerning reports and assistance by the Department of Health to the House and Senate Interim Committees on Public Health, Welfare, and Labor, is amended to add an additional subsection to read as follows:
(C)(1)(A) WITH REGARD TO SECTIONS 6-18-702(D), 6-60-504(B), AND 20-78-206(A)(2)(B), THE DEPARTMENT OF HEALTH SHALL REPORT EVERY SIX (6) MONTHS TO THE HOUSE AND SENATE INTERIM COMMITTEES OF PUBLIC HEALTH, WELFARE, AND LABOR REGARDING.
(I) THE GEOGRAPHIC PATTERNS OF EXEMPTIONS, VACCINATION RATES, AND EXEMPTIONS IN THOSE AREAS AS WELL AS THE REST OF THE STATE, AND
(II) DISEASE INCIDENCE OF VACCINE PREVENTABLE DISEASE COLLECTED BY THE DEPARTMENT OF HEALTH.
(B) THE COLLECTIONS OF EXEMPTION INFORMATION SHALL BEGIN JANUARY 4, 2004.
(C) REPORTS SHALL BEGIN AT THE FIRST INTERIM MEETING OF THE HOUSE AND SENATE INTERIM COMMITTEES OF PUBLIC HEALTH, WELFARE, AND LABOR.
(2) THE DEPARTMENT OF HEALTH SHALL FACILITATE A STUDY TO INCLUDE RELIGIOUS, PHILOSOPHICAL, AND MEDICAL EXEMPTION PATTERNS AND THE INCIDENCE OF DISEASE IN THE STATE.
(A) THE STUDY SHALL INCLUDE:
(I) AN EVALUATION OF THE STATE'S IMMUNIZATION POLICIES;
(II) THE INCIDENCE OF DISEASE IN ARKANSAS AND OTHER STATES; AND
(III) A RISK EVALUATION OF SPECIFIC POPULATIONS IN ARKANSAS.
(B) THE STUDY SHALL BEGIN JULY 3, 2003, AND SHALL BE COMPLETED BY DECEMBER 31, 2004.
(C) THE STUDY SHALL BE A COLLABORATIVE EFFORT COORDINATED BY THE DEPARTMENT OF HEALTH.
(3) THE DEPARTMENT OF HEALTH SHALL ISSUE A FINAL ASSESSMENT ON THE IMPACT OF THIS SUBSECTION (C) TO THE SENATE AND HOUSE PUBLIC HEALTH, WELFARE, AND LABOR COMMITTEES DURING THE 2005 REGULAR SESSION OF THE GENERAL ASSEMBLY.
[*5] SECTION 4. EMERGENCY CLAUSE. IT IS FOUND AND DETERMINED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS THAT THE FEDERAL DISTRICT COURTS FOR THE EASTERN AND WESTERN DISTRICTS OF ARKANSAS HAVE HELD THE STATE'S SCHOOL IMMUNIZATION STATUTE TO BE UNCONSTITUTIONAL, THAT THE COURTS HAVE STAYED THE EFFECT OF THE FINDING, THAT IF THE STAY IS LIFTED BEFORE THIS ACT BECOMES EFFECTIVE, SOME STUDENTS WILL BE EXCLUDED FROM SCHOOL ATTENDANCE. THEREFORE, AN EMERGENCY IS DECLARED TO EXIST AND THIS ACT BEING IMMEDIATELY NECESSARY FOR THE PRESERVATION OF THE PUBLIC PEACE, HEALTH, AND SAFETY SHALL BECOME EFFECTIVE ON: April 1, 200
The U.S. State of Arkansas 
Medical exemptions
