Exclusions from compliance are allowable on an individual basis for medical contraindications, reasons of conscience, including a religious belief, and active duty with the armed forces of the United States. Children and students seeking enrollment in schools, child-care facilities, or institutions of higher education, including students enrolled in health-related and veterinary courses, must submit evidence for exclusion from compliance as specified in the Health and Safety Code §161.004(d), Health and Safety Code §161.0041, Education Code Chapter 38, Education Code §51.933(d), Human Resources Code Chapter 42, and §97.64 of this subchapter (relating to Required Vaccinations and Exclusions for Students Enrolled in Health-related and Veterinary Courses in Institutions of Higher Education).

1. (1) To claim an exclusion for medical reasons, the child or student must present an exemption statement to the school or child-care facility, dated and signed by a physician (M.D. or D.O.), properly licensed and in good standing in any state in the United States who has examined the child or student. The statement must state that, in the physician's opinion, the vaccine required is medically contraindicated or poses a significant risk to the health and well-being of the child or student or any member of the child's or student's household. Unless it is written in the statement that a lifelong condition exists, the exemption statement is valid for only one year from the date signed by the physician.

2. (2) To claim an exclusion for reasons of conscience, including a religious belief, the child's parent, legal guardian, or a student 18 years of age or older must present to the school or child-care facility a completed, signed, and notarized affidavit on a form provided by the department stating that the child's parent, legal guardian, or the student declines vaccinations for reasons of conscience, including because of the person's religious beliefs. The affidavit will be valid for a two-year period from the date of notarization. A child or student, who has not received the required immunizations for reasons of conscience, including religious beliefs, may be excluded from school in times of emergency or epidemic declared by the commissioner of the department.

   1. (A) A person claiming exclusion for reasons of conscience, including a religious belief, from a required immunization may only obtain the affidavit form from the department by:

      1. (i) downloading the affidavit form from the department's internet website, or
      2. (ii) submitting a request (via online, fax, mail, or hand-delivery) to the department.

   2. (B) A request for a mailed affidavit submitted online, fax, mail, or hand-delivery must include the following information:

      1. (i) complete mailing address, including name, address, and telephone number; and
      2. (ii) number of requested affidavit forms.

   3. (C) Requests for mailed affidavit forms must be submitted to the department through one of the following methods:

      1. (i) written request through the United States Postal Service (or other commercial carrier) to the department at: DSHS Immunization Branch, Mail Code 1946, P.O. Box 149347, Austin, Texas 78714-9347;
      2. (ii) by fax to (512) 776-7544;
      3. (iii) by hand-delivery to the department's physical address at 1100 West 49th Street, Austin, Texas 78756; or
      4. (iv) via the department's Immunization program website (at www.ImmunizeTexas.com).
   4. (D) The department will mail the requested affidavit forms to the specified mailing address.
   5. (E) The department may not maintain a record of the personally identifiable information of individuals who request an affidavit and must return the original documents (when applicable) with the requested affidavit forms.
3. (3) To claim an exclusion for armed forces, persons who can prove active duty service with the armed forces of the United States are exempted from the requirements in these sections.

Source Note:The provisions of this §97.62 adopted to be effective April 1, 2004, 29 TexReg 3188; amended to be effective December 16, 2007, 32 TexReg 9125; amended to be effective July 28, 2016, 41 TexReg 5422; amended to be effective October 8, 2025, 50 TexReg 6493.