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Idaho Legislation and IDAPA Rulemaking (2010 - 2015)
Email Correspondence from Ingri Cassel to Mitch Scoggin, Idaho's Immunization Program Director - Nov/Dec 2014 (PDF 60KB)
Idaho's template for a Vaccination Notice (51KB DOC file)
Schools are falsely telling parents seeking vaccine exemptions that they must fill out and sign a state prescribed form that is “incriminating” based on IDAPA 16.02.15, an Administrative Rule in conflict with Idaho law. See Administrative Rule 16.02.15 Immunization Requirements for Idaho School Children (page 6)
We are encouraging parents to staple the state's form with a big "X" across the front and the back to your own statement citing I.C. 39-4802 and I.C. 39-4804 and handing this to the school clerk for your child's files. If their is a problem, make sure you contact your school's superintendent. If that is a problem, then contact your local legislator. Superintendents and legislators are very clear that Idaho statute trumps Idaho's administrative rules.
It is very important that you do what you can to NOT fill out the state form. By filling out the form as is, Health and Welfare can go to the legislature in 2012 and claim that there is no problem requiring a state form since all the parents are doing it so they will have an easier opportunity to change our exemption statute, which is the goal of I.C. 39-4805 Idaho's Immunization Policy Commission.
Idaho Code 39-4804 clearly states the following:
(1) Before an immunization is administered to any child in this state, the parent or guardian of the child shall be notified that:
(a) Immunizations are not mandatory and may be refused on religious or other grounds;
(b) Participation in the immunization registry is voluntary;
(c) The parent or guardian is entitled to an accurate explanation of the complications known to follow such immunization.
However, this law has no "teeth" and has never been enforced. In order to claim a legal exemption to required vaccines for school, Idaho Code 39-4802 states, “Any minor child whose parent or guardian has submitted a signed statement to school officials stating their objections on religious or other grounds shall be exempt from the provisions of this chapter.” See http://legislature.idaho.gov/idstat/Title39/T39CH48.htm
After the close of the 2011 legislative session, an Administrative Rule was added compelling Idahoans who claim an exemption to "required" vaccines for school/daycare to fill out a state-prescribed form. According to two legislators, the governor's office and the Idaho AG, this new administrative rule has the full force and effect of Idaho statute until the legislative session meets again in 2012. Although most of us believe that only Idaho statute has the full force of LAW, administrative agencies such as Health and Welfare have gained much power and must be dealt with during the 2012 legislative session. For reference, see Idaho's Administrative Rule 16.02.15 Immunization
Requirements for Idaho School Children.
If you have children or grandchildren in school or daycare, please take five minutes to notify your county's superintendent and school board that a notice recently sent to parents regarding vaccine exemption requirements is WRONG. The notice tells parents that in order to qualify for an exemption to vaccine requirements, the parent or legal guardian must fill out a state-approved form. You can read the form for yourself here -
This form, which is not required by law, was developed by the CDC and AAP and is self-incriminating. By filling it out the way they want you to, you are admitting to child neglect and it "could" be used as evidence to have your child removed from your care by the state if your child contracts a "vaccine-preventable" disease for which you have exempted the vaccine.
There is nothing in Idaho statutes that has changed regarding satisfying the vaccine exemption requirement in Idaho – therefore the form being pushed by Idaho's health departments and school districts is not required.
See http://legislature.idaho.gov/idstat/Title39/T39CH48SECT39-4804.htm and http://legislature.idaho.gov/idstat/Title39/T39CH48SECT39-4802.htm
On March 11th, I talked to former Representative Bill Sali who spent much time minimizing the damage of the three vaccine bills that passed in 2010. He proposed (and it passed) that I.C. 39-4804 be changed to have more emphasis on exemption rights with the following added clause among other important changes:
I.C. 39-4804 3.(c) The decision of the parent or guardian to refuse immunizations on other grounds shall not be used in any manner against the interests of the parent or guardian in any administrative, civil or criminal action.
The problem is that this phrase does not completely nullify the legal power of signing such a form so we will be proposing an additional amendment to this clause which will be "including actions by CPS to investigate and take a non-vaccinated child into custody for contracting a vaccine-preventable disease" or similar clause that has the same power.
In the meantime, we strongly encourage parents to use a notarized statement similar to the one we have posted here-
(Our exemption form was updated in 10/2011).
Since this false information requiring a state form is being sent to all schools and daycares, it would be great if you could contact your state representative and senator also regarding the false information being pushed through Idaho's Administrative Rule 16.02.15 Immunization Requirements for Idaho School Children.
You may consider stapling their form with a big "X" across the front and the back to your own statement citing I.C. 39-4802 and I.C. 39-4804 and handing this to the school clerk for your child's files.
Also, please read the following article for background on what exactly happened in 2010 Idaho legislative session and the response I received from the Idaho Attorney General office regarding my question: "Where in our state Constitution does it empower the state to form a commission whose express purpose is the promotion of a corporation's product, and also form an insurance assessment board for forcing insurance companies to purchase large lots of the corporation's products to target a specific age group of Idaho's citizens even if the product is promoted as a wonder drug, cancer cure, or essential to life?"
FYI, the requirements for school have increased to include 2 varicella, 2 hepatitis A and an additional polio vaccine.
Both the varicella and hep A vaccines are cultured on cell lines originating from aborted fetuses. http://www.cogforlife.org/vaccineList.pdf
Please, please, please contact your legislators weekly with real education regarding vaccine dangers. Go to http://legislature.idaho.gov/about/12districtmap.pdf to find your legislators. What former Representative Bill Sali and many other senators and representatives have told me is that there is rampant ignorance regarding vaccine risks. Now is the perfect time to contact your own state representative and senator. Introduce your family and explain why your rights to delay or decline vaccination is so important to your family. This summer, be on the lookout for suggested educational topics to bring to your elected officials so we can be in a better place next legislative session. As many are discovering, educating our representatives is essential to future legislation from our side succeeding.
If you have further questions, please do not hesitate to contact us.
In the Spirit of Truth,
Ingri Cassel, director
Additional vaccines added to requirements for admission to Idaho schools and daycares |
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Idaho Department of Health and Welfare (IDHW)'s proposed changes to rules governing immunization requirements 01_26_2005
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