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Conscientious Exemptions in Texas

Learn about HB 2292 legislation allowing conscientious exemptions from immunizations in Texas, including key provisions, affidavit requirements, and changes to rules over the years.

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Conscientious Exemptions in Texas

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  1. Conscientious Exemptions in Texas Amy Schlabach, Immunization Compliance Coordinator Immunization Branch November 1, 2010

  2. Conscientious Exemption Legislation • 78th Legislature 2003 Regular Session • House Bill 2292 • Effective September 1, 2003

  3. Summarizing LegislationKey Provisions of HB 2292 • Allows exemption for reasons of conscience, including a religious belief • Applies to child-care facilities, elementary or secondary schools and institutions of higher education • May be excluded from school in times of emergency or epidemic • Requires affidavit • Prohibits maintaining a record of names of individuals requesting the form

  4. Summarizing LegislationKey Provisions of HB 2292 • The affidavit form: • Must contain a seal or other security device to prevent reproduction. • Must contain a statement indicating the person “understands the benefits and risks of immunizations and the benefits and risks of not being immunized.” • Must be obtained by submitting a written request to the department. • Must be signed by the person claiming the exemption or, if a minor, signed by the parent. • Must be submitted within 90 days from date notarized.

  5. Changes to Rules • 2003 Texas began allowing exemptions from immunizations based on reasons of conscience, including religious beliefs. • Exemptions requested from September 2003 through April 2004, were valid for five years. • In April 2004, the former Texas Board of Health ruled exemptions to be valid for two years. • The approved rules allowed parents to fax their requests for the affidavit form • In December 2007, the Executive Commissioner of the Health & Human Services Commission approved changes to the exemption rule allowing parents or guardians to request via the Internet that an affidavit form be mailed to them.

  6. Conscientious Exemption • Requires written requests for affidavit, incl. facsimiles and internet • Requires full name and date of birth of child • Allows request for up to five forms per child • Allows exemption for one or more vaccines • Affidavit form is valid for two years

  7. Conscientious Exemption • Original requests are returned with forms • Affidavit forms are pre-printed with child’s name and date of birth • Benefits and Risks of Vaccination fact sheet is included with forms.

  8. Sources for Conscientious Exemption Data • Number of affidavit forms requested • Number of requests • Number of children for whom exemptions are requested • Number of affidavit forms per child • Number of exemptions reported via school surveys & child-care audits

  9. Yearly Comparison of the Number of Individuals Requesting Conscientious Exemptions, 2004 - 2010

  10. 2009-10 Annual Report of Immunization Status: Kindergarten Conscientious Exemptions

  11. 2009-10 Annual Report of Immunization Status: 7th Grade Conscientious Exemptions

  12. Annual Report of Immunization Status: Total Number of Conscientious Exemptions Reported, School Year 2003-2010

  13. Annual School Report: Total Number of Conscientious Exemptions Reported, School Year 2003-2010

  14. Questions? Amy Schlabach Immunization Compliance Coordinator Immunization Branch 800-252-9152 512-458-7111 ext 6470 Amy.schlabach@dshs.state.tx.us www.ImmunizeTexas.com

  15. Vaccine Coverage • Sources • Texas Immunization Branch – Coverage Levels • http://www.dshs.state.tx.us/immunize/coverage/default.shtm • National Immunization Survey – Child, 19-35 months • http://www.cdc.gov/vaccines/stats-surv/imz-coverage.htm#nis • National Immunization Survey – Teen • http://www.cdc.gov/vaccines/stats-surv/imz-coverage.htm#nisteen • Texas County Retrospective Immunization School Survey (TCRISS) • http://www.dshs.state.tx.us/immunize/coverage/tcriss.shtm • Texas School Immunization Validation Survey • http://www.dshs.state.tx.us/immunize/coverage/validation.shtm • Texas Childcare Immunization Assessment • http://www.dshs.state.tx.us/immunize/coverage/childcare.shtm • The Annual Survey of Immunization Status • http://www.dshs.state.tx.us/immunize/coverage/schools.shtm • The Behavioral Risk Factor Surveillance System (BRFSS) • http://www.dshs.state.tx.us/chs/brfss/query/brfss_form.shtm

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