URLs for Religious Exemption in the Day Care setting.


This page was created in October 2008 and confirms that some provision for a Religious Exemption to vaccination in the DayCare setting exists in 48 states and DC.

Who can sign medical exemptions in various states

Note: some states provide for a religious exemption by state Statute law; others by administrative rules.  Some states that provide in law for a religious exemption may not "advertise" this fact.  .

Disclaimer: Remember that laws change. My discrimination between Administrate Rules and Statute Law may not be correct in every case. Double check before making any legal decisions in this area.

See the URLs below with a few notes.


Good source for day-care legal info http://www.daycare.com/states.html

Most of the URLs below resolve to NVIC's fine web guide, including a map, to which states have Medical, Religious and Philosophical exemptions to vaccinations: http://www.nvic.org/Vaccine-Laws/state-vaccine-requirements.aspx

Another good source for law, rules and regulations regarding Child Care/Day Care:
National Resource Center for Health and Safety in Child Care and Early Education
http://nrckids.org/STATES/states.htm

This CDC document has tables of vaccine law summaries:
www.cdc.gov/vaccines/vac-gen/laws/downloads/izlaws05-06.pdf
Vaccination Laws - State Immunization Requirements


Need assistance with exemptions for school or birth plan letters for your hospital? VacLib Exemption Page - Click on your state

We created a document with a excerpt of the state law and/or administrative rules regarding exemptions in day care. Use for a quick guide. This document was created December 27, 2010. Remember laws and regulations do change occasionally.
ReligiousExemptionLaws.pdf [224 KB]


StateWeb Link (URL)Religious
Exemption
Available
Legal Authority
Last updated August 31, 2010
[AK]URL YesAdministrative Code 7 AAC 57.550 Health
Notes:
[AL]URLYes Administrative Code r. 420-6-1-.03 4(b)(3) Immunizations
Notes: Religious exemption form (ADPH-F-IMM-52)
[AR]URLYes Statute Arkansas Code Section 6-18-702(d) (4)
Notes: (A.R.) 602 - Child Records SECTION 3. Arkansas Code Section 20-78-206(a)(2)(B), concerning exemptions from immunization in child care facilities:
[AZ]URLYes Statute Title 36. Ch. 7.1. Article 1 A.R.S. § 36-883 See also A.A.C. § R9-6-706 (2006)
Notes:
[CA]URLYes StatuteTitle 2. Division 4. Part 27. Ch. 2, Article 2., also Cal Health & Saf Code § 120365
Notes: HEALTH AND SAFETY CODE SECTION 120325. 11 (c) and 120365. See also California Code of Regulations, Title 17 CCR 6025 (2006)§ 6025. Unconditional Admission See also: http://www.leginfo.ca.gov/calaw.html
[CO]URLYes Statute C.R.S. 25-4-903. Exemptions from immunization
Notes:
[CT]URLYes Conn. Gen. Stat. § 19a-79 (a) (1) (2006)
Notes: See also: http://www.daycare.com/connecticut/state15.html (records)
[DC]URL Yes Statute D.C. Code § 38-506 Exemption from certification.
Notes:
[DE]URLYes Admin. Code Title 14. 800. 5.1 & 14 Del.C. §131
Notes:
[FL]URL or NVIC Yes Fla. Stat. § 1003.22 (5)
Notes: See also: http://www.nvic.org/Vaccine-Laws/state-vaccine-requirements/florida.aspx Fl. Admin Code § 65C-22.006 (2007)
402.305 (9)(c)exempt from med exams/medical treatments
(b) Because of the nature and duration of drop-in child care, requirements for preadmission and periodic health examinations and requirements for medically signed records of immunization required for child care facilities shall not apply. A parent of a child in drop-in child care shall, however, be required to attest to the child's health condition and the type and current status of the child's immunizations.
(c) Any child shall be exempt from medical or physical examination or medical or surgical treatment upon written request of the parent or guardian of such child who objects to the examination and treatment. However, the laws, rules, and regulations relating to contagious or communicable diseases and sanitary matters shall not be violated because of any exemption from or variation of the health and immunization minimum standards.
[GA]URLYes Statute O.C.G.A. § 20-2-771 (c), & (e)
Notes:
[HI]URLYes Statute [HRS § 302A-1156]. Exemptions
Notes:
[IA]URLYes Statute 139A.8.4 Immunization of children.
Notes:
[ID] URLYes Statute Idaho Code 39-1118
Notes:
[IL]URL YesStatute 225 ILCS 10/7 (h):
Notes: Exempt to immunizations/phy exams/ medical treatment REGULATION, CHAPTER 225. PROFESSIONS AND OCCUPATIONS
225 ILCS 10/: CHILD CARE ACT OF 1969

Sec. 27-8.1. Health examinations and immunizations.
(7) Upon determining that the number of pupils who are required to be in compliance with subsection (5) of this Section is below 90% of the number of pupils enrolled in the school district, 10% of each State aid payment made pursuant to Section 18-8 [105 ILCS 5/18-8] to the school district for such year shall be withheld by the regional superintendent until the number of students in compliance with subsection (5) is the applicable specified percentage or higher.
[IN]URLYesStatute IC 12-17.2-3.5-11.1 (2007)
Notes:
[KS]URLYesStatute K.S.A. § 65-508 (2006)
Notes:
[KY]URLYesStatute KRS § 214.036 (2007)
Notes:
[LA]URLYesStatute La. R.S. 17:170 (2006) E.
Notes:
[Maine]URLYesRules 10-148 CMR Chapter 32 A. 3.
Notes: Rules for the Licensing of Child Care Facilities
[MD]URLYesStatute Code 13A.14.02.44(3)(d)
Notes:
[Mass]URLYesRegulations 102 CMR 7.09: (5) (a) 6.
Notes:
[MI]URLYesMICH. ADMIN. CODE R. 325.176 (2007)
Notes:
[MN]URLYesStatute Minn. Stat. § 121A.15 (2007)Subdivision. 3.
Notes:
[MO]URLYesStatute Title 12. § 210.003- 2.(2)(b) R.S.Mo. (2006)
Notes:
[MS]URLNOStatute Miss. Code Ann. § 41-23-37 (2007)
Notes:
[MT]URLNO (except Hib)ARM 37.95.140 IMMUNIZATION(13)
Notes:
[NC]URLYesStatute N.C. Gen. Stat. § 130A-157 (2006)
Notes: North Carolina religious exemption law.
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_130A/GS_130A-157.html
§ 130A-157. Religious exemption.
If the bona fide religious beliefs of an adult or the parent, guardian or person in loco parentis of a child are contrary to the immunization requirements contained in this Chapter, the adult or the child shall be exempt from the requirements. Upon submission of a written statement of the bona fide religious beliefs and opposition to the immunization requirements, the person may attend the college, university, school or facility without presenting a certificate of immunization. (1957, c. 1357, s. 1; 1959, c. 177; 1965, c. 652; 1971, c. 191; 1979, c. 56, s. 1; 1983, c. 891, s. 2; 1985, c. 692, s. 2; 2002‑179, s. 17.)
[ND]URLYesStatute N.D. Cent. Code, § 23-07-17.1 (2006)
Notes: See also http://www.ndhealth.gov/Immunize/Documents/Public/COI.pdf Certificate of Immunization ND Dept. of Health, form SFN 16038
[NE]URLYesStatute R.R.S. Neb. § 71-1913.01 (2007)
Notes:See also: http://uniweb.legislature.ne.gov/QS/laws.php?mode=view_sta&sta=s7119013001
[NH]URLYesStatute Title X. RSA 141-C:20-c (2007)
Notes:
[NJ]URL YesAdmin. Code: Ch. 14 NJ State Sanitary Code 8:57-4.4
Notes: Immunization of Pupils in School - N.J.A.C. 8:57-4 http://www.state.nj.us/health/cd/documents/njac857_4.pdf
[NM]URL YesStatute N.M. Stat. Ann. § 24-5-3 (2007)
Notes: Immunization Requirements: http://www.immunizenm.org/documents/Exemption_new.pdf
[NV]URLYesStatute Title 38. NRS § 432A.230 (2007)
Notes:
[NY]URLYesStatute NY CLS Pub Health § 2164 (9)(2007
Notes:
[OH]URLYesAdmin. Code OAC 5101:2-12-37 (B) (2) (2007)
Notes:
[OK]URLYesStatute Title 10 Okl. St. § 413 (2007)
Notes:
[OR]URL or NVICYes Statute ORS 433.267 (2006)
Notes: See http://oregon.gov/DHS/ph/imm/docs/SchRelExemtBrch.pdf
and http://www.oregon.gov/DHS/ph/imm/docs/SchExempt.pdf. Links are in the index page: URL
Oregon Certificate of Immunization Status for school, preschool, child care or home day care may be found at: http://oregon.gov/DHS/ph/imm/docs/SchCISform08.pdf
[PA]URLYesStatute Title 28 Pa. Code. § 27.77 (2007
Notes:
[RI]Rules or NVIC YesAdministrative Rules
Notes: See also http://www.nvic.org/Vaccine-Laws/state-vaccine-requirements/rhodeisland.aspx
Note the Contraindications, Precautions and conditions following DTP or DTaP vaccination.
[SC]URLYesAdmin. Rules (Law 44-29-180 states Reg. 61-8 applies)
Notes: See also: http://www.scstatehouse.net/CODE/t44c029.htm
SECTION 44-29-180. School pupils and day care center children to be vaccinated or immunized; department to monitor immunization records of children in day care; exemptions and exclusions.
(C) South Carolina Department of Health and Environmental Control Regulation 61-8, as amended, "Vaccination, Screening and Immunization Regarding Contagious Diseases", and its exemptions apply to this section.
http://www.scstatehouse.gov/coderegs/c061a.htm II. EXEMPTIONS
[SD]URL or NVIC YesStatute 13-28-7.1. (2)
Notes: http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=13-28-7.1
[TN]URLYesStatute Tenn. Code Ann. § 49-6-5001 (c) (1) (2006)
Notes: (d) Each child attending any school, nursery school, kindergarten, preschool or child care facility without furnishing proof of immunization or exception under subsection (b) and/or (e), shall not be counted in the average daily attendance of students for the distribution of state school funds.
[TX]URLYesStatute Title 2. § 42.043 (c) (2) (2007)
Notes:
[UT]URLYesStatute Utah Code Ann. § 53A-11-302. (3) (b) (i) or (3) (c)
Notes:
[VA]URLYesStatute VCA § 22.1-271.2 C. (i) (2007)
Notes:
[VT] URL or NVICYesAdmin Code for Day Care. Statute for School exemptions.
Notes: State of Vermont Family Child Care Licensing Regulations (2-12-2001)
C. Policies, Procedures, Records and Reports
2. When the program's policy is to admit children on a non-recurring basis all parents shall be notified of the policy. The policy shall inform all parents that children attending on a non-recurring basis may not be immunized.
II. the child has not been immunized because to do so would interfere with the child 's or families moral or religious beliefs, or
[WA]URLYesStatute Rev. Code Wash. (ARCW) § 28A.210.080 &28A.210.090 (2007)
Notes:
[WI]URLYesStatute Wis. Stat. § 252.04 (2007)
Notes: http://www.legis.state.wi.us/statutes/Stat0252.pdf
Electronic reproduction of 2005−06 Wis. Stats. database, updated and current through June 30, 2008 and 2007 Wis. Act 242.
252.04 Immunization program. (3) ..."objecting to the immunization for reasons of health, religion or personal conviction."
[WV]URLYesLEGISLATIVE RULES TITLE 78, SERIES 18 6.4.f.3.
Notes: Only a medical exemption is available for school children.
However: §78-18-6. Administration of the Family Child Care Facility.
6.4.f.3. If a facility’s policy permits, exemptions from immunization requirements shall be available for parents who provide written documentation of religious objections to immunizations. Source.
[WY]URLYesStatute Wyo. Stat. § 21-4-309 (2007)
Notes:


According to http://www.cga.ct.gov/2004/rpt/2004-R-0263.htm
Connecticut General Assembly Web site
EXEMPTIONS FROM CHILDHOOD IMMUNIZATION REQUIREMENTS
Lists:
Table 1: States with Religious and Philosophical Exemptions from Childhood Immunization Requirements
NUMBERS, TRENDS CONCERNING EXEMPTIONS TO IMMUNIZATION
According to the federal Centers for Disease Control (CDC), almost 38,000 children were exempted from receiving the usual round of childhood immunizations in the most recently reported year (see Mitchell, “Parents Opting Out of Vaccines for Kids, UPI, November 13, 2003). Nearly half of that total was exempted for religious reasons.


Return to Index for MT state Legislation


STATE - - - Who can sign medical exemption forms in various states?

Note: This is a general survey and some states were not as thoroughly searched as other states. You may find additional license classes that are edigible to sign the medical exemption in your state.
    [AK]: doctor of medicine(MD) or a doctor of osteopathy(DO), licensed in this state
    [AL]: licensed physician (includes osteopathy)
    [AR]: discretion of the health authority having jurisdiction or of any physician licensed to practice by the Arkansas State Medical Board (M.D./D.O.)
    [AZ]: written certification which is signed by the parent or guardian and by a physician
21. "Physician" means a doctor of medicine licensed pursuant to this chapter.
19. "Medicine" means allopathic medicine as practiced by the recipient of a degree of doctor of medicine.
    [CA]: a licensed physician. Osteopathic Physicians are licensed in california
990. As used in this article, "physician" means a person authorized, or reasonably believed by the patient to be authorized, to practice medicine in any state or nation.
    [CO]: a licensed physician
(e) "Physician" means a doctor of medicine who maintains, in good standing, a license to practice medicine issued by the state of Colorado.
    [CT]: a physician, physician assistant or advanced practice registered nurse
Licensed physicians are in two categories: Physician/Surgeon and Homeopathic Physician.     [DC]: a private physician, his or her representative, or the public health authorities
    [DE]: a physician i.e., medical doctor or doctor of osteopathy
    [FL]: (c) Any child shall be exempt from medical or physical examination or medical or surgical treatment upon written request of the parent or guardian
"physician" means a doctor of medicine or osteopathic medicine
    [GA]: the local board of health or any physician licensed under the laws of this state or of any other state having comparable laws governing the licensure of physicians,
'Physician' means a person lawfully licensed in this state to practice medicine and surgery
    [HI]: a physician on the physician's professional stationery
includes Osteopathic Physician
    [IA]: a physician, advanced registered nurse practitioner, or physician assistant who is licensed by the state board of medical examiners, board of nursing or board of physican examiners
    [ID]:A medical exemption will be granted for those children who present a letter from their physician
The term "physician" means any person who holds a license to practice medicine and surgery, osteopathic medicine and surgery, or osteopathic medicine
    [IL]: physician, advanced practice nurse, physician assistant, registered nurse, or local health department
    [IN]: a physician
(g) "Physician" means any person who holds the degree of doctor of medicine or doctor of osteopathy or its equivalent and who holds a valid unlimited license to practice medicine or osteopathic medicine in Indiana.
    [KS]: a licensed physician, MD or DO
Additional info not related to immunization exemptons:
Under the workmen's compensation act, a health care provider means any "person licensed . . . to practice medicine and surgery, osteopathy, chiropractic, dentistry, optometry or podiatry." K.S.A. 44-508(i).
The general meaning ascribed to the term "physician" can include many practitioners. The term "physician" is defined in Black's Law Dictionary 1033 (rev. 5th ed. 1979) as follows:
       "A practitioner of medicine; a person duly authorized or licensed to treat diseases; one lawfully engaged in the practice of medicine.".
    [KY]: physician, Health Dept., or their designee (MD or DO)
    [LA]: physician
(2) "Physician" means a natural person who is the holder of an allopathic (M.D.) degree or an osteopathic (D.O.) degree from a medical college in good standing with the board who holds a license, permit, certification, or registration issued by the board to engage in the practice of medicine in the state of Louisiana.
    [Maine]: physician
"Physician" means an individual authorized to practice medicine under Title 32 (MD/DO)
    [MD]: Physician or Health Officer
(18) "Physician" means an individual who is authorized by the Board to practice medicine.
    [Mass]: physician
    [MI]: physician (MDs)
(7) "Physician" means that term as defined in section 17001 and section 17501 of the public health code, Act No. 368 of the Public Acts of 1978, being sections 333.17001 and 333.17501 of the Michigan Compiled Laws.
    [MN]: physician
Subd. 9b. Physician. "Physician" means a person licensed to practice medicine under chapter 147.
    [MO]: physician
    [MS]: physician
“Physician” means any person licensed to practice medicine or osteopathic medicine in the State of Mississippi.
    [MT]: a physician licensed to practice medicine in any jurisdiction of the United States or Canada
"Physician" means a person who is licensed under Title 37, chapter 3.
From: http://data.opi.state.mt.us/bills/mca/37/3/37-3-102.htm, (7) "Physician" means a person who holds a degree as a doctor of medicine or doctor of osteopathy and who has a valid license to practice medicine or osteopathic medicine in this state.
    [NC]: a physician licensed to practice medicine in this State
    [ND]: a licensed physician
"Physician" includes physician and surgeon (M.D.) and osteopathic physician and surgeon (D.O.).
    [NE]: a physician, an advanced practice registered nurse, or a physician assistant
    [NH]:a licensed physician or authorized health care provider
A physician licensed under RSA 329, or a physician exempted under RSA 329:21, III,
    [NJ]: licensed physician (MD/DO)
    [NM]: licensed physician MD/DO
    [NV]: licensed physician
    [NY]: physician licensed to practice medicine in this state
    [OH]: physician's or certified nurse practitioner's written request for exemption.
    [OK]: a licensed physician (MD/DO)
    [OR]: physicians or county health departments.
See: Guidance on Medical Exemptions
    [PA]: a physician, MD/DO
    [RI]: a physician, the Department or a local health department
"Physician" means a person with a license to practice allopathic or osteopathic medicine in this state
    [SC]: individual licensed to practice medicine or osteopathy, or his/her authorized representative
    [SD]: licensed physician MD/DO
    [TN]: qualified physician
    [TX]: a licensed physician, MD or DO
    [UT]: a licensed physician
"Physician" means a physician and surgeon or osteopathic surgeon licensed under Title 58, Chapter 67, Utah Medical Practice Act or Chapter 68, Utah Osteopathic Medical Practice Act.
    [VA]: a licensed medical doctor
    [VT]: a physician, licensed to practice in Vermont,
    [WA]: any physician licensed to practice medicine pursuant to chapter 18.71 or 18.57 RCW
A permanent medical exemption is allowed when a signature of a licensed medical doctor (M.D.), a doctor of osteopathy (D.O.), doctor of naturopathy (N.D.), physician assistant (P.A.), or nurse practitioner (A.R.N.P.), acting within the scope of practice,
    [WI]: physician
    [WV]: a reputable physician showing that immunization for any or all is impossible or improper, or sufficient reason why any or all immunizations should not be done (MD/DO)
    [WY]:a private licensed physician or his representative or by a public health official
Waivers shall be authorized by the state or county health officer upon submission of written evidence of religious objection or medical contraindication

Exemption pages for each state
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming