NJ VACCINATION MANDATES
ALLOWS FOR 2 EXEMPTIONS

In December 2008, Janet DeGraff, Director of Communicable Disease Service at NJDHSS issued this memo regarding immunization exemptions.

The New Jersey Department of Health and Senior Services (NJDHSS) has received numerous inquiries regarding enforcement of N.J.A.C. 8:57 - 4, immunization of Pupils in School. The issue of exemptions to mandatory immunizations has been reviewed by the NJDHSS Office of Legal and Regulatory Affairs and the New Jersey Office of the Attorney General. Below is a summary of the advice received from legal council regarding exemptions to immunization(s).

• Religious Exemptions:
  N.J.S.A. 26:1A - 1 provides an exemption for pupils from mandatory immunization "if the parent or guardian of the pupil objects thereto in a written statement signed by the parent or guardian upon the ground that the proposed immunization interferes with the free exercise of the pupil's religious rights." All schools, child care centers, and local health officers may be advised that the religious exemption extends to private, parochial, and public institutions. When a parent or guardian submits their written religious exemption to immunization, which contains some religious reference, those persons charged with implementing administrative rules at N.J.A.C. 8:57 – 4.4, should not question whether the parent’s professed religious statement or stated belief is reasonable, acceptable, sincere and bona fide. In practice, if the written statement contains the word “religion” or “religious” or some reference thereto, then the statement should be accepted and the religious exemption of mandatory immunization(s) granted. The language requiring how the administration of immunizing agents conflicts with the student’s religious beliefs does not mandate specificity as to membership in a recognized church or religious denomination. NJDHSS will seek to amend the rules at N.J.A.C. 8:57 – 4.4 through the Administrative Rules process to be consistent with N.J.S.A. 26:1A – 1.

• Medical Exemptions:
  N.J.A.C. 8:57 – 4.3 allows for exemptions to immunizations which are medically contraindicated. A written statement shall be submitted to the school, preschool, or child care center from a physician licensed to practice medicine or osteopathy or an advanced practice nurse (certified registered nurse practitioner or clinical nurse specialist) indicating that an immunization is medically contraindicated for a specific period of time, and the reason(s) for the medical contraindication, based upon valid medical reasons as enumerated by the Advisory Committee on Immunization Practices (ACIP) or the American Academy of Pediatrics (AAP) guidelines.

Objections to vaccination based on grounds which are not medical or religious in nature and which are of a philosophical, moral, secular, or more general nature continue to be unacceptable.

NJDHSS hopes that the information provided will enable schools, child care facilities, and local health departments to process requests for exemptions in a more uniform and expeditious manner. NJDHSS remains committed to ensuring that our children and communities are protected against vaccine-preventable diseases. The dramatic decrease in the morbidity and mortality of vaccine-preventable diseases is attributed, in large part, to enforcement of school immunization requirements. The Department remains grateful for all the work expended locally to implement and enforce these important health regulations within the proscribed authority.

If you have any questions, please contact the NJDHSS Vaccine Preventable Disease Program at (609) 588-7512.

Help us add a conscientious exemption to NJ State Immunization Laws - Sign the Petition

NJ Law

Search for 26:1A-9.1 in "Statutes" and Article1 Paragraph 3 in "Constitution" under "Laws and Constitution" in left hand column

This Q&A put out by the NJDHSS includes the new regulations along with Janet DeGraff's Memo. See page 16 for section regarding vaccine exemptions.

More about New Jersey Immunization Laws and Exemptions

Learn about Antibody Titer Testing and the Law in NJ - "Holly's Law"

NJ Dept. of Health and Senior Services MMR titer test law pamplet (PDF)

Go here to read about the law and it's history.
On the right in “Bill Search” choose the 2002-2003 legislative session, then type in S1891 for the Senate Bill and/or A2889 for the Assembly Bill.

For PDF documents. If you do not have Adobe Reader installed on your computer you can get it free here.