 The U.S. State of Texas
Allows:
 Medical exemptions
Religious exemptions
Philosophical (conscientious objector, personal belief) exemptions
Contact:
Parents Requesting Open Vaccine Education
(PROVE)
P.O. Box 91566
Austin, TX 78709-1566
http://www.vaccineinfo.net
email: prove@vaccineinfo.net
(Source: http://www.vaccineinfo.net/exemptions/index.shtml)
The state of Texas grants and acknowledges the right of parents to exempt their children from vaccination requirements for day care, school, and college.
In 2003, the Texas legislature passed changes to the statutes expanding the reasons a parent can claim an exemption but the Health Department has also increased the bureaucratic red tape necessary for claiming the exemption. There are specific procedures for requesting an official state form and submitting it to the school or for completing a medical exemption that all take some time. We recommend this be handled well in advance.
Everyone claiming an exemption for the first time after 9/1/03 must comply with the new law. If you've submitted an old religious exemption prior to 9/1/03 you are grandfathered under the old law and do not need a new form. The vaccine exemption forms for reasons of conscience including a religious belief are only for students claiming a vaccine exemption for the first time after 9/1/03 when the new law went into effect. If you need to request forms from the state health department, you can do it by fax, mail, or personal visit. If you send it by mail, we suggest sending it registered mail with a receipt so you can keep track of your request.
According to the Texas Dept. of Health:
Written requests must be submitted through the U.S. Postal Service, commercial carrier, fax at (512) 458-7544 , or by hand-delivery to:
1946
DSHS Immunization Branch
1100 West 49th Street
Austin, Texas 78756
Hand-delivered requests may be submitted to the DSHS, Immunization Branch, between 8 a.m. and 5 p.m. Mondays through Fridays. ALL affidavit forms will be mailed to you via U.S. Postal Service. No requests will be filled at the time of hand-delivery.
Affidavit form requests will be processed and mailed within one week from the receipt of the request. If additional information is needed in order to process the affidavit, you will be notified;
The letter must include the following information:
- Full name of each child for whom a form is requested (first, middle, and last);
- Date of birth of each child for whom a form is requested;
- Parent or legal guardian’s complete return mailing address, including zip code;
- Number of forms needed for each child (not to exceed five forms per child)
Electronic mail or telephone requests cannot be processed.
The official Texas Department of State Health Services affidavit form must be notarized and submitted to school officials. The form must be submitted within 90 days from the date it is notarized.
The school will accept only official affidavit forms developed and issued by the Texas Department of State Health Services (DSHS), Immunization Branch.. No other forms or reproductions will be allowed.
(SOURCE: http://www.tdh.state.tx.us/immunize/school_exclusion.htm)
IT IS OUR OPINION THAT PARENTS SHOULD OBTAIN A WRITTEN NOTE FROM THE SCHOOL ACKNOWLEDGING RECEIPT OF THE EXEMPTION FORM. IF THE SCHOOL LOOSES THE FORM THEY CAN KICK YOUR KIDS OUT OF SCHOOL. IF YOU HAVE A WRITTEN RECEIPT FROM THE SCHOOL THAT YOU SUBMITTED THE FORM, YOU CAN PUT THE RESPONSIBILITY BACK ON THE SCHOOL TO GO FIND IT AND KEEP YOUR CHILD IN SCHOOL.
It is also our opinion that the department is outside of the law requiring that parents submit their children's names to get a form especially since the law requires the department to develop a blank form. They are also exceeding their authority in the statute by putting 2 year expirations on the new forms as the statute specifies no expiration. This bullying behavior is putting the department at risk for a legal challenge. However, for now, until this is legally challenged, these are the dictatorial procedures the DSHS has set up.
Ignorant school officials around the state are denying kids admission to school if they have an old religious exemption affidavit saying they need one of the new forms from the health department. THIS IS NOT TRUE! If you hear this is happening in your district, please call the superintendent's office and give them this link to the state health department where it clearly says you don't need a new form. Also, when you transfer schools, the old religious exemption letter is still part of your child's record and you do not need a new one as long as it was part of your child's record prior to 9/1/03.
http://www.tdh.state.tx.us/immunize/docs/faq_exemption.pdf
On the bottom of page 2, it says:
Q. If a child currently has a religious exemption for vaccinations on file with the school, do they need to obtain a new vaccine exemption for reasons of conscience affidavit?
A. No. Students who are currently exempt from vaccination for religious beliefs and already have an affidavit on file at the school they attend do not need a new vaccine exemption affidavit form. The religious exemption on file remains valid.
Also on page 2 it says:
Q. What if my child changes schools?
A. The vaccine exemption affidavit is part of the child’s school records and should be sent to the new school with other school records.
Additionally, some schools, daycare facilities and colleges are saying they don't have to accept the exemption. This is wrong - the law grants parents this right and the schools and daycares can't take this right away. For your convenience, we've posted links to the state statutes directly below.
The other option for parents to exempt their child from state immunization requirements is with a medical exemption written by a doctor. This is intended for families with children with health concerns or a past history of reactions. While this option bypasses the bureaucratic red tape with the new conscientious/religious exemption, the pressures on doctors to not write these are great and it may be difficult to get a doctor who acknowledges a vaccine reaction to substantiate that in writing by issuing an exemption because of pressures being put on them to deny acknowledgement of vaccine reactions.
Regardless, most families and physicians are not aware the exemption statute was greatly expanded last session to make it much easier for a doctor to write to protect a child from future reactions. No longer do they have to say the vaccine would definitively harm the child but that it instead poses a risk to the child. Any M.D. or D.O. licensed to practice medicine in the United States can write the letter stating that "in the physician's opinion, the vaccine required poses a significant risk to the health and well-being of the child or any member of the child's household." If the letter also says this is for a lifelong condition, (the condition does not need to be named) the exemption never has to be renewed. Otherwise it has to be renewed annually. The doctor just needs to write it out on a piece of paper and sign it. In this case, you can keep the original and give the school a copy.
Here is a sample medical exemption letter:
Medical Exemption to Immunization
In my opinion, the required immunizations pose a significant risk to the health and well-being of (name of child). This is a lifelong exemption for lifelong conditions.
Doctor's name, signature, and date
Children and Education including Colleges:
Day Care :
Health Care Providers :
State of Texas :
TEXAS H.B. No. 2292
AN ACT relating to the provision of health and human services in this state, including the powers and duties of the Health and Human Services Commission and other state agencies; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 2.04. Subchapter B, Chapter 531, Government Code, is amended by adding Section 531.0335 to read as follows:
Sec. 531.0335. PROHIBITION ON PUNITIVE ACTION FOR FAILURE TO IMMUNIZE.
(a) In this section:
(1) "Person responsible for a child's care, custody, or welfare" has the meaning assigned by Section 261.001, Family Code.
(2) "Punitive action" includes the initiation of an investigation of a person responsible for a child's care, custody, or welfare for alleged or suspected abuse or neglect of a child.
(b) The commissioner by rule shall prohibit a health and human services agency from taking a punitive action against a person responsible for a child's care, custody, or welfare for failure of the person to ensure that the child receives the immunization series prescribed by Section 161.004, Health and Safety Code.
(c) This section does not affect a law, including Chapter 31, Human Resources Code, that specifically provides a punitive action for failure to ensure that a child receives the immunization series prescribed by Section 161.004, Health and Safety Code.
SECTION 2.160. Section 38.001, Education Code, is amended by amending Subsection (c) and adding Subsections (c-1) and (f) to read as follows:
(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 [would be injurious] 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 [conflicts with the tenets and practice of a recognized church or religious denomination of which the applicant is an adherent or member, except that this exemption does not apply in times of emergency or epidemic declared by the
commissioner of public health]; 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 2.161. Section 51.933, Education Code, is amended by amending Subsection (d) and adding Subsection (d-1) to read as follows:
(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 [would be injurious] 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 [conflicts with the tenets and practice of a recognized church or religious denomination of which the applicant is an adherent or member]; 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 2.162. Section 161.004(d), Health and Safety Code, is amended to read as follows:
(d) A child is exempt from an immunization required by this section if (1) [immunization conflicts with the tenets of an organized religion to which] a parent, managing conservator, or guardian states that the immunization is being declined for reasons of conscience, including a religious belief [belongs]; or
(2) the immunization is medically contraindicated based on the opinion of [an examination of the child by] a physician licensed by any state in the United States who has examined the child.
SECTION 2.163. Subchapter A, Chapter 161, Health and Safety Code, is amended by adding Section 161.0041 to read as follows:
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 2.164. Section 42.043, Human Resources Code, is amended by amending Subsection (d) and adding Subsection (d-1) to read as follows:
(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 [would be injurious] 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 [conflicts with the tenets and practices of a recognized religious organization of which the applicant is an adherent or a member].
(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. |
