vaccination exemption -- form OCC 1215

[JenChaffee]

Does anyone know about this form?

I am looking into having my kids start preschool in a year.  The preschool we are talking with says they use form OCC 1215 which replaces the use of form DHMH 896.  On DHMH 896, it looked straightforward to claim religious exemption.  On OCC 1215, there is no obvious way to claim religious exemption. 

Since preschools are not public here, do they have to honor a religious exemption claim? 

I appreciate any input!

[mysticmomma]

as long as they are accredited they do. I would turn in both forms 896 with the exemption and their form crossing out the box for vaccines. then I would attach a letter including the maryland code and state that you are utilizing your right under maryland law to utilize a religious exemption based on your PERSONAL bonafide religious beleifs.

CODE OF MARYLAND REGULATIONS
TITLE 13A. STATE BOARD OF EDUCATION
SUBTITLE 14. CHILD AND FAMILY DAY CARE
13A.14.02. CHILD CARE LICENSING

13A.14.02.44 (2007)

44 Admission to Care.

A. An operator may not admit a child to a center for child care or allow a child to remain in care unless the operator has:

(1) Received a completed emergency form for the child as required in Regulation .38 of this chapter;
(2) Received a written report of a health inventory on the child, including a statement of allergies, on a form supplied or approved by the office that includes a parental statement on the health status of the child and is:

(a) Unless a parent objects to a child's medical examination because of bona fide religious beliefs and practices, based on an examination completed within the last:

(i) 2 months before admission for a child under 9 months,
(ii) 3 months before admission for a child between 9 and 24 months, or
(iii) 12 months before admission for a child over 2 years old; or

(b) Transferred directly, without a gap in time longer than 3 months, from a family day care home, another licensed child care center, or a public or nonpublic school in Maryland;

(3) Received evidence, on a form supplied or approved by the office, that:

(a) The child has had immunizations appropriate for the child's age;
(b) The child has had at least one dose of each vaccine appropriate for age before entry and is scheduled to complete the required immunizations;
(c) A licensed physician or a health officer has determined that immunization is medically contraindicated according to accepted medical standards; or
(d) The parent objects to the child's immunization because it conflicts with the parent's bona fide religious beliefs and practices;

(4) A source of emergency health services acceptable to parents with written parental agreement for its use; and
(5) Received parental permission for the school to give the school age child's health information to the center.

B. Lead Screening.

(1) This section applies to a child who was:

(a) Admitted to the facility on or after May 8, 1997; and
(b) Younger than 6 years old at the time of admission.

(2) An operator may not admit a child to a facility or allow a child to remain in care unless the operator has received evidence that the child has received an appropriate lead screening as required by State or local law.
(3) The evidence required by §C(2) of this regulation shall be:

(a) On a form supplied or approved by the office; and
(b) Submitted within 30 days after the child's admission to the facility.

C. In a case when a parent objects to a child's immunization or medical examination, or both, because of the parent's bona fide religious beliefs and practices, an operator shall require the parent to provide a health history of the child and sign a statement indicating that to the best of the parent's knowledge and belief, the child is in satisfactory health and free from any communicable disease.

Here is the immunization comar code

10.06.04.05

.05 Religious Exemption.

A. Using the form provided by the Department of Health and Mental Hygiene, a student whose parent or guardian objects to immunization on the ground that the immunization conflicts with the parent's or guardian's bona fide religious beliefs and practices is exempt from the requirement to present a physician's certificate of immunization in order that the student be admitted to school.

B. The exemption allowed under §A of this regulation does not apply when the Secretary declares an emergency or epidemic of disease.

C. A preschool or school, public or private, shall maintain a current list of all students enrolled who have an exemption to immunizations on religious grounds.

D. Annually, by November 15th, a preschool or school, public or private, shall report to the Secretary of Health and Mental Hygiene the number of students with a religious exemption enrolled in all grades.

[mariacm]

I hope you are right mysticmomma, since I may run into this issue myself in the future.  But it sounds to me like IF they accept non-vaxed kids with religious exemptions, they have to follow the code as far as paperwork goes, not that they have to accept them to begin with.  Where in the quoted codes does it say that the school has to accept non-vaxed kids with religious exemptions?

[mysticmomma]

If a school/preschool/daycare whatever, whether public or private is accredited and liscensed through the state of MD, they cannot discriminate on religous basis.

10.06.04.05

.05 Religious Exemption.

A. Using the form provided by the Department of Health and Mental Hygiene, a student whose parent or guardian objects to immunization on the ground that the immunization conflicts with the parent's or guardian's bona fide religious beliefs and practices is exempt from the requirement to present a physician's certificate of immunization in order that the student be admitted to school.

[mariacm]

I'm glad to hear that. =)