Help? Legal statute that says they can't question your beliefs?

[frugalmama]

Need help.

I have a WIC appointment at a new clinic Monday. While I have the USDA WIC page that states WIC is in no way tied to immunization, I'm still having issues with the clinic wanting to "question my beliefs". They specifically asked for her records when I made the appointment, and when I replied that we have a religious exemption I was asked to bring in a statement of beliefs signed by a church official. I have a notarized state exemption form, but was told those were only for school and that WIC does not accept them.

I never had issues with my old clinic, but it's closed for remodeling for the next year, and so I'm stuck with the only one on my side of town. Yes they do give shots as well.

We are in TX and have a religious exemption. Can someone give me the state or federal statue that says they are not allowed to question your beliefs?

[caned & able]

Emmeline II has multiple posts with the same legal wording and court precedents. She can tell you. YOu can do a search on this forum also.

One of her many posts with the court case, Frazee v Illinois, is on this thread.

http://www.mothering.com/discussions...line+ii&page=2

[mysticmomma]

http://mothering.com/discussions/sho...c#post13234474

[Gitti]

Turn things around and ask them to provide you the legal paper that states what they are requesting because you want to take it to your lawyer.

[Gitti]

I found this thread, hope it is helpful.

http://www.mothering.com/discussions...d.php?t=634939

[13Sandals]

there is no federal statute on this. there are some state supreme court rulings that offer precedence, but nothing will help you except to know your specific state law. WIC is funded with state money - there is a religious and philosophical exemption in TX. they must follow the public health law and allow these exemption. they cannot make up their own requirements because they are WIC and not schools.
http://www.novaccine.com/law-exemptions/Texas.asp

the texas law in its entirety is at the bottom of the page:

(

B) an affidavit signed by the applicant or, if a minor, by the applicant's parent or guardian stating that the applicant declines immunization for reasons of conscience, including a religious belief

TX law is very clear that you do not need membership in an organization of any kind

also see at bottom of link:

Sec. 531.0335. PROHIBITION ON PUNITIVE ACTION FOR FAILURE TO IMMUNIZE.

the only caveat is that the law null and voids the exemptions in a 'state of emergency'

except that this exemption does not apply in times of emergency or epidemic declared by the commissioner of public health

don't bring that up ...but just be aware that there are loop holes in state laws that nullify religious and conscientious exemptions

[mysticmomma]

those exemptions are for school. ask them for the federal wic guideline yhat requires this info. typically vax records are used as a form of id for kids, there are other ways to show id. you could get a copy of your blank vax record and take it in. "I belong to the church of Religious Freedom and my husband is the head of our church."

[mysticmomma]

and wic is federally funded.

[mysticmomma]

http://www.fns.usda.gov/wic/benefits...munization.HTM

[AbigailGrace]

Oh wow! I'm in Texas. I got on WIC a couple of months ago and didn't have any trouble. Yes, they asked for paperwork but I told them I didn't have it. They asked for a doctor's record for my youngest ds and I said, "he's never seen one." Ds also doesn't have a social security number & they didn't give me a hard time about it either. Guess I ought to hang onto this info just in case, though.

[Emmeline II]

Originally Posted by frugalmama

Need help.
I have a WIC appointment at a new clinic Monday. While I have the USDA WIC page that states WIC is in no way tied to immunization, I'm still having issues with the clinic wanting to "question my beliefs". They specifically asked for her records when I made the appointment, and when I replied that we have a religious exemption I was asked to bring in a statement of beliefs signed by a church official. I have a notarized state exemption form, but was told those were only for school and that WIC does not accept them.

They have no right to see the vaccination records. "Parents are encouraged to bring their infant/child’s immunization record to WIC appointments so that WIC staff can review the record as part of the WIC certification process....Immunization records and/or an infant/child’s immunization status are in no way tied to the receipt of WIC benefits." You do not need an exemption because there is no law to be exempt from.

Parents are encouraged, not required.

You have only talked to them on the phone? I would bring a copy of this page with you, highlight "in no way tied," and "encouraged" and bring the contact information of the State director.

WIC: "Insert inappropriate request here."
You: Immunization records and/or an infant/child’s immunization status are in no way tied to the receipt of WIC benefits, and are not required to utilize this FEDERAL program.
WIC: "Insert inappropriate request here."
You: That is not required to utilized this program. I would like to speak to your supervisor.

If necessary say that "'I have brought the contact information for the
state agency; why don't "we" call Mike Montgomery so he can clarify this for you.'"


Texas WIC Director.

Mike Montgomery, Director
Nutrition Services Section
Texas Department of State Health Services
P.O. Box 149347
Mail Code 1933
Austin, Texas 78714-9347
voice: [phone]
fax: [phone]
toll-free-in-state: 1-800-WIC-FOR-U or 1-800-942-3678
toll-free-out-of-state: 877-341-4491
email: [e-mail]
website: http://www.dshs.state.tx.us/wichd/


Oh, I have another goody for you:

GOVERNMENT CODE
SUBTITLE I. HEALTH AND HUMAN SERVICES
CHAPTER 531. HEALTH AND HUMAN SERVICES COMMISSION
§ 531.0335 (2007)
§ 531.0335. Prohibition on Punitive Action for Failure to Immunize
(a) In this section:

(1) "Person responsible for a child's care, custody, or welfare" has the meaning assigned by Section 261.001, Family Code.
(2) "Punitive action" includes the initiation of an investigation of a person responsible for a child's care, custody, or welfare for alleged or suspected abuse or neglect of a child.

(b) The commissioner by rule shall prohibit a health and human services agency from taking a punitive action against a person responsible for a child's care, custody, or welfare for failure of the person to ensure that the child receives the immunization series prescribed by Section 161.004, Health and Safety Code.
(c) This section does not affect a law, including Chapter 31, Human Resources Code, that specifically provides a punitive action for failure to ensure that a child receives the immunization series prescribed by Section 161.004, Health and Safety Code.

Sample Religious Exemption Letter(change the state law reference):

Quote:
To whom it may concern;



(We / I) {First and Last name(s)}, as the {(parent (s) / guardian(s)} of ______________________(name of newborn child) are exercising (our/my) rights under the US Constitution, PUBLIC HEALTH LAW, ARTICLE 21. CONTROL OF ACUTE COMMUNICABLE DISEASES,TITLE VI. POLIOMYELITIS AND OTHER DISEASES, NY CLS Pub Health § 2164 (2002), to receive Religious Exemption from Vaccination, ALL injections, prophylaxis, & testing due to our genuine and sincere religious beliefs which are contrary to the practices herein required.

The U.S. Supreme Court held in Frazee V. Illinois Dept. of Security, 489 U.S. 829, that a religious belief is subject to protection even though no religious group espouses such beliefs or the fact that the religious group to which the individual professes to belong may not advocate or require such belief. This ruling is also reflected in Title VII of the Civil Rights Act of 1964 as amended Nov. 1, 1980; Part 1605.1-Guidelines on Discrimination Because of Religion.


Sincerely,

Your signature.
Date

[13Sandals]

Originally Posted by mysticmomma

and wic is federally funded.

it is funded by federal grants to individual states, like medicaid. so state health laws would probably still apply. (though, if it is considered strictly federal funds, they have no jurisdiction over vaccination status and her problem ends there.)

Originally Posted by mysticmomma

those exemptions are for school.

that's not entirely true, the Education Code of the TX health law addresses school attendance and immunization, but the following portion of the Health and Safety Code says all children must be immunized, irregardless of school...

Sec. 161.004. STATEWIDE IMMUNIZATION OF CHILDREN. (a) Every child in the state shall be immunized against vaccine preventable diseases caused by infectious agents in accordance with the immunization schedule adopted by the board.

and it goes onto give the religious/conscience exception:

A child is exempt from an immunization required by this section if:
(1) a parent, managing conservator, or guardian states that the immunization is being declined for reasons of conscience, including a religious belief; or

so the exemption covers non-school situations as well. To clarify, school attendance/immunization is covered in TX Statutes, Education Code; immunization of all children statewide is covered in TX Statutes, Health and Safety Code (this is the statute given above).

[mysticmomma]

I just realized you haven't even been seen yet. I'd just say you forgot it. The worst that could happen is they will "short cert" you and you will get 2 months of checks instead of 3. Then you have 2 months to figure out what is up their butts and how to make them see the law properly. Make sure you have another form of id for the kids though.

[frugalmama]

Originally Posted by mysticmomma

I just realized you haven't even been seen yet. I'd just say you forgot it. The worst that could happen is they will "short cert" you and you will get 2 months of checks instead of 3. Then you have 2 months to figure out what is up their butts and how to make them see the law properly. Make sure you have another form of id for the kids though.

I doubt it will work - here they just refuse to certify you. I tried that once at our old clinic {exemption form was coming in the mail}.

I think it should be able to get by with the statutes posted above, and threatening to call the state office.

[13Sandals]

Originally Posted by frugalmama

I doubt it will work - here they just refuse to certify you. I tried that once at our old clinic {exemption form was coming in the mail}.

I think it should be able to get by with the statutes posted above, and threatening to call the state office.

you will be okay. you are a citizen of tx in compliance with the state health laws....we really seem to be getting battered from every angle these days...let us know how it goes.

[Emmeline II]

Originally Posted by 13Sandals

that's not entirely true, the Education Code of the TX health law addresses school attendance and immunization, but the following portion of the Health and Safety Code says all children must be immunized, irregardless of school...

I forgot they put that in the law. Scary; at least there is the no punitive actions provision. When I was on WIC (TX), I had my first child's vax card from the military. He was behind by that point, but I don't think they mentioned it--the second time. The first time I actually did forget it, but I had other ID so it wasn't an issue. Though I had transfer papers from a WIC office on an AF base; perhaps they assumed he was vaxed? Fortunately they did not give vaccines at that office. This was about 4yrs ago.

[mysticmomma]

how did it go?

[frugalmama]

Originally Posted by mysticmomma

how did it go?

it actually went quite well. While the front desk & appts clerk tried to question it, the certification lady was fine with it - just had to go ask her supervisor how to put it in the system and if they needed to keep a copy of my state exemption on file.

[13Sandals]

Yay!!!