Student Exemption From Mandatory Immunization In New Jersey

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Department of Health
Nelson Xavier Cruz,
MS, MBA, HO
Director, Health Services/Health Officer
Email:
Student Exemption From Mandatory Immunization In New Jersey
Quick Fact:
A written statement should be submitted by the student, or the student's parent or guardian if
the student is a minor, explaining how the administration of the vaccine conflicts with the bona
fide religious tenets or practices of the student, or the parent or guardian, as appropriate; except
that a general philosophical or moral objection to the vaccination shall not be sufficient for an
exemption on religious grounds.
New Jersey's Statutory Provisions
The State Sanitary Code (26:1A-9.1) provides for "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. This exemption may be suspended... during the
existence of an emergency..."
Institutions of higher education have two additional provisions. 18A:61D-3. Conflict with
Religious Beliefs: "A student who submits to the institution of higher education a written
statement that immunization conflicts with his religious beliefs shall not be required to submit
a list of immunizations to the institution as a condition of admission or continued enrollment."
Also, 18A:61D-4, "A student who submits to the institution a written statement that an
immunization is medically contraindicated shall submit a valid immunization record of other
administered immunizations in accordance with regulations promulgated by the department.
*** [18A:61D-5] "The provisions of this act shall not be construed as holding any institution
of higher education liable for failure to notify a student of any outbreak of contagious disease,
or the threat of any disease outbreak."
Religious Objection
Individual families may have religious beliefs that preclude the use of vaccination.
Membership in a recognized church that objects to immunization is not necessary. Even those
who belong to churches that do not object to immunization may themselves have religious
objection to immunization. Under the statutes, it is clearly a parental choice. In New Jersey, for
example, "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..." the child is exempt from vaccination. For further
information please go to
73 South Van Brunt Street, Englewood, New Jersey 07631  Telephone (201) 568-3450 / Telefax (201)
568-5738
Web Site:  Email:

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