An Introduction to Vaccine Exemptions  

Everywhere routine vaccines are mandated in the United States, one or more exemptions are allowed. 

     This doesn't mean that vaccines are not mandatory--they are. What it means is that everywhere vaccines are mandated, at least some people may be eligible to refuse them legally without penalty. Exceptions to vaccine mandates fall into three basic categories:

1. Medical: Generally available whenever vaccines pose a serious risk of harm to the intended recipient. Generally, they require a recommendation from a licensed medical doctor. Some state health departments can deny medical exemptions even when recommended by a licensed medical doctor. 

2. Religious: Available to most people who have sincerely held religious objections. Specific qualifying criteria may vary from state to state. These are offered in 48 states and in all federal jurisdictions.

3. Personal or Philosophical: Available to some people with personal or philosophical objections. Offered in about U.S. 20 states, but not in any federal jurisdictions.

Exemptions may not apply in emergency situations. See the Pandemic Response Project for more information on this.

DO YOU NEED AN ATTORNEY?

     No one is required to hire an attorney to help with an exemption. However, making informed decisions requires having a sufficient understanding of your rights, and there are few short-answer vaccine exemption questions. The truth is, vaccine exemption and waiver law is more complicated than most people realize. Many people end up spending a lot of money paying an attorney to try to get them out of a problem they could have avoided altogether if they had only consulted an attorney ahead of time. 

     The two best ways to get the information necessary to make informed decisions on vaccine exemptions and waivers are to consult an experienced attorney, or purchase The Authoritative Guide to Vaccine Legal Exemptions e-book. Beware Internet advice. Even highly reputable sites, including those of alternative medical doctors and vaccine book authors, provide information about exemption and waiver rights and procedures that is usuall a mixture of accurate and inaccurate information. Some people who have relied on Internet exemption information have lost the exemption unnecessarily. If it doesn't come from an attorney experienced in this area of the law, be cautious about the advice! 

     The truth is, vaccine exemption and waiver law is more complicated than most people realize. In fact, most attorneys don't understand it, if only for lack of having researched the topic and practiced extensively in this area of the law. Attorney Phillips has assisted other attorneys around the country with vaccine exemption and waiver matters of their clients, in addition to serving clients directly.

School Exemptions - Public, Private, Homeschools

     Whether or not state exemption laws apply to private schools and homeschools depends on the specific wording of each state's laws. For example, in 2006, the Texas State Attorney General issued a formal opinion concluding that Texas law doesn't require private schools to accept religious exemptions unless the school receives state funding. In contrast, North Carolina's religious exemption law does apply to all private schools.

    Don't use a form unless your state requires and provides one. Otherwise, you may not be in compliance with your state's law. Don't copy exemption letters from the Internet--you'll look insincere and risk losing the exemption.

     Understanding your rights requires a careful reading of applicable statutes, regulations, and legal precedent. Reviewing your states' laws is a good starting point. The Authoritative Guide to Vaccine Legal Exemptions contains a summary of all of the relevant state and federal legal precedent, and information about how and when this applies. Understanding the legal precedent is necessary to understanding where the boundaries or your rights are under the specific facts and circumstances of your life, in your particular jurisdiction (geographical location). If you have any doubts, consult a knowledgeable attorney.

Immigration and Foreign Adoption

     The United States Citizenship and Immigration Services (USCIS) requires immigrants, including children adopted from foreign countries, to be vaccinated. However, this requirement can be waived for objections based on religious beliefs and moral convictions (however, doing so on moral convictions only can be very difficult). This requires form I-601, Application for Waiver of Ground of Inadmissibility, which has a $545 application fee, and an affidavit that must be customized for each applicant. The USCIS generally interviews waiver applicants.

     Working with an experienced attorney is strongly recommended. The USCIS manual requires details not addressed in the regulations. One can follow the letter of the regulations and still be rejected. Knowing what to include and exclude in the application; how to prepare your affidavit, statement of religious beliefs, and other relevant documents; and how to handle the interview can make the difference in whether or not the application is approved.

Military - Members, Families, Schools,
and Contractors 

     Military regulations offer military members medical and administrative exemptions, the latter of which includes religious exemptions. Religious exemptions are also available to military families, children in military schools, and civilian military contractors. Different regulations and laws may apply to each of these different areas; e.g., military members and schools are governed by Department of Defense reguations, while military contractors' religious objections fall under federal statutes and civilian civil rights regulations.

     For military members, the exemption can be withdrawn if the mission is deemed to require that. Presumably, denial of an exemption application or withdrawal of a previously granted exemption would most likely occur when working outside the U.S. or in any location where infectious diseases are considered to pose a high risk--e.g., third-world and war-torn countries.

     Military personnel cannot be vaccinated while a decision on a exemption application is pending.

     There are some branch-specific variations. Strict adherence to the applicable regulations is necessary to ensure that proper procedure is followed and all requirements are properly presented. Care should be take to ensure that your statement of religious beliefs includes appropriate information and details and excludes anything that is not needed and that could undermine your exemption claim. For these reasons, an experienced attorney is recommended. Information about what kinds of beliefs qualify and why, and other details, are provided in The Authoritative Guide to Vaccine Legal Exemptions.