FLA dept of health - Please help!

suschi · Jun 19, 2007

I am not aware of any requirement that involves literature and a video before giving the waiver form. I don't think FL requirements have changed, I will have to see what I can find. I was not given any information or required to sit thru any propaganda before being given the form. 
If FL law hasn't changed, then it sounds like the state rep you spoke with wasn't familiar either with what's required for the religious exemption. 
I will see if I can find any updates to the law.

naturegirl7 · Jun 19, 2007

update in first post....

suschi · Jun 19, 2007

The law hasn't changed, it's still just this simple statement, 
"(a) The parent of the child objects in writing that the administration of immunizing agents conflicts with his or her religious tenets or practices;" 
that's it, nothing more, nothing less.... 
and I would demand anyone requesting anything additional to show you WHERE in the state law are these additional requirements written. 
Print out a copy of the law and take it with you if needed. <a href="http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch1003/SEC22.HTM&Title=-%3E2002-%3ECh1003-%3ESection%2022" target="_blank">http://www.flsenate.gov/Statutes/ind...->Section%2022</a> 
Also see this, the ssn on the religious waiver has nothing to do with the SHOTS program, there is a completely different form for opting out of that program, no where does it state you are automatically opted out by submitting a religious exemption. 
BEGIN COPY/PASTE: 
7) Florida SHOTS (State Health Online Tracking System) Opt Out Provision - Parents or guardians may elect to decline participation in the Florida immunization registry, Florida SHOTS, by completing a DH Form 1478, Florida SHOTS Notification and Opt Out Form, as incorporated by reference in subsection 64D-3.011(10), F.A.C. and returning the form to the Department of Health. The immunization records of children whose parents choose to opt-out will not be shared with other entities that are allowed by law to have access to the child's immunization record via authorized access to Florida SHOTS. 
(8) Florida SHOTS Private Provider Participation - Any health care practitioner licensed in Florida under Chapter 458, 459 or 464, Florida Statutes may request authorization to access Florida SHOTS by filling out a DOH Form 1479, Authorized Private Provider User Agreement for Access to Florida SHOTS (Florida State Health Online Tracking System), as incorporated by reference in subsection 64D-3.011(10), F.A.C. The DOH Form 1479 will be returned to the Department of Health for processing and authorization to access Florida SHOTS. Notification of access approval and instructions for accessing Florida SHOTS will be provided by the Department of Health. The authorized user and the applicable licensing authority or agency shall notify the Department of Health Bureau of Immunization Florida SHOTS personnel when an authorized user's license or registration has expired or has been suspended or revoked. 
END COPY/PASTE <a href="http://www.doh.state.fl.us/Disease_ctrl/immune/community/64d.htm" target="_blank">http://www.doh.state.fl.us/Disease_c...munity/64d.htm</a> 
Here's the form to opt out, must be signed by the parent making the request, <a href="http://www.flshots.org/_pdfs/OptOutDH-1478.pdf" target="_blank">http://www.flshots.org/_pdfs/OptOutDH-1478.pdf</a> 
All this leads me to believe you didn't speak with a knowledgable person at the state dept. 
And here are the Florida Immunization Guidelines spelled out, <a href="http://www.doh.state.fl.us/Disease_ctrl/immune/schoolguide.pdf" target="_blank">http://www.doh.state.fl.us/Disease_c...choolguide.pdf</a> 
You should print this out for your records because they keep changing the links to it. At the very least, print page 18 which explains the religious exemption but mentions NOTHING about any other requirements to obtain, 
VI. Religious Exemption from Immunization (DH 681) 
A. Request for Religious Exemption: 
1. A request for a religious exemption from immunization requirements 
must be presented on the Department of Health’s Religious Exemption 
From Immunization form (DH 681). 
2. The DH 681 is issued ONLY by county health departments and ONLY 
for a child who is not immunized because of his/her family’s religious 
tenets or practices. 
{my note, they have since updated this information, as of March 2007, and lookie lookie what they added to # 2 above. So obviously we are having some IMPACT with these people,} 
If a parent requests such an exemption, the county health department staff must use the current DH 681 Form, which has been signed by the parent affirming the written statement on the form that a religious conflict exists. 
This form must be issued upon request. 
No other information should be solicited from the parent or guardian. 
**********************end of newly added info ************** 
B. Completion of DH 681: The following information must be completed on the 
DH 681: 
1. The child's complete name, date of birth, and parent or guardian’s name. 
The child’s social security number (SS#) is optional. 
2. Parent's (or guardian's) signature and date of signature. 
3. County health department stamp, signature of the county health 
department director/administrator or their authorized designee, and date 
the form is issued. 
C. Retention of Form: The DH 681 will be kept on file at the school, preschool, 
child care facility, or family day care home in order to facilitate identification 
of any unimmunized/susceptible children needing exclusion during an 
outbreak of a vaccine-preventable disease. 
D. Consistency With Florida Law: Requests for religious exemption from 
immunizations should be consistent with section 232.032, Florida Statutes. 
Exemptions for personal or philosophical reasons are not permitted 
under Florida law.

naturegirl7 · Jun 20, 2007

thanks, she made it seem like without a SS# he could not be put into the SHOTS program, never said there was a specific opt-out form I needed to sign. 
GRRRR!

flminivanmama · Jun 20, 2007

that is horrid Michelle! you should come to the office here in Martin, I never heard of that happening here.

naturegirl7 · Jun 20, 2007

I plan to go to another office with my next child/children - I just wanted to make them give me the exemption since they seemed to be so against doing so. I just hope I haven't landed myself on some list somewhere.....

prettypixels · Jun 20, 2007

Wow, that is crazy. FWIW I went to a junior college, a state school, and a private college, and NEVER was I asked for a vaccine record. I don't even have my own vaccine record. That is just so weird to me!

suschi · Jun 20, 2007

Well, I just lost my post. 
So here it is in a nutshell. All the points you listed were lies. I have two children with exemptions they have had since K and they have moved and changed schools. One form per child is needed, plain and simple. One is going into 7th grade this year, the other will be in 3rd. And to date, neither has missed any school because of an outbreak. So no issues in 7 years and counting. 
Colleges have to accept exemptions just like the schools. No one can force you to vaccinate. I wish you would have printed the state law and had it with you to shove in her face and demand where all that garbage is stated in the law. 
Read the law I linked to, it explains what happens during an outbreak. Hint, nothing close to the garbage Wanda told you. 
And what does the disease have to do with a religious exemption? Absolutely nothing, so why would they show someone claiming a relgious exemption the video ? Tell them to save it for people who are declining vaccines due to other reasons that are not religious. You should have asked if they are trying to convert you, if not, then why show a video to someone objecting to vaccines on RELIGIOUS GROUNDS..... unless they were attempting to determine the validity of your request. 
Do not call and ask for the same person at the state dept, she is obviously siding with your health dept. 
Ask for a supervisor and go over the points you listed here and how they told you the SSN was required for the SHOTS. I don't even remember at this point who exactly gave you THAT bogus info. 
When you get a supervisor on the phone, ask them exactly what is required to obtain a religious exemption in the state of FL. If they give you the right answer (and if you have read the state statutes you will know if you are getting the correct answer) then proceed to let them know what your health dept is doing (and the scare mongering )and also advise them that their own rep is backing them up, (didn't she say the video is required?) She should be reported as well. 
If you get that far, ask where you can address a written complaint about your health dept, (I would include the state rep who backed them up) 
For the HIPAA violation, here's a link to help, and a copy/paste, no copyright voilation because it's a .gov site. <a href="http://www.hipaa.ihs.gov/index.cfm?module=faq" target="_blank">http://www.hipaa.ihs.gov/index.cfm?module=faq</a> 
Q. How do I report HIPAA Privacy violation. 
A. If you believe that a person, agency or organization covered under the HIPAA Privacy Rule ("a covered entity") violated your (or someone else's ) health information privacy rights or committed another violation of the Privacy Rule, you may file a complaint with the Office for Civil Rights (OCR). OCR has authority to receive and investigate complaints against covered entities related to the Privacy Rule. A covered entity is a health plan, health care clearinghouse, and any health care provider who conducts certain health care transactions electronically. For more information about the Privacy Rule, please look at our responses to Frequently Asked Questions (FAQs) and our Privacy Guidance. (See the web link near the bottom of this form.) 
Complaints to the Office for Civil Rights must: (1) Be filed in writing, either on paper or electronically; (2) name the entity that is the subject of the complaint and describe the acts or omissions believed to be in violation of the applicable requirements of the Privacy Rule; and (3) be filed within 180 days of when you knew that the act or omission complained of occurred. OCR may extend the 180-day period if you can show "good cause." Any alleged violation must have occurred on or after April 14, 2003 (on or after April 14, 2004 for small health plans), for OCR to have authority to investigate. 
Anyone can file written complaints with OCR by mail, fax, or email. If you need help filing a complaint or have a question about the complaint form, please call this OCR toll free number: 1-800-368-1019. OCR has ten regional offices, and each regional office covers certain states. You should send your complaint to the appropriate OCR Regional Office, based on the region where the alleged violation took place. Use the OCR Regions list at the end of this Fact Sheet, or you can look at the regional office map to help you determine where to send your complaint. Complaints should be sent to the attention off the appropriate OCR Regional Manager. 
You can submit your complaint in any written format. We recommend that you use the OCR Health Information Privacy Complaint Form which can be found on our web site or at an OCR Regional office. If you prefer, you may submit a written complaint in your own format. Be sure to include the following information in your written complaint: 
Your name, full address, home and work telephone numbers, email address. 
If you are filing a complaint on someone's behalf, also provide the name of the person on whose behalf you are filing. 
Name, full address and phone of the person, agency or organization you believe violated your (or someone else's) health information privacy rights or committed another violation of the Privacy Rule. 
Briefly describe what happened. How, why, and when do believe your (or someone else's) health information privacy rights were violated, or the Privacy Rule otherwise was violated? 
Any other relevant information. 
Please sign your name and date your letter. 
The following information is optional: 
Do you need special accommodations for us to communicate with you about this complaint? 
If we cannot reach you directly, is there someone else we can contact to help us reach you? 
Have you filed your complaint somewhere else? 
The Centers for Medicare and Medicaid has a detailed FAQs section on Transaction and Code Sets and Security Standards on their WEB site. 
The Office of Civil Rights has a detailed FAQs section on Privacy Standards on their WEB site. 
****************************************** 
HTH, and please keep us updated.

naturegirl7 · Jun 20, 2007

Thank you so much for all that info! 
I have printed out all the other law stuff you posted too - just wish I had checked here before going to the HD. Oh well. 
The state rep was fairly good - stated that the video was not required, that I didn't need any insurance info (unless I discovered that I didn't have religious objections to a specific vaccine and decided to get it at that point

uke ), that DS was not required to be present nor sumbit to any exam (which she called them to "confirm they didn't have a policy I don't know about"), that they were required to provide education but not counseling, etc. She called to talk to them and supposedly it was "straightened out" 
It was the people in the IRC HD that never followed thru. They will getting reported. I have an email in to Toni from KNOW with what happened this time....I guess I should call the state rep again too and make her aware of everything that happened....Maybe I should email it instead so that it in writing.... 
I thought that everything she said was a lot of crap - and I did challenge her on everything - the need for a new form since the statue states only one is required, the lack of religious exemption in colleges, the "quarentine" issue since the statue only states he would not be allowed to go to school. I wish I had had the law in hand at that point to make her prove it though. Maybe I should call her and ask her exactly where in says in writing, in the laws, that they could do any of these things....

T&D2005 · Jun 20, 2007

Oh great.. I hope my area is nice :-/ DS is only 9 weeks old but I already dread the interview... that's insane what you went through and I sure hope these HD get educated on this!

suschi · Jun 21, 2007

This is why you need to speak with a supervisor, where in the state statute is the following requirement listed regarding a religious exemption?... 
"that they were required to provide education" 
And if a supervisor gives you the same bull, I would ask them to direct you to the title/chapter/paragraph in which that is stated.

rabrog · Jun 21, 2007

Amazing what will fall out of people's mouths...<img alt="" class="inlineimg" src="http://www.mothering.com/discussions/images/smilies/irked.gif" style="border:0px solid;" title="irked">: 
As you've already been told (and knew in your heart), everything you were told is BS. 
Jenn

FLmomof1/1ontheway · Jan 16, 2008

You gave me all the information and links I was looking for.<img alt="" class="inlineimg" src="http://www.mothering.com/discussions/images/smilies/thumb.gif" style="border:0px solid;" title="thumbs up"><div style="margin:20px;margin-top:5px;">
<div class="smallfont" style="margin-bottom:2px;">Quote:</div>
<table border="0" cellpadding="6" cellspacing="0" width="99%"><tr><td class="alt2" style="border:1px inset;">
<div>Originally Posted by suschi <a href="/community/forum/post/8423778"><img alt="View Post" class="inlineimg" src="/community/img/forum/go_quote.gif" style="border:0px solid;"></a></div>
<div style="font-style:italic;">The law hasn't changed, it's still just this simple statement, 
"(a) The parent of the child objects in writing that the administration of immunizing agents conflicts with his or her religious tenets or practices;" 
that's it, nothing more, nothing less.... 
and I would demand anyone requesting anything additional to show you WHERE in the state law are these additional requirements written. 
Print out a copy of the law and take it with you if needed. <a href="http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch1003/SEC22.HTM&Title=-%3E2002-%3ECh1003-%3ESection%2022" target="_blank">http://www.flsenate.gov/Statutes/ind...->Section%2022</a> 
Also see this, the ssn on the religious waiver has nothing to do with the SHOTS program, there is a completely different form for opting out of that program, no where does it state you are automatically opted out by submitting a religious exemption. 
BEGIN COPY/PASTE: 
7) Florida SHOTS (State Health Online Tracking System) Opt Out Provision - Parents or guardians may elect to decline participation in the Florida immunization registry, Florida SHOTS, by completing a DH Form 1478, Florida SHOTS Notification and Opt Out Form, as incorporated by reference in subsection 64D-3.011(10), F.A.C. and returning the form to the Department of Health. The immunization records of children whose parents choose to opt-out will not be shared with other entities that are allowed by law to have access to the child's immunization record via authorized access to Florida SHOTS. 
(8) Florida SHOTS Private Provider Participation - Any health care practitioner licensed in Florida under Chapter 458, 459 or 464, Florida Statutes may request authorization to access Florida SHOTS by filling out a DOH Form 1479, Authorized Private Provider User Agreement for Access to Florida SHOTS (Florida State Health Online Tracking System), as incorporated by reference in subsection 64D-3.011(10), F.A.C. The DOH Form 1479 will be returned to the Department of Health for processing and authorization to access Florida SHOTS. Notification of access approval and instructions for accessing Florida SHOTS will be provided by the Department of Health. The authorized user and the applicable licensing authority or agency shall notify the Department of Health Bureau of Immunization Florida SHOTS personnel when an authorized user's license or registration has expired or has been suspended or revoked. 
END COPY/PASTE <a href="http://www.doh.state.fl.us/Disease_ctrl/immune/community/64d.htm" target="_blank">http://www.doh.state.fl.us/Disease_c...munity/64d.htm</a> 
Here's the form to opt out, must be signed by the parent making the request, <a href="http://www.flshots.org/_pdfs/OptOutDH-1478.pdf" target="_blank">http://www.flshots.org/_pdfs/OptOutDH-1478.pdf</a> 
All this leads me to believe you didn't speak with a knowledgable person at the state dept. 
And here are the Florida Immunization Guidelines spelled out, <a href="http://www.doh.state.fl.us/Disease_ctrl/immune/schoolguide.pdf" target="_blank">http://www.doh.state.fl.us/Disease_c...choolguide.pdf</a> 
You should print this out for your records because they keep changing the links to it. At the very least, print page 18 which explains the religious exemption but mentions NOTHING about any other requirements to obtain, 
VI. Religious Exemption from Immunization (DH 681) 
A. Request for Religious Exemption: 
1. A request for a religious exemption from immunization requirements 
must be presented on the Department of Health’s Religious Exemption 
From Immunization form (DH 681). 
2. The DH 681 is issued ONLY by county health departments and ONLY 
for a child who is not immunized because of his/her family’s religious 
tenets or practices. 
B. Completion of DH 681: The following information must be completed on the 
DH 681: 
1. The child's complete name, date of birth, and parent or guardian’s name. 
The child’s social security number (SS#) is optional. 
2. Parent's (or guardian's) signature and date of signature. 
3. County health department stamp, signature of the county health 
department director/administrator or their authorized designee, and date 
the form is issued. 
C. Retention of Form: The DH 681 will be kept on file at the school, preschool, 
child care facility, or family day care home in order to facilitate identification 
of any unimmunized/susceptible children needing exclusion during an 
outbreak of a vaccine-preventable disease. 
D. Consistency With Florida Law: Requests for religious exemption from 
immunizations should be consistent with section 232.032, Florida Statutes. 
Exemptions for personal or philosophical reasons are not permitted 
under Florida law.</div>
</td>
</tr></table></div>

suschi · Jan 16, 2008

They have changed the wording in this document leading me to believe the state dept has been fielding quite a few calls. Best to print this out to have on hand when obtaining a religious exemption. Also explains how the records are to be transferred if your child changes schools, meaning you only need to get this form 1 X per child. (BOLD/COLOR EMPHASIS MINE) 
VI. Religious Exemption from Immunization (DH 681) 
A. Request for Religious Exemption: 
1. A request for a religious exemption from immunization requirements must be presented on the Department of Health’s Religious Exemption From Immunization form (DH 681). 
2. The DH 681 is issued ONLY by county health departments and ONLY for a child who is not immunized because of his/her family’s religious tenets or practices. If a parent requests such an exemption, the county health department staff must use the current DH 681 Form, which has been signed by the parent affirming the written statement on the form that a religious conflict exists. 
This form must be issued upon request. 
No other information should be solicited from the parent or guardian. <a href="http://www.doh.state.fl.us/Disease_ctrl/immune/schoolguide.pdf" target="_blank">http://www.doh.state.fl.us/Disease_c...choolguide.pdf</a> 
FLmomof1/1ontheway, glad to be of help.

CanidFL · Jan 16, 2008

Thanks so much for the info Suschi. I have printed it off and will get my exemption whenever I find the time (DS isn’t in daycare yet). 
Here is a question….do you have to fill out the form ahead of time or do you just go in and say “I want a religious exemption for vaccines” and they hand you a form to fill out, sign it and that’s it. 
Another question that maybe should go somewhere else but I will ask here anyway. My midwife said she would provide a medical exemption for us. If you could get a medical exemption would you do that over the religious?

suschi · Jan 16, 2008

<div style="margin:20px;margin-top:5px;">
<div class="smallfont" style="margin-bottom:2px;">Quote:</div>
<table border="0" cellpadding="6" cellspacing="0" width="99%"><tr><td class="alt2" style="border:1px inset;">
<div>Originally Posted by CanidFL <a href="/community/forum/post/10298259"><img alt="View Post" class="inlineimg" src="/community/img/forum/go_quote.gif" style="border:0px solid;"></a></div>
<div style="font-style:italic;">Thanks so much for the info Suschi. I have printed it off and will get my exemption whenever I find the time (DS isn’t in daycare yet). 
Here is a question….do you have to fill out the form ahead of time or do you just go in and say “I want a religious exemption for vaccines” and they hand you a form to fill out, sign it and that’s it. 
Another question that maybe should go somewhere else but I will ask here anyway. My midwife said she would provide a medical exemption for us. If you could get a medical exemption would you do that over the religious?</div>
</td>
</tr></table></div>
The form has to be obtained from the health dept, I don't think they mail them, you have to go pick it up. Best to call first and advise you need to get the form. Keep the paper with you that clearly states the form MUST BE GIVEN UPON REQUEST and no other information requested from the parent so you can quote it if need be, and state that this is information from the Florida State Dept of Imm. If they advise anything that differs, request they send any additional requests in writing. Take your child's birth cert with you in case they want it for indentification, do not give them your child's ssn, they PREFER to have it, but it states CLEARLY on the form that it is OPTIONAL. 
No way would I do a medical exemption. They are normally on a shot by shot basis and you usually have to have a child suffer via shot before they are given. I'm not sure how your midwife plans to write one out, but personally, I would stick w/the religious because it covers all shots and you don't have to almost kill your child first.

Emmeline II · Jan 16, 2008

<div style="margin:20px;margin-top:5px;">
<div class="smallfont" style="margin-bottom:2px;">Quote:</div>
<table border="0" cellpadding="6" cellspacing="0" width="99%"><tr><td class="alt2" style="border:1px inset;">
<div>Originally Posted by CanidFL <a href="/community/forum/post/10298259"><img alt="View Post" class="inlineimg" src="/community/img/forum/go_quote.gif" style="border:0px solid;"></a></div>
<div style="font-style:italic;">T 
Another question that maybe should go somewhere else but I will ask here anyway. My midwife said she would provide a medical exemption for us. If you could get a medical exemption would you do that over the religious?</div>
</td>
</tr></table></div>
Midwives cannot grant medical exemptions.

CanidFL · Jan 16, 2008

I was also wondering how my midwife would do this but I will stick with the religious exemption. So when I go get the form do I sit down and fill it out or take it with me and mail it back? Just want to make sure I plan enough time if I need to sit and wait for 1/2 hour lol.

suschi · Jan 16, 2008

It only takes a moment to fill out the form, you put your child's name, dob, sign and date, and the rep signs it too. If they attempt anything other than than giving the form and signing, show them the paper that states the form must be given upon request and no other info solicited from the parent. I copied the following onto a word doc all taken from the site: <a href="http://www.doh.state.fl.us/Disease_ctrl/immune/schoolguide.pdf" target="_blank">http://www.doh.state.fl.us/Disease_c...choolguide.pdf</a> 
************************************************** * 
IMMUNIZATION GUIDELINES 
Effective March 2007 
Florida Department of Health 
Bureau of Immunization 
4052 Bald Cypress Way 
Bin A-11 
Tallahassee, Florida 32399-1719 
VI. Religious Exemption from Immunization (DH 681) 
A. Request for Religious Exemption: 
1. A request for a religious exemption from immunization requirements must be presented on the Department of Health’s Religious Exemption From Immunization form (DH 681). 
2. The DH 681 is issued ONLY by county health departments and ONLY for a child who is not immunized because of his/her family’s religious tenets or practices. If a parent requests such an exemption, the county health department staff must use the current DH 681 Form, which has been signed by the parent affirming the written statement on the form that a religious conflict exists. This form must be issued upon request. 
No other information should be solicited from the parent or guardian. 
B. Completion of DH 681: 
The following information must be completed on the DH 681: 
1. The child's complete name, date of birth, and parent or guardian’s 
name. 
The child’s Social Security number (SS#) is optional. 
The Florida SHOTS ID should be included, if known. 
2. Parent's (or guardian's) signature and date of signature. <a href="http://www.doh.state.fl.us/Disease_ctrl/immune/schoolguide.pdf" target="_blank">http://www.doh.state.fl.us/Disease_c...choolguide.pdf</a>

Jen78fl · Jan 17, 2008

Thanks for posting that info suschi. I am in FL also. I will be taking the paper that states the form must be given upon request when I file for my son's religious exemption.. 
Naturegirl, Im sorry for all you had to go through! Did you finally get the exemption? 
Jen

FLA dept of health - Please help!

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