2011 School and Child Care Immunization Exemption Law
Frequently Asked Questions
State law requires that before attending a licensed child care or school,
children must be immunized against certain diseases that can be prevented by
vaccinations. Parents and guardians meet this requirement by filling out and
turning in a Certificate of Immunization
Status form, showing their child has the required vaccinations (or that they
have already had the illness and are now immune).
If parents and guardians choose to exempt their child from one or more of the
required vaccines, they must fill out a Certificate of Exemption form.
The 2011 Washington State Legislature passed a law that changes the process for
getting an immunization exemption. All other parts of the law are the same. The
questions and answers below give parents, schools, child cares, and public and
private health care providers the information they need to follow the steps in
the exemption process correctly.
General Information
- Q: What does the new law change?
A: The new law says that if a parent or guardian wants to exempt
their child from school or child care immunization requirements, they must
first get information about the benefits and risks of vaccinations from a
licensed health care provider. The provider will sign the
Certificate of Exemption form that
parents have to turn in to the school or child care to exempt their child.
Instead of signing the form, providers may choose to write and sign a letter
verifying the same information.
Parents or guardians who demonstrate membership in a church or religious
body that does not believe in medical treatment do not have to have a health
care provider sign the exemption form.
- Q: Why is the law important?
A: Washington has one of the highest school exemption rates in the
nation, in part because our exemption policy made convenience exemptions easy to
claim. The law makes sure exemptions are based on conviction, not convenience.
Immunizations save lives. Diseases can spread quickly in schools and child cares
and unfortunately we have had outbreaks of whooping cough, chickenpox, and other
disease in our state. Unimmunized children are more likely to get a disease that
vaccines can prevent and spread it in their communities.
When children have exemption forms on file at school and an outbreak happens,
the kids with exemptions must be sent home until the outbreak is over, until
they bring in their vaccination records, or until they get vaccinated. This
causes disruption in schools, classrooms, and a child’s learning. Having fewer
convenience-based exemptions will reduce the burden on our schools.
- Q: How can schools, licensed child cares, health care providers, and
parents or guardians make sure they meet all the new requirements?
A: Beginning July 22, 2011, schools, child cares, providers, and parents
must use the updated exemption form to meet the new requirements.
- Q: Does the new law change any required immunizations for school or
child care entry?
A: No, the vaccines required for school and child
care entry are the same.
- Q: What’s the definition of “conditional” status according to school
and child care requirements?
A: Kids are in “conditional” status if
they do not have one or more required vaccines on their first day of
attendance or, in some cases, after they’ve begun school or child care.
These kids can attend school or child care for a limited time until they
finish their paperwork. From the time they get notified that their child has
conditional status, parents or guardians have 30 days to get the child
vaccinated, show a record of past vaccination, or exempt their child for the
missing vaccineSome kids may not have immunizations which are part of a
series with recommended intervals between doses. In these cases,
the child will remain in conditional status as long as necessary
to complete the series according to national immunization
guidelines. In all other cases, if a parent does not take action
within 30 days, the child must be excluded from school or child
care. Children with completed exemption forms do not have
“conditional” status. See
WAC 246-105-020 and
246-105-060 for more information.
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Effective Date
- Q: When do these changes take effect?
A: The law took effect July 22, 2011, and applies only to exemptions
that parents or guardians claim on or after this date.
- Q: Are new exemption forms turned in before the law’s effective
date still allowed?
A: Yes, the new exemption form is ready and can be used before July 22,
2011.
- Q: What about kids who have registered for child care or school, but
won’t start school until the fall of 2011? Do they need a new exemption form?
A: No. As long as their exemption form was submitted to the school before
July 22, 2011, it’s valid even if the child begins school or child care after
that date.
- Q: If schools or preschools are closed during the summer, can
parents or guardians drop off the exemption form at a school district
office?
A: No. As part of the enrollment process, immunization records must
be given to the school in which the child will attend. Parents or guardians
who aren't able to submit an exemption form before July 22, 2011 due to
school or preschool closure will need to submit an exemption form under the
new requirements when the school or preschool opens.
- Q: Will parents have to redo an exemption from previous years?
A: An exemption form on file at a school or licensed child care that was
turned in before July 22, 2011 is still valid for the exemptions indicated on
that form. But, as kids progress through school, their parents or guardians may
request additional exemptions to meet age-appropriate immunization requirements.
At that time
a new exemption form will have to be turned in for any additional exemption.
- Q: Will children transferring schools within Washington State
with an exemption(s) from previous years need to renew the exemption(s)
under the new requirements?
A: No. Any exemption received in Washington State before July 22,
2011 is still valid regardless of which school or school district the child
attends.
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Requirements and Process
- Q: How does a health care provider verify they gave a parent or
guardian information about immunization benefits and risks?
A: Health care providers can sign the pre-written statement on the
exemption form or write and sign a letter verifying the same thing.
- Q: Does a parent or guardian always have to sign the exemption form?
A: Yes, a dated parent or guardian signature must be on the exemption
form for any type of exemption in order to be valid.
- Q: Can families who live near Washington State borders who have
medical homes in Idaho or Oregon have their out-of-state health care
provider sign the exemption form or write a letter?
A: Yes, but only if that provider is also licensed in Washington
State. Providers who don't hold a Washington State medical license cannot
sign the exemption form or write a letter, regardless of where they live or
work.
- Q: What kind of health care providers can sign the exemption form or
write a letter?
A: Physicians (M.D.), physician assistants (P.A.), osteopaths (D.O.),
naturopaths (N.D.), and advanced registered nurse practitioners (A.R.N.P.) who
are currently licensed in Washington are authorized to sign the exemption form
or write a letter. Signatures by registered nurses (R.N.) or licensed practical
nurses (L.P.N.) are not acceptable.
- Q: Does a provider have to give vaccinations in order to sign the
exemption form or write a letter?
A: Any qualified provider currently licensed in Washington may sign the
exemption form.
- Q: Do parents or guardians have to attach the benefit and risk
information they get from their provider to the exemption form?
A: No, the provider signs the exemption form to verify the information
was shared. Schools and licensed child cares will have to check that the
provider signed the form or letter.
- Q: Does this create a cost for parents or guardians because they must
make an appointment to get a provider signature?
A: If health care providers and parents have already talked about
benefits and risks of vaccination, an office visit may not be necessary for
providers to sign the exemption form. Providers can sign it at any time before
the child attends school or child care, such as during already scheduled
well-child visits or sports physicals.
- Q: Does a provider have to sign the exemption form (or sign a letter)
for all types of exemptions?
A: Providers must sign the statement on the exemption form about
providing benefit and risk information (or sign a letter) for most types of
exemptions. The only exception to this requirement is that a provider doesn’t
have to sign the form or letter for a parent or guardian who demonstrates
membership in a church or religious body that does not allow medical treatment.
- Q: What does a provider have to do to verify a medical exemption?
A: For an acceptable medical exemption under the new law, the provider
must sign the exemption form twice; once indicating the specific medical
exemption and type (temporary or permanent medical exemption) and once to
confirm the parent has received the benefit and risk information.
- Q: What does the provider letter have to include?
A: It must explain that the parent or guardian received information on
the benefits and risks of immunizations, reference the child’s name, and be
signed by a qualified health care provider. If the letter has these three
things, schools and licensed child cares may accept it in place of a provider
signature on the actual exemption form.
- Q: Are copies and faxes of the signed exemption form acceptable?
A: Yes, schools and child cares can accept copies and faxes of the new
exemption form. If anything on the form is not filled out correctly, they must
let the parent or guardian know as soon as possible.
- Q: Is a copy or fax of the provider letter acceptable?
A: Yes, as long as the letter meets the three minimum requirements as
explained above. Make sure the provider letter gets stapled to the
exemption form and that a parent or guardian also signs the exemption form.
- Q: Are health care providers legally obligated to sign the exemption
form?
A: No, it’s up to each provider to decide if they’re willing to sign the
exemption form. This is between parents and their health care provider.
- Q: Can providers get sued (by a parent or guardian, for example) if
they sign the exemption form and the child gets sick with a vaccine-preventable
disease?
A: No. The new law states that providers signing the form in good faith
are not at risk of legal action.
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Religious Exemptions
- Q: Are all religious exemptions acceptable without
the provider’s signature?
A: No. Most parents or guardians checking the box for a
religious exemption must first get information about the
benefits and risks of vaccinations from a licensed health care
provider. Only parents or guardians who demonstrate membership
in a church or religious body that does not allow medical
treatment (in Box 2 of the form) do not need a provider to sign.
- Q: How does a parent or guardian demonstrate
membership in this kind of church or religious body?
A: In Box 2 of the exemption form, the parent or guardian
must sign a prewritten statement to indicate they belong to a
church or religious body that does not believe in medical
treatment from a health care provider. They will also have to
write in the name of the church or religious body. Parents or
guardians must have both of these (their signature and the name
of their church or religious body) to claim this type of
religious exemption.
- Q: Does the parent or guardian have to supply
additional information, such as copies of church doctrine,
church addresses, or signatures from the religious leadership?
A: No, nothing else will be required as proof of
membership or of their religious affiliation.
- Q: What if the parent or guardian refuses to write in
the name of their church or religious organization in Box 2 of
the form?
A: Then the parent or guardian cannot receive this type
of religious exemption. They must get the required health care
provider signature on the exemption form or a letter confirming
they have received the benefit and risk information on
immunizations.
- Q: What if schools or licensed child cares do not
recognize the name of the religious body the parent or guardian
writes in Box 2 of the exemption form?
A: Schools and child cares do not have to verify the
religious organization or religious belief, even if the name is
unknown or seems false.
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Changing the Exemption Form
- Q: What if the parent or guardian seeks an exemption, but the
provider, school, or licensed child care notices from previously provided
information that the child has already been vaccinated?
A: The provider, school, or licensed child care should explain the
situation to the parent and let them know the exemption isn’t necessary.
This will likely resolve the situation. If the parent or guardian still
wants an exemption, and he or she supplies the proper information on the
exemption form, the exemption must be accepted.
- Q: If a provider, school, or licensed child care discovers a
child has already received a vaccine for which he or she is currently
exempted, can the child’s exemption be deleted?
A: No. State law requires that the parent or guardian approve the
change before the exemption gets deleted. The person who looks over the
exemption form (usually school or child care staff, but it could also be a
provider) needs to get the parent’s approval for the change. The form can
then be updated with the new information, including the date when the parent
approved the change.
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Last Update:
09/14/2011 10:03 AM