5.0. Exemptions.

• 5.01 General Requirements

• 5.01.1 Exemptions shall be granted only by the Department of Health.

• 5.01.2 Individuals shall complete an annual application for medical, religious, and philosophical exemptions.

• 5.01.3 A notarized statement by the individual requesting the exemption must accompany the application.

• 5.01.4 All individuals requesting an exemption must complete an educational component developed by the Department of Health that includes information on the risks and benefits of vaccinations.

• 5.01.5 All individuals must sign an "informed consent" form provided by the Department of Health that includes:

• 5.01.5.1 A statement of refusal to vaccinate;

• 5.01.5.2 A statement of understanding that at the discretion of the Department of Health the non-immunized child or individual may be removed from the applicable facility (for 21 days or longer) during an outbreak if the child or individual is not fully vaccinated; and

• 5.01.5.3 A statement of understanding that the child or individual shall not return to the applicable facility until the outbreak has been resolved and the Department of Health approves the return.

5.03 Religious Exemptions

• 5.03.4 In addition to the general requirements found in section 5.01, the Department of Health, Immunization Section's standard form for religious exemptions must be submitted to the Immunization Section. This form is available from the Immunization Section upon request.

5.04 Philosophical Exemptions

• 5.04.1 In addition to the general requirements found in section 5.01, the Department of Health Immunization Section's standard form for philosophical exemptions must be submitted to the Immunization Section. This form is available from the Immunization Section upon request.

(4)

• (A) This section shall not apply if the parents or legal guardian of that child object thereto on the grounds that immunization conflicts with the religious or philosophical beliefs of the parent or guardian.

• (B) The parents or legal guardian of the child shall complete an annual application process developed in the rules of the Department of Health for medical, religious, and philosophical exemptions.

• (C) The rules developed by the Department of Health for medical, religious, and philosophical exemptions shall include, but not be limited to:

  • (i) A notarized statement requesting a religious, philosophical, or medical exemption from the Department of Health by the parents or legal guardian of the child regarding the objection;

  • (ii)Completion of an educational component developed by the Department of Health that includes information on the risks and benefits of vaccination;

  • (iii)An informed consent from the parents or guardian that shall include a signed statement of refusal to vaccinate based on the Department of Health's refusal-to-vaccinate form; and

  • (iv)A signed statement of understanding that:

    • (a) At the discretion of the Department of Health, the unimmunized child or individual may be removed from day care or school during an outbreak if the child or individual is not fully vaccinated; and

    • (b) The child or individual shall not return to school until the outbreak has been resolved and the Department of Health approves the return to school.

• (D) No exemptions may be granted under this subdivision (d)(4) until the application process has been implemented by the Department of Health and completed by the applicant.

(a) If, at the discretion of a medical doctor licensed to practice in Arkansas, an individual is deemed to have a physical disability which may contraindicate one (1) or more of the vaccinations required by this subchapter, a certificate approved by the Department of Health and signed by the medical doctor may be accepted in lieu of proof of vaccination.

(b)

• (1) The provisions of this subchapter shall not apply if the individual furnishes to the college or university a letter of exemption from the department.

• (2)

  • (A) The individual shall complete an annual application process developed in the rules of the department for medical, religious, and philosophical exemptions.

  • (B) The rules developed by the department for medical, religious, and philosophical exemptions shall include, but not be limited to:

    • (i) A notarized statement requesting a religious, philosophical, or medical exemption from the department by the individual regarding the objection;

    • (ii) Completion of an educational component developed by the department that includes information on the risks and benefits of vaccination;

    • (iii)An informed consent from the individual that shall include a signed statement of refusal to vaccinate based on the department's refusal-to vaccinate form; and

    • (iv) A signed statement of understanding that:

    • (a) At the discretion of the department, the unimmunized child or individual may be removed from day care or school during an outbreak if the child or individual is not fully vaccinated; and

    • (b) The child or individual shall not return to school until the outbreak has been resolved and the department approves the return to school.