Idaho Legislation and IDAPA Rulemaking (2010 - 2016)
The 2016 Legislative Session begins January 11. We need support for our bill that Representative Heather Scott has submitted
and is currently in DRAFT form. Please go to VaccineTruth.info
and submit your testimony. It is easy to do - will take about three minutes.
If you live near Boise and are willing to testify in support of this bill (or against a bill restricting our rights),
please send an email to firstname.lastname@example.org
so you can be added to the list. It is VITALLY important that we have as many people as possible appearing at hearings.
In September 2015 Representative Scott sent a series of questions to the Idaho Attorney General. The first answers received are here (9-9-15-IdahoAGOpinion.pdf). In response to several questions that were not clearly
Representative Scott sent out a series of follow up questions. The answers to these questions are here (10-14-2015-IdahoAGResponse.pdf).
Please note the answers to questions 3 and 4. If you are having trouble with your school accepting an exemption letter versus filling out
an IDHW exemption form, feel free to download this Idaho AG response and share it with your school.
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
Email Correspondence from Ingri Cassel to Mitch Scoggin, Idaho's Immunization Program Director - Nov/Dec 2014 (PDF 60KB)
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.
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;
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
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.”
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. [Never has been addressed]
For reference, see Idaho's Administrative Rule 16.02.15 Immunization
Requirements for Idaho School Children.
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 general "Immunization" information
for yourself here
Exemption Forms. Links are from
Idaho Certificate of Immunization Exemption (School) –
Idaho Certificate of Immunization Exemption (Childcare) –
If you can't find Idaho's Immunization Exemption form at the links provided above, an archived form
The state provided
forms, which are not required by law, were developed by the CDC and AAP
and are self-incriminating. By filling one 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.
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
Here is a letter (.doc) that you can use that will meet the requirements of law without the self-incriminating language of the state provided forms.
March 11th, 2011 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:
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
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
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.
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
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
the requirements for school have increased to include 2 varicella, 2
hepatitis A and an additional polio vaccine.
the varicella and hep A vaccines are cultured on cell lines
originating from aborted fetuses.
please, please contact
your legislators weekly with real education regarding vaccine
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
If you have further questions, please do not
hesitate to contact us.
In the Spirit of Truth,