Vaccination Liberation Information

NEW YORK - IMMUNIZATION EXEMPTIONS by State (includes current statutes, letters & forms)

    Disclaimer:
  • Use our exemption pages at your own discretion.
  • Vaccination Liberation is a volunteer organization.
  • Our services are freely given, although we appreciate donations and parallel efforts of like minded activists.
  • We are NOT doctors or lawyers.
  • Our work is for the purpose of assisting YOU to assert your rights.
  • We make NO guarantee of outcome for your actions.
  • Laws change frequently. Errors may occur.
  • Please double check current laws for your state.

    • Important: Read our Full Disclaimer here:

For help with New York exemptions, please contact:

Gary Krasner, Director, Coalition For Informed Choice.
188-34 87th Drive, #4B,
Hollis, NY 11423
Fax / Phone: 718-479-2939
comprehensive counseling and guidance for obtaining the religious waiver, only for NY state.
email page: click here: (vaclib.org+CFIC) for comprehensive information

Coalition For Informed Choice


Parents Should Decide Which Vaccines, If Any, Will Be Given To Their Children

If you agree, and reside in NYS, then you will want to join Coalition For Informed Choice (CFIC). For that statement is the baseline conviction of all those who want true informed consent. CFIC has assisted thousands of its members in obtaining religious exemptions for school, and to refrain from vaccination for their children in a safe manner---both medically and legally.

Founded in 1994, Coalition For Informed Choice (CFIC) is a free-to-join, non-partisan, statewide (NY only) coalition that includes parents, doctors, lawyers, teachers, college students. CFIC is the prime clearing house for all aspects involving resistance to vaccine mandates in NYS, through assisting individuals with the sometimes complex hurdles to obtain a religious waiver from the school vaccine requirements, and through formation of local and regional parent groups to lobby for CFIC's legislation to remove the restrictions in the exemption provisions in NYS law.

Services For Members Include:

(1) Assistance in obtaining school exemptions from vaccination in NYS.
(2) Referrals to local pediatricians who respect parents' refusal to vaccinate.
(3) CFIC will negotiate or litigate on parent's behalf if they're denied the waiver.
(4) Parents may join local chapters of CFIC in their own areas of the state, to help enact our bills.
(5) Assistance to parents who become entangled with children's protective services.
(6) Tutorials that help parents avoid entanglement with children's protective services.
(7) Free Books on Natural Hygiene (diet and healing) from the CFIC Booklist.
(8) Procedure to refuse hep-b vaccine for newborn & evade entanglement with CPS.

Each year since 2002, CFIC's legislation has been introduced in the State Senate and Assembly.
The bills are summarized as follows:

Bill#1: Permits private physician's certification for the medical exemption to prevail over Dept. of Health veto.
Bill#2: Removes the "genuine and sincere" religious test used to screen applicants for the religious exemption.
Bill#3: Enacts a "philosophical exemption" that merely requires the parent to state an objection to vaccination.

Alliances With Autism Groups:

Several leading autism activists and leaders of autism groups in NYS have joined CFIC. Efforts to organize against each and every separate new vaccine being proposed for school, or to outlaw each and every harmful vaccine ingredient (etc.), are just too great. We lose by attrition, because drug companies can bring more resources to bear in lobbying legislators.

The emerging realization is that protecting susceptible children from assaults on their health through vaccination is best accomplished through a broader, universal approach. Thus, it may be most cost effective to work to enact a philosophical exemption provision, or to amend the religious waiver to terminate sincerity testing.

When this is accomplished, two effects will work in synergy: First, parents in NYS would be fully empowered to exercise genuine "informed consent", which previously never included the power to "withhold consent." With each new vaccine---especially non-essential vaccines---that the legislature mandates for school, there will be more parents making the prudent decision to withhold consent. This would yield the second effect: In order to maintain high vaccination rates, legislators will realize that mandated vaccines must be kept to a minimum. For the first time, normal market forces will prevail, and stay the hand of public health fanaticism and excesses.

Vaccination Exemptions:

For parents wishing to obtain religious exemptions from vaccination: CFIC provides parents with the most comprehensive and detailed aids ever assembled. The package includes hands-on personal support, and in-depth instructions and contingencies that no lawyer can provide. The toolkits include followup support for filing appeals, should that be necessary.

In addition, CFIC provides extensive tutorials for parents to protect themselves from the legal risks of not vaccinating their children; what to do when your child becomes ill with an inflammatory ("infectious") disease, with additional referrals to the best resource material available on the web, and from the free CFIC booklist.

Basic Facts About The Religious Waiver

Vaccination mandates for children residing in NYS apply solely to children enrolled in school, and not to homeschooled children. Public Health Law 21659(1)(a) states: "The term ‘school' includes any public, private or parochial, child caring center, day nursery, day care agency, nursery school, kindergarten, elementary, intermediate or secondary school."

Parents of any and all religious affiliations and backgrounds may qualify for the waiver---that includes Jews, Christians, Muslims, and Buddhists. CFIC provides special guidance for adherents of each of these religions. But before a school may approve a religious waiver, all schools (public, daycare centers, preschools, parochial schools, summer camps, etc.) are required to determine that the parent's claimed religious belief is genuinely religious in nature, as opposed to a secular philosophy. The second leg of the test is for the school to be satisfied that the belief is sincerely held. Socalled "sincerity testing" is what CFIC's bill (one of three bills that CFIC has introduced in the state legislature) strikes from the statute. Yet until it's enacted, this "religious test" is the law for all school children in NYS, except homeschooled children.

Over the years, varied by school district, policies and tactics of schools have made it necessary to provide comprehensive guidance for parents---beyond claiming the exemption in its most basic form (i.e. a letter to the school). While not all schools make it difficult for parents, some do, and you may not know when you'll encounter such a school during the time your children go from pre-K and on through college.

Despite the issuance of a standard affidavit by NYSED in 2005, some school districts still require parents to endure lengthy verbal depositions by school attorneys, and/or require parents to answer tricky questionnaires or demand exact facsimiles of their family's medical records. Other schools make parents agree to unacceptable conditions for their unvaccinated child to attend school. CFIC provides critical recommendations to avoid or resist these obstacles. Parents are provided with continually updated information on tactics and methods of responding.

Fortunately, most school districts just require paperwork, with no special agenda to deny the waiver to you. But there's a few which demand that parents submit to depositions or questionnaires that go beyond the standard State Education Dept. Affidavit Form (CFIC supplies all the forms you'll need). These school districts are most likely to deny you the waiver. It is against these school districts, that the CFIC tactical tutorials are essential aids, and for which mistakes must be avoided.

Virtually all parents who follow CFIC's advice ultimately obtain the waiver. Sometimes CFIC has had to litigate an appeal to win it. But there are no guarantees of getting the exemption. Yet if you follow CFIC's recommendations, at least a possible denial of your application will not be the result of any mistakes you made.

Please do not verbally discuss your religious beliefs with school administrators, until you know what's involved in the process. There are many potential pitfalls, and too many things you need to know to ensure success. Please also do not apply for a medical waiver, nor hire an attorney before first consulting with CFIC.

New Form!
New Exemption Form for New York School Districts

School District Procedures for Implementing Requests for Religious Exemption to Immunization.  In order to encourage more consistent implementation of religious exemption requests in school districts throughout the State, SED has collaborated with the Department of Health and statewide educational, health, and labor organizations to develop three documents:
   -  request form  (.doc)   (.pdf)   (.html)
  -  procedures    (.doc)   (.pdf)   (.html)
  -  guidance field memo  (.doc)   (.pdf)   (.html)


NOTE: So called "sincerity testing" in NYS has not been discontinued: This new form was created following a 2005 Board of Regents determination that the first application a parent submits should address the same basic questions about their religious beliefs. Unfortunately, schools still are given wide discretion in following up with more questions, including questioning of parents in formal live depositions or written questionaires. Some school districts take this more restrictive tact. But Coalition For Informed Choice in NYS assists parents with this new affidavit form, as well as with all other tactics that a school may employ to deny you the waiver.

IMMUNIZATION EXEMPTIONS by State (includes current statutes, letters & forms)

New York State

Current Statutes & Laws: http://www.909shot.com/state-site/NewYork.htm
Medical & Religious

Immunization requirements shall not apply to children whose parent, parents, or guardian hold genuine and sincere religious beliefs which are contrary to the practices herein required, and no certificate shall be required as a prerequisite to such children being admitted or received into school or attending school.

PDF documents (.pdf)

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Exemption Letters & Forms...

Birth Exemptions:

For those who are planning a hospital birth but want to evade invasive routine post natal procedures such as a Hep B shot, vitamin K injection, newborn screening, or the application of silver nitrate in the newborn's eyes, a very specific birthing plan must be submitted to the hospital in advance of the birth. Hospital staff must be informed, in advance, of your needs, wants and desires where your baby and birthing experience are concerned. The same applies to midwives.

Religious Exemption from newborn screening allowed.
N.Y. Public Health Law § 2500-a
Appendix A
Public Health Law 2500-a
NYCRR 10, Section 69-1 (02/01/1997)
2500-a Test for phenylketonuria and other diseases and conditions.

(b) The provisions of this section shall not apply in the case of any infant or child whose parent of guardian is a member of a recognized religious organization whose teachings and tenets are contrary to the testing herein required and who notifies the person charged with having such test administered of his objections thereto.

Newborn Screening in New York State
A Guide for Health Professionals
(.pdf) http://www.wadsworth.org/newborn/phyguidelines.pdf

IMPORTANT! Please download this if you're expecting a child or know someone who is!
Refusal of Newborn Screening. Guide Appendices from the Physicians Guidelines. Page 15 of the pdf document is the legal refusal. This proves to the hospital that religious exemption/refusal is allowed for newborn screening in New York State.
Can use with the Model Birth Plan letters.

Appendix A Public Health Law 2500-a, NYCRR 10, Section 69-1 (02/01/1997)
Appendix F
Refusal of Newborn Screening
Sample Form
Page 15 of the pdf document
(.pdf) http://www.wadsworth.org/newborn/guideappendices.pdf

Section 12.3 of New York State Law NYCRR, Title 10, Section 12.3 (Vitamin K prophylaxis)...

From New York Vaccination Decisions.
Restore the patient's right to informed consent

At the end, she gives a couple (expensive) options to try to prevent your child from receiving Vit K:
http://home.att.net/~waterbird/

"It has been shown that New York State Law currently forces medication that subjects healthy newborns to risks of life threatening side effects. New York State Law NYCRR, Title 10, Section 12.3 violates longstanding traditions in medicine and law that protect free citizens from unwarranted and unhealthy intrusion. This law must be repealed, or ammended to explicitly provide parents the right to refuse medical prophylaxis. Article 78 of New York Civil Practice provides a mechanism for temporarily nullifying Section 12.3. It is cumbersome and expensive, but may be the only legal option available to individuals within the courts of New York State. Another option is to sue under in Federal Court by invoking 42 USC 1983.

Parents are justified in their right to refuse medication of their children to protect them from unnecessary harm."
Article 78 of New York Civil Practice

It's unclear whether invoking 42 USC 1983 could apply to the administeration of antibiotic eye drops.
U.S. Code as of: 01/22/02
Section 1983. Civil action for deprivation of rights 

      Every person who, under color of any statute, ordinance,
    regulation, custom, or usage, of any State or Territory or the
    District of Columbia, subjects, or causes to be subjected, any
    citizen of the United States or other person within the
    jurisdiction thereof to the deprivation of any rights, privileges,
    or immunities secured by the Constitution and laws, shall be liable
    to the party injured in an action at law, suit in equity, or other
    proper proceeding for redress, except that in any action brought
    against a judicial officer for an act or omission taken in such
    officer's judicial capacity, injunctive relief shall not be granted
    unless a declaratory decree was violated or declaratory relief was
    unavailable.  For the purposes of this section, any Act of Congress
    applicable exclusively to the District of Columbia shall be
    considered to be a statute of the District of Columbia.
Vitamin K package insert...
(.pdf) http://www.fda.gov/medwatch/SAFETY/2003/03Feb_PI/AquaMEPHYTON_PI.pdf

Read the warning from Merck's pHARMa package insert below...

INJECTION AquaMEPHYTON® (PHYTONADIONE) Aqueous Colloidal Solution of Vitamin K1

WARNING - INTRAVENOUS USE Severe reactions, including fatalities, have occurred during and immediately after the parenteral administration of AquaMEPHYTON® (Phytonadione). Typically these severe reactions have resembled hypersensitivity or anaphylaxis, including shock and cardiac and/or respiratory arrest. Some patients have exhibited these severe reactions on receiving AquaMEPHYTON® for the first time. The majority of these reported events occurred following intravenous administration, even when precautions have been taken to dilute the AquaMEPHYTON® and to avoid rapid infusion. Therefore, the INTRAVENOUS route should be restricted to those situations where another route is not feasible and the increased risk involved is considered justified.

fatalities=death
You should print out the package insert and start showing it to your state's legislature and representatives. This shows them that you are aware of the risks of Vitamin K injection, that they should be too and start taking responsibilty to take the necessary steps to allow exemptions to the Vitamin K mandate.

Alternatives to Vitamin K Prophylaxis....

Although oral vitamin K is not licensed for use as a drug by the FDA, drops for oral administration are available. Typically, one drop contains 2 mg. of vitamin K. Contact a midwife in your area, or a birthing supply company (such as birthwithlove.com), or Scientific Botanicals (206 527-5521) where your health care provider can order liquid vitamin K directly.
Note: Since Vitamin K injection is mandatory in the state New York, check with your hospital, birthing center, or midwife to see if this alternative can be allowed in lieu of the injection.

Here's another much safer alternative that your chiropractor or naturopath can order for you.
http://www.bioticsresearch.com/Products/BioK.htm

A good organic whole food diet along with lots of leafy green vegetables is all that is necessary to prevent vitamin K deficiency in newborns.

Sample Vaccine Letters

Most states now require the Hepatitis B vaccine for newborns. Many parents are also cornered by emergency room personnel during accident visits. Hospitals nationally are under pressure to utilize every opportunity to score a "hit." If your pediatrician understands your views, get him involved with the hospital. As a last resort, protect your right to receive quality care in the following manner. (Usually, you'll never find anybody in the hospital to sign this simple form):

"I certify that the (Name of Vaccine)________ vaccine being administered to (Name of Child)_________ is free from all known and yet unknown zoonotic or human viruses or viral fragments and will not cause acute or chronic illness in the recipient due to viral contamination or as a reaction to the components of this vaccine. (Signature of Physician and Date)_________."

If you do get a signature, hold on to the form.

From New York Vaccination Decisions...

"Well, look at this. I just found this letter to hospital administrators from the Immunization Program on the NYS Dept of Health website while actually searching for something else."

http://www.health.state.ny.us/diseases/communicable/hepatitis/birthhospital.htm

"Scroll down to the paragraph that actually admits: "Your policy must clearly state that hepatitis B vaccine is to be offered to all newborns. As with all childhood immunizations, medical and religious exemptions are recognized in our state, and because the administration of hepatitis B vaccine at birth is recommended, but not mandated by state law, some parents may choose to defer immunization until a later time."

"...hepatitis B vaccine at birth is recommended, but not mandated by state law..." There it is in black & white. Gotta love it."

(Links to model birth plan letter and acceptance of responsibility)
Acceptance of Responsibility. http://www.vaclib.org/legal/accept1.htm

Model Birth Plan Letter for Hospital Births. You can attach an exemption from immunizations. In some states, there are religious exemptions from newborn screening tests such as PKU, etc...

(.doc) Model Letter for Hospital Births (Model11425.doc)

Model Birth Plan Letter for Hospital Births. This one is more detailed. You can attach an exemption from immunizations. In some states, there are religious exemptions from newborn screening tests such as PKU, etc...

(.doc) Model letter for hospital births 2.doc (11426)

Model Birth Plan Letter for Hospital Births for an adopted child...
Model letter for hospital births for adoptions -- Dear Doctor and Medical Staff.doc (11427)

(.doc) VaccineTruth.net/letters/Model letter for hospital births for adoptions.doc

The above documents can also be made available in WordPerfect (.wpd) format.
Please Contact us if you want the model birth plan letters in WordPerfect.

Or you can do your own model birth plan letter online...
Hospital Birth Preference Plan ~ Birth Naturally, LLC
http://www.birthnaturally.org/GentleBirth/hospitalplan.htm
The birth plan arrangements and letter should be turned in before delievery date.


"Refusal to Permit Medical Treatment" form
Refusal to Permit Medical Treatment. A generic form.
(.pdf) http://www.scpie.com/riskmgmt/forms/refusal_treatment.pdf

For New York, it would be good idea to use with above affidavit AND model birth plan letter. We hope someone uses this affidavit, model birth plan letter and refusal form, and is successful. We want to hear about it if someone is successful with this. The ACCEPTANCE OF RESPONSIBILITY is imperative in exercising your rights for legal exemptions.

Please note that New York state is a HARD state to get ANY exemptions although religious exemptions on some mandates are allowed. New York is notorious for calling in Child Protective Services, for those who want to exercise their basic fundamental right to decide what will and what will not be injected into their children. You will more than likely have to have legal representation if you want to avoid this mass medical experimentation and Public Health assault on your childrens' bodies. DO be prepared to fight for your baby's rights!

Recap and checklist on what is needed for birth exemptions in New York.
ϑ  1.  Model Birth Plan (Model Birth Plan Letters).
ϑ  2.  ACCEPTANCE OF RESPONSIBILITY Form.
ϑ  3.  An AFFIDAVIT or letter (See Gary Krasner below...)
ϑ  4.  "Refusal to Permit Medical Treatment" form (Optional)
ϑ  5.  Vitamin K Package Insert by Merck printed out.  Also need, is the alternative natural Vitamin K.
ϑ  6.  Page 15 of the Refusal of Newborn Screening Guide Appendices from the Physicians Guidelines.
ϑ  7.  Copies of every Public Health Law to back up your claim.
ϑ  8.  A copy of 42 USC 1983 for legal documentation to refuse Vitamin K.
ϑ  9.  Competent counsel or preferably help from Gary Krasner (see below for contact information).
ϑ 10. Consider home birth with a midwife, if at all possible. Only if you're not exepecting complications.
These need to be ready and in place at least three months beforehand.

For help with New York exemptions, contact:
Gary Krasner, Director, Coalition For Informed Choice.
188-34 87th Drive, #4B,
Hollis, NY 11423
Fax / Phone: 718-479-2939
comprehensive counseling and guidance for obtaining the religious waiver, only for NY state.
email page: click here: (vaclib.org+CFIC) for comprehensive information

Birth Certificate and Marriage License Opt-Out:

Did you know that you can REFUSE to sign the hospital birth certificates and that there is no law that requires you to do so?
See: Marriage Licenses, Birth Certificates & #SSNs

Postnatal - 2 months (first "well baby" visit):

If you do take your new baby to an MD as opposed to a naturopath and/or chiropractor, please be aware and careful of any forms you sign.

We're referring to those "Refusal To Vaccinate" forms put out by the American Academy of Pediatrics. Go to this page below and find out why signing this form is very dangerous. We all know about these forms and how they can be used to undermine parental rights...
http://www.vaclib.org/legal/donotsign.htm

"By endorsing this particular waiver, parents would essentially be signing an admittance of neglect and or "abuse" for refusing vaccines. The language contained in this waiver could put parents and caregivers in jeopardy down-the-line if they should ever find themselves in the courts due to their child's health problems, when confronted with child protective services, divorce, or just about any matter pertaining to that child that could be used against the parent(s).

Please read any waiver provided by your child's doctor carefully before signing. Instead, offer a formally written and signed letter that simply says that you do not wish to vaccinate your child. If you are unsure of the language in the waiver, buy some time by telling your doctor that you need to consult with a lawyer before signing it. "

Anai Rhoads Ford
Human Rights Journalist
Why Signing a Waiver to Avoid Vaccines Can Be Considered Abuse by Anai Rhoads Ford, released 15 November 2005.
http://www.anairhoads.org/

Media Contact (703) 491-1903
State Form Required:  No.
However, as of March 6, 2006, new procedures are in place from THE STATE EDUCATION DEPARTMENT for Implementing Requests for Religious Exemption to Immunization.
http://emsc33.nysed.gov/sss/HealthServices/

Daycare & Preschools:

click here: (vaclib.org+CFIC) for comprehensive information

Schools:

click here: (vaclib.org+CFIC) for comprehensive information

Colleges and Universities:

The following text is intended solely to provide parents and students with a general idea of some themes that have been used in religious exemption letters. It does not constitute all the religious-based rationales one can successfully use, nor does it provide a parent with rationales best suited for that person's professed religious affiliation. There are also several conditions and circumstances that may pose a problem for a parent, which are not addressed here, such as a child who had been previously vaccinated, or rebuttal questions that may be asked, or instructions to prepare parents to negotiate with the school with respect to other demands that may be made. CFIC prepares parents for all of these possibilities..

click here: (vaclib.org+CFIC) for comprehensive information

These constitute good reasons to give, when a school or college asks for your religious reason on a form that says, state your reason here, attach rationale, require you to be an adherant/member of a religious domination, or state why a particular vaccination is contrary to your religious beliefs, etc...

Often you will be requested to state your rationale for your vaccination exemption petition. What follows is what is used for public schools, parochial schools, private colleges, and public universities.

Q: What constitutes a religious conflict with vaccination?

A: All vaccines are made in violation of God’s Word. Vaccines are made with toxic chemicals that are injected into the bloodstream by vaccination. All vaccines are made with foreign proteins (viruses and bacteria), and some vaccines are made with genetically engineered viral and bacterial materials.

A conflict arises if you believe that man is made in God’s image and the injection of toxic chemicals and foreign proteins into the bloodstream is a violation of God’s directive to keep the body/temple holy and free from impurities.

Vaccines are produced in animal tissues. A conflict arises if you accept God’s warning not to mix the blood of man with the blood of animals. Some vaccines are produced in aborted fetal tissue.

A conflict arises if your religious convictions are predicated on the belief that all life is sacred. God’s commandment “Thou Shall Not Kill” applies to the practice of abortion. When it is believed that the practice of abortion should not be encouraged or supported in any manner, a conflict may arise with vaccines produced in aborted fetal tissue even though you didn’t have anything to do with the abortions from which the vaccines are made from.

The Hepatitis-A vaccine containing MRC-5 is obtained from human babies that were electively aborted. WI-38 was created from the tissue of an aborted fetus and is used for the rubella portion of the MMR-II vaccine. RA 273 was created from the tissue of an aborted fetus, and is used for MMR-II vaccine. A conflict arises because my religious convictions are predicated on the belief that all life is sacred. God's commandment "Thou Shall Not Kill" applies to the practice of abortion. The acceptance of this/these vaccine(s) promotes/promote abortion and violates the Sixth Commandment of "Thou Shall Not Kill".

The Chickenpox (Varivax) vaccine containing MRC-5 and RA 273, is obtained from human babies that were electively aborted. The acceptance of this vaccine promotes abortion and violates the Sixth Commandment of "Thou Shall Not Kill".

The Hepatitis-B vaccine susposedly protects against a disease that is only transmitted through multiple sexual partners or street IV drug users. The acceptance of this vaccine promotes sexual promiscuity and immoral behavior in direct contradiction to the teachings of my faith.

For a child under age 18, where parent has to make the statement, concerning Hep B vaccine...
The Hepatitis-B vaccine susposedly protects against a disease that is only transmitted through multiple sexual partners or street IV drug users and therefore usurps my parental authority to condemn such activity in my child. The acceptance of this vaccine promotes sexual promiscuity and immoral behavior in direct contradiction to the teachings of our faith.

”I believe that inherent in each individual is an innate intelligence, provided by God, which will protect the host environment and provide homeostasis.” “Life and physical health are precious gifts entrusted to us by God. We must take reasonable care of them…” [2288 – Catechism of the Catholic Church 1994]

“The virtue of temperance disposes us to avoid every kind of excess: the abuse of … medicine.” [2290 – Catechism of the Catholic Church 1994]

(Indicate rationale and attach statement from clergy or other authority.)
You do not need to belong to a church or religious organization to claim religious exemption from vaccines.

Applicable law has been interpreted to mean that a religious belief is subject to protection even though no religious group espouses such beliefs or the fact that the religious group to which the individual professes to belong may not advocate or require such belief. Title VII of the Civil Rights Act of 1964 as amended Nov. 1, 1980; Part 1605.1-Guidelines on Discrimination Because of Religion.

Our legal rights are guaranteed by the free exercise clause of the First Amendment to the U.S. Constitution. States can only go against this if they can prove a compelling state interest is at stake. But recent court decisions have upheld the rights of individuals seeking exemptions from immunizations based upon "personal" religious beliefs. [Sherr and Levy vs. Northport East-Northport Union Free School District, 672 F. Supp. 81, (E.D.N.Y., 1987); Allanson vs. Clinton Central School District, U.S.. District Court, Northern District Court, Northern District of New York (84 CV 174), 1984; Campain vs. Marlboro Central School District, Supreme Court Ulster County Special Term, November 15, 1985; Brown vs. City School District, 429 NYS2d 355; Maier vs. Besser, 73 Misc.2d 241].

On the U.S. Supreme Court level in Frazee v. Illinois Dept. of Security, 489 U.S. 829, 1989, it was found that a state may not deny an exemption simply because a person is not a member of a formal religious organization. In addition, the Supreme Court has noted that nontraditional beliefs, including secular humanism, atheism, and nontheistic faiths, are all "religion" for the purpose of free exercise analysis. The Supreme Court in Fowler v. Rhode Island, 345 U.S. 67 (1953) held that it was "no business of the courts to say what is a religious practice or activity for one group is not religion under the protection of the First Amendment."

Regarding New York, Public Health Law, Section 2164/5(9) had to be amended in 1989 to comply with Judge Leonard Wexler’s 1987 ruling in U.S. District Court (Levy v. Northport-East Northport Union Free School District, et.al. CV87-3116/CV87-3197). The ruling had declared the prior clause in the Public Health Code to be unconstitutional, as it restricted religious exemptions from vaccination solely and exclusively to “bona fide members of a recognized religious organization”. The law was extended to college students in 1991.
(.doc) http://nyvic.org/nyvic/law/wexler/wexler.doc
Fact: Courts have repeatedly held that children can be exempted because of sincerely held personal (ie. non-organized) religious beliefs and that it is unconstitutional for State Legislatures and Health Departments to limit religious exemption to organized religions ((1) Sherr and Levy -v.- Northport-East Northport Union Free School District, 672 F. Supp. 81, (E.D.N.Y. 1987); (2) Allanson -v.- Clinton Central School District, No. CV 84-174, 5, (N.D.N.Y. May 10, 1984). (3) Mason -v.- General Brown Central School district, 86-CV-209 (N.D.N.Y)).

Employment:

Some of the sites that contain these downloadable could contain advice that is problematic. First, they link to forms that have the signitore stipulating to things that are not true (ie - being a risk to transmitting or transferring hep B etc). Second, they yield thousands of weblinks that may not be providing good advice.

OSHA & Hep B
OSHA allows an exemption to recommendations for Hepatitis B vaccine for workers exposed to blood.
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DIRECTIVES&p_id=2570#XIII

7. Hepatitis B Vaccination - Paragraph (f)(2). The Compliance Officer should determine whether or not all occupationally exposed employees have had the hepatitis B vaccination series made available to them after the training required by paragraph (g)(2)(vii)(I) and within 10 working days of their initial assignment. The term "made available" includes the healthcare professional's evaluation and arranging for the administration of the first dose of the hepatitis B vaccination series to begin within the 10 days. This includes all employees with occupational exposure, regardless of how often the exposure may occur. Part-time and temporary employees are included in this coverage. The vaccine does not have to be made available if the employer documents the exemption(s) set forth in paragraph (f)(2). It does not have to be administered if the employer can produce the signature of the employee on the mandatory declination form (See Appendix A of 29 CFR 1910.1030.)

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_id=10052&p_table=STANDARDS
Regulations (Standards - 29 CFR)
Hepatitis B Vaccine Declination (Mandatory) - 1910.1030 App
[required language of declination form,
NOTE OUR ADDITION OF THE WORDS "it is alleged that", which we have added for your protection to prevent the admission of non-existent guilt for refusing an "immunization".]

"I understand that due to my occupational exposure to blood or other potentially infectious materials I may be at risk of acquiring hepatitis B virus (HBV) infection. I have been given the opportunity to be vaccinated with hepatitis B vaccine, at no charge to myself. However, I decline hepatitis B vaccination at this time. I understand that by declining this vaccine, it is alleged that I continue to be at risk of acquiring hepatitis B, a serious disease. If in the future I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with hepatitis B vaccine, I can receive the vaccination series at no charge to me."

If you want the above language so that you can simply print the page:
OSHAexemption.doc MS-DOC which can be modified and printed
OSHAexemption.pdf Adobe PDF file for printing.

Or you can edit the documents below to reflect the changes shown above.

THE NEW YORK CITY DEPARTMENT OF EDUCATION
HEPATITIS B VACCINATION DECLINATION FORM. OSHA Form.
(.pdf) http://schools.nyc.gov/offices/dhr/resources/doc/osh/bbpdeclination%20form%202002.pdf
(.doc) HEPATITISBVACCINATIONDECLINATIONFORM.doc

Most of these are the Hepatitis B vaccine declination forms, such as the OSHA form. There are hundreds of these forms. Rather than linking to each one, here are the Google Search results for these keywords. There are other vaccines that one can decline that are worded like the OSHA forms.

Vaccine Declination Form
or
Hep B vaccine waiver

TB Test:

Note from Gary Krasner:
"TB testing. I supply the same info, BUT I make sure parents do not cite it with respect to their exemption application. because it would tend to negate religious sincerity. Instead, I provide them with the following argument, should the issue come up (which it almost never does):"

NYC Board of Education, Regulation of the Chancellor, Number A-710 (note that affiliation in a church is no longer required):

————————————————————————————————————————————
2.2 RELIGIOUS:

The NYC Health Code exempts from tuberculosis examination children whose parent/guardian objects to the administration of a tuberculosis examination due to bona fide membership in a specified religious organization whose teachings are contrary to tuberculosis examination or sincerely held religious beliefs which prohibit the administration of a tuberculosis examination upon his/her child. If the statement is made orally, notation, which includes the name of parent/guardian and date on which request was made, must be recorded on the child’s Cumulative Health Record, form 104S.

However, the appropriate official may require supporting documents or statements from the parent/guardian, or make an inquiry as to the basis of the religious beliefs, the bona-fide membership of the organization or the teachings of the specified religious organization. The exemption may be denied If, for example, it is determined that the opposition to tuberculin screening is based on philosophical rather than religious considerations. Questions concerning religions exemptions may be brought to the Office of Legal Services.
————————————————————————————————————————————
Tuberculosis (N.Y. Public Health Law § 2202; N.Y. County Law § 385 et seq.)
See entire text here (Web Archive PDF File)

Columbia University (only recommended, not a requirement)
Tuberculosis Skin Test (PPD): Recommended for persons who have resided in an area of the world where there is a high incidence of tuberculosis (TB). (Please note: Some programs in Social Work and at Teachers College may require a tuberculosis skin test before placement. Please check with your school).

Mandatory for LEHMAN COLLEGE THE CITY UNIVERSITY OF NEW YORK DEPARTMENT OF NURSING
PPD – If PPD positive, physician follow-up and chest x-ray required.

Fordham University
TB Test PPD (Mantoux) required.

SUNY Delhi
TB Test PPD (Mantoux) REQUIRED WITHIN THE LAST 12 MONTHS

Immunization Handbook for NYS Post-secondary Institutions
SECTION I - Glossary

20. Mantoux Test - A screening test for tuberculosis. This is not required by state law for college admission, but the results of this test may appear on a submitted health form. This is the only reliable method for testing tuberculosis infection. (See definition #42, Tine Test.)

42. Tine Test - This test is NOT required of post-secondary students by New York State Public Health Law, but the results of the test may be noted on submitted health records. If the Tine test is used, it must be confirmed by the Mantoux method since the Tine test can have false negative results. (See definition #20, Mantoux.)

http://www.health.state.ny.us/nysdoh/immun/handbook/postsec1.htm

TB Testing Exemption Letter:

These sample letters are intended to be used as a negotiation tool with employers who require employees to be tested for TB. They have not been shown to work with school bureaucrats in NY State who's sole function is to carry out administrative codes. Fortunately, successfully obtaining a religious waiver from vaccination will apply towards any TB tests that employ the injection of attentuated tubercule baccillus.

HTML
Sample Exemption Letter for TB testing. May be modified to your use. http://www.vaclib.org/letters/TBwaiverGen.htm
Microsoft Word Document (.doc)
Sample Exemption Letter for TB testing. May be modified to your use. http://www.vaclib.org/letters/TBwaiverGen.doc

TB Testing Exemption Letter for Adults:
Microsoft Word Document (.doc)
Sample Exemption Letter for TB testing. May be modified to your use. http://www.vaclib.org/letters/TBTestingWaiverAdult.doc
WordPerfect Document (.wpd)
Sample Exemption Letter for TB testing. May be modified to your use. http://www.vaclib.org/letters/TBTestingWaiverAdult.wpd
PDF document (.pdf)
Sample Exemption Letter for TB testing. http://www.vaclib.org/letters/TBTestingWaiverAdult.pdf
Extra link from Dr. Sheri Tenpenny's webpage:
(.pdf) http://www.nmaseminars.com/files/Exemption_for_TB_testing_1_.pdf

Lead Testing Exemption Letter:
HTML
Sample Exemption Letter for Lead testing. May be modified to your use. http://www.vaclib.org/letters/Lead_testing_waiverGen.htm
Microsoft Word Document (.doc)
Sample Exemption Letter for Lead testing. May be modified to your use. http://www.vaclib.org/letters/Lead_testing_waiverGen.doc
The above TB and Lead exemption letters courtesy of Deirdre DeVane of Wash DC. Thank you Deirdre!
The adult TB letters were edited by Sherri Tenpenny. Thank you Sherri!
TB Testing Alternatives...

TB can be detected by biofeedback machines that are hooked up to a computer, such as the QXCI, Best BioMeridian MSAS (Meridian Stress Assessment) or Electro Dermal Screening, Quantum Life System, and the F-Scan. You will need to ask specifically for a pathogen scan, especially TB. You will also need to request a printout with the results.

Here are some of the practitioners for New York

New York BEST™ BioMeridian Practitioners:

Cactus Flower Wellness Center
David Rupley Jr
5813 N. Oracle Road
Tucson, AZ 85704
(520) 293-3751
http://www.cactusflowerwc.com
Homeopathy and Meridian Stress Assessment
"CONSULTATIONS ARE ALWAYS AT NO CHARGE"

The Enlightened Health Institute
Energy Integration, LLC
14354 N. Frank Lloyd Wright Blvd, Suite 16
Scottsdale, AZ 85260
480-477-5242
480-477-5243 (fax)
http://nrizzoroberts.home.att.net
nrizzoroberts@worldnet.att.net
BioMeridian's MSA-21 is a highly advanced galvanic skin response testing device used for meridian stress assessment.

Desert Mountain Health Center
Dr. Martha Bergner, D.C.
3816 East Fifth Street
Tucson, Arizona 85716
Phone: (520) 296-5899
Toll Free: 877-296-5891
http://www.desertmountainhealth.com
E-mail: drmartha@desertmountainhealth.com

Valley Integrative Physicians
Dr. Bruce H. Shelton, M.D. MD (h) DiHom
14231 North 7th Street
Suite A-2
Phoenix, AZ 85022
Phone: 602-504-1000
Fax: 602-504-1008
http://www.drbruceshelton.com/
E-mail: jaclyn@drbruceshelton.com

Scottsdale Hyperbaric Medicine P.L.L.C.
Dr. William Tikey: (480) 951-1248
Dr. Brandy Pierce: (480) 556-8404
14605 N. 73rd St.
Scottsdale, AZ 85260
(480) 556-8404 or (480) 556-8409
Fax: (480) 951-4487
Cellular: (602) 790-7003
http://www.scottsdalehyperbaric.com
Email: azhyperbaric@aol.com

Please call contact below to find additional BioMeridian practitioners in your area or closeby.

Oksana Gorodetsky
Marketing/Administrative Coordinator
BioMeridian International
12411 South 265 West, Suite F
Draper, UT 84020
T 801-501-7517
F 801-501-7518
Toll Free 888-224-2337
ogorodetsky@biomeridian.com

New York QXCI Practitioners:

http://www.theqxci.com/information.php
.
And here...

Lightening Research
Judy Denzler, CNC
Mobile service available to Scottsdale and surrounding areas
EPFX / QXCI Practitioner Specializing in nutrition, weight loss, injury and recovery, stress relief, and depression.
928-474-5680
480-216-9449 (cell)
sunresearch@cybertrails.com

For information on purchase or lease of the new Quantum Life BioFeedback L.I.F.E. System, please email Donna and leave your name, mailing address, phone number and email. If you're inquiring for another interested individual or practitioner, please leave their information. The company will then send information and contact the interested parties.
Or you may call 1-888-249-1421.

Dental Plan

Vaccination Liberation - Idaho Chapter
Contact: Vaccination Liberation

"Free Your Mind....From The Vaccine Paradigm"
www.vaclib.org

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