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AR Info
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| Current as
of 6/06
Quick Fact:
Immunization requirements "shall
not apply if the parents or legal guardian of that child
object thereto on the grounds that immunization conflicts
with the religious or philosophical beliefs of the parent
or guardian." To obtain an exemption parents must
sign a notarized statement requesting a religious, medical
or philosophical exemption from the Department of Health
(DOH). The parents must then complete an educational
component prepared by the DOH, sign an informed consent
with a refusal to vaccinate statement and a signed statement
of understanding that the unimmunized child may be removed
from school during an outbreak. For pertussis: if a
child's sibling or half sibling had an adverse reaction
the child is exempt.
Other Resources:
Arkansas Dept. of Health
and Human Services: http://www.healthyarkansas.com
State of Arkansas Immunization
Schedule/Exemptions for Childcare,
Public/Private Schools and Colleges/Universities: http://www.healthyarkansas.com/rules_regs/
Immunization_Requirements_2004.pdf
Arkansas State Legislature:
http://www.arkleg.state.ar.us/
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SECTION 1. Arkansas
Code Section 6-18-702(d)
Arkansas Code Section 6-18-702(d), requiring
immunization of children:
(d)(1)
(A) The State Board of Health shall promulgate
rules and regulations to ensure that all exemptions provided by
this section shall have a minimal effect on the health and safety
of all children attending day care or kindergarten through grade
twelve (K-12).
(B) The rules shall provide for, but are not limited to,
the tracking of those children with exemptions so that appropriate
steps may be taken in the event of an outbreak or epidemic.
(2) The department, and no other department or entity, shall
grant exemptions provided by this section.
(3) If in the discretion of the health authority having jurisdiction
or of any physician licensed to practice by the Arkansas State Medical
Board any person to whom this section applies shall be deemed to
have a physical disability that may contraindicate vaccination,
a certificate to that effect issued by the health officer may be
accepted in lieu of a certificate of vaccination, provided that
the exemption shall not apply when the disabilityshall have been
removed.
(4)
(A) This section shall not apply if the
parents or legal guardian of that child object thereto on the
grounds that immunization conflicts with the religious or philosophical
beliefs of the parent or guardian.
(B) The parents or legal guardian of the child shall complete
an annual application process developed in the rules and regulations
of the department for medical, religious, and philosophical exemptions.
(C) The rules and regulations developed by the department
for medical, religious, and philosophical exemptions shall include,
but not be limited to:
(i) A notarized statement requesting
a religious, philosophical, or medical exemption from the department
by the parents or legal guardian of the child regarding the
objection;
(ii) Completion of an educational component developed
by the department that includes information on the risks and
benefits of vaccination;
(iii) An informed consent from the parents or guardian
that shall include a signed statement of refusal to vaccinate
based on the department's refusal-to-vaccinate form; and
(iv) A signed statement of understanding that:
(a) At the discretion
of the department, the unimmunized child or individual may
be removed from day care or school during an outbreak if the
child or individual is not fully vaccinated; and
(b) The child or individual shall
not return to school until the
outbreak has been resolved and the department approves the
return to school.
(D) No exemptions
may be granted under this subdivision (d)(4) until the application
process has been implemented by the department and completed by
the applicant.
(5) Furthermore, the provisions of this
section requiring pertussis vaccination shall not apply to any child
with a sibling, either whole blood or half blood, who has had a
serious adverse reaction to the pertussis antigen, which reaction
resulted in a total permanent disability.
(e) Any person found guilty of violating
this section or the regulations promulgated by the State Board of
Education or the division for the enforcement of this section shall
be guilty of a violation and upon conviction shall be fined not
less than twenty-five dollars ($25.00) nor more than one hundred
dollars ($100) for each offense.
SECTION 2. Arkansas Code Section 6-60-504(b),
concerning religious objections to immunization of college and university
students:
(b)(1) The provisions of this subchapter shall not apply if
the individual furnishes to the college or university a letter of
exemption from the department.
(2)
(A) The individual
shall complete an annual application process developed in the
rules and regulations of the department for medical, religious,
and philosophical exemptions.
(B) The rules and regulations developed by the department
for medical, religious, and philosophical exemptions shall include,
but not be limited to:
(i) A
notarized statement requesting a religious, philosophical, or
medical exemption from the department by the individual regarding
the objection;
(ii) Completion of an educational component developed
by the department that includes information on the risks and
benefits of vaccination;
(iii) An informed consent from the individual that
shall include a signed statement of refusal to vaccinate based
on the department's refusal-to-vaccinate form; and
(iv) A signed statement of understanding that:
(a) At
the discretion of the department, the unimmunized child or
individual may be removed from day care or school during an
outbreak if the child or individual is not fully vaccinated;
and
(b) The child or individual shall not return to school
until the outbreak has been resolved and the department approves
the return to school.
(3) No exemptions
may be granted under this subsection until the application process
has been implemented by the department and completed by the applicant.
SECTION 3. Arkansas Code Section 20-78-206(a)(2)(B),
concerning exemptions from immunization in child care facilities:
(B)
(i) The provisions
of subdivision (a)(2)(A) of this section pertaining to immunizations
shall not apply if the parents or legal guardian of that child
object thereto on the grounds that immunization conflicts with
the religious or philosophical beliefs of the parent or guardian.
(ii) The parents or legal guardian of the child shall
complete an annual application process developed in the rules
and regulations of the Division of Health of the Department of
Health and Human Services for medical,religious, and philosophical
exemptions.
(iii) The rules and regulations developed by the Division
of Health of the Department of Health and Human Services for medical,
religious, and philosophical exemptions shall include, but not
be limited to:
(a) A notarized
statement requesting a religious, philosophical, or
medical exemption from the Division of Health of the Department
of Health and Human Services by the parents or legal guardian
of the child regarding the objection;
(b) Completion of an educational component developed by
the Division of Health of the Department of Health and Human
Services that includes information on the risks and benefits
of vaccination;
(c) An informed consent from the parents or guardian that
shall
include a signed statement of refusal to vaccinate based on
the Division of Health of the Department of Health and Human
Services' refusal-to-vaccinate form; and
d) A signed statement of understanding that:
(1) At the discretion
of the Division of Health of the Department of
Health and Human Services, the unimmunized child or individual may
be removed from day care or school during an outbreak if the child
or individual is not fully vaccinated; and
(2) The child or individual shall not return to school until
the outbreak has been resolved and the Division of Health of the
Department of Health and Human Services
approves the return to school.
(iv) No exemptions
may be granted under this subdivision (a)(2)(B) until the application
process has been implemented by the Division of Health of the
Department of Health and Human Services and completed by the applicant.
(v) Furthermore, the provisions of subdivision (a)(2)(A)
of this section requiring pertussis vaccination shall not apply
to any child with a sibling, either whole blood or half blood,
who has had a serious adverse reaction to the pertussis antigen,
which reaction resulted in a total permanent disability.
SECTION 4. Arkansas
Code Section 20-7-306, concerning repots and assistance by the Director
of the Division of Health of the Department of Health and Human
Services:
(c)(1)(A)
With regard to §§ 6-18-702(d), 6-60-504(b), and
20-78-206(a)(2)(B), the division shall report every six (6) months
to the committees regarding:
(i) The geographic patterns of exemptions, vaccination
rates, and exemptions in those areas as well as the rest of the
state; and
(ii) Disease incidence of vaccine-preventable
diseases collected by the division.
(B) The collection of exemption information shall begin
January 4, 2004.
(C) Reports shall begin at the
first interim meeting of the committees. (2)(A) The division
shall facilitate a study to include religious, philosophical, and
medical exemption patterns and the incidence of diseasein the state.
(B) The study shall include:
(i) An evaluation of the state's immunization policies;
(ii) The incidence of disease
in Arkansas and other states; and
(iii) A risk evaluation of specific
populations in Arkansas.
(C) The study shall begin July 3, 2003, and shall be
completed by December31, 2004.
(D) The study shall be a collaborative
effort coordinated by the division.
(3) The division shall issue a
final assessment on the impact of this subsection to the committees
during the 2005 regular session of the General Assembly.
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