The Florida Department of Health
Alachua County Health Department

INTEROFFICE MEMORANDUM

DATE: July 2, 1997
SUBJECT: Religious Exemptions

 


The Florida Administrative rules allow for exemption from immunization for religious tenets or practices only. It cannot be used to exempt for a particular vaccine(s) or to sanction partial immunizations.

The individual requesting the exemption must submit in writing certification signed by an appropriate authority (pastor, minister, church secretary or the individual himself for a personal religious belief) on the organization's stationery, which includes an address and telephone number, certifying that the applicant is a member of or practices a religion which is opposed to immunization. After issuing the Religious Exemption the request should be filed with the immunization office.

Attached is a copy of the June 23, 1993 memo, Guidelines to Fellow in Issuing Religious Exemptions for your reference. Should you have questions you may reach me at extension 1183.


The Florida Department of Health
Alachua County Health Department

INTEROFFICE MEMORANDUM     

DATE: July 23, 1993
TO: Deputy District Administrators for Health
HRS County Public Health Unit Directors/Administrators
THROUGH: John S. Slye, General Counsel, Department of Legal Services
FROM: Charles S. Mahan, M.D.
State Health Officer
SUBJECT: Guidelines for HRS County Public Health Units to Follow in Issuing Religious Exemptions

 

 

 

 



 

HRS county public health units (CPHUs) have requested guidance from the Immunization Program in determining under what circumstances to issue religious exemptions from immunization (HRS Form 681, Jan 92). The following are offered as guidelines to help identify tenets and practices which are acceptable for this issuance and to promote standardization of the process:

  1. The religion must contain a belief that is fundamental to the individual or group and which is incompatible with the giving of immunizations.
  2. The religion need not be recognized by the state as one of the usually recognized religions.
  3. There must be a recognizable adherence by the individual or group to tenets that the religion puts forth: the tenets of the religion must be part of the individual's code of personal behavior. For instance, if an individual objects to immunization, then you should expect him to be opposed to routine drug and/or medical intervention such as, but not limited to. over-the-counter medications, antibiotics, x-rays, or filling cavities.
  4. The individual must produce certification signed by an appropriate authority (pastor, ministers, church secretary of the individual himself for personal religious belief) on the organizations stationery, which includes an address and telephone number, certifying that the applicant is a member of or practices a religion which is opposed to immunization and that the religious organization does not accept the concept or practice of immunization.

Persons may be statutorily exempt, permanently or temporarily, from necessary immunizations for religious, medical or administrative reasons. There is no exemption in Florida for personal or philosophical reasons, and any request for exemption should be scrutinized with the intent of placing it into the one of the statutory categories. If an individual has religious tenet or practices that prohibit immunizations and in your opinion the guidelines have been met, an HRS Form 681, Religious Exemption from Immunization, should be issued.

Exemption from required immunization for religious, medical, and administrative reasons is found in 232.032 F.S., for school attendance and in 10M-12.008, F.A.C., for child care attendance. The wording found in the statute and rule pertaining to religious exemption is as follow:

232.032(3)(a),F.S.  The parent or guardian of the child objects in writing that the administration of immunizing agents conflicts with his religious tenets or practices.

10M-12.008(1)(c)2.c, F.A.C. Religious Exemptions, HRS Form 681, is issued by the HRS County Public Health Unit when the parent or guardians of the child objects in writing that the administration of immunization agents conflicts with his religious tenets or practices.

The following definitions of "religious" and "tenet" are provided to clarify and to help to distinguish between personal and philosophical exemptions, for which there are no exemptions from immunizations, and religious exemptions.

a) Religious is defined as relating or devoted to the divine or that which is held to be of ultimate importance; of or relating to religious belief or observances; scrupulously and conscientiously faithful.

b) A tenet is a principle, belief, or doctrine held by an individual to be true, especially one held in common by members of an organization, group, or movement, and which forms part of a central core of beliefs which direct day-to-day activities and behavior.

Courts in other states have upheld cases for exemptions from immunization based on religious convictions when as individual's beliefs were religiously based and sincerely held.

It is up to the individual to provide adequate information to the HRS county public health unit for issuance of a religious exemptions; if the CPHU feels the need to confirm this information, the church can be contacted. The state Immunization Program is not knowledgeable of a listing of specific churches/ religions opposed to immunization.

If you have any questions on this information, please contact the Immunization Program at 850-487-2755 (SC 277-2755).

HTJ/LB/mr

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