Exclusions from compliance are allowable on an individual basis for medical contraindications, religious conflicts, and active duty with the armed forces of the United States. Children and students in these categories must submit evidence for exclusion from compliance as specified in Texas Education Code, Chapter 38 and the Human Resources Code, Chapter 42.

1. (1) Medical contraindications. The child or student must present an affidavit or certificate signed by a physician, duly registered and licensed to practice medicine in the United States, in which it is stated that, in the physician's opinion, the immunization required would be injurious to be the health and well-being of the applicant or any member of his or her family or household. Unless a lifelong condition is specified, the affidavit or certificate is valid for only one year from the date signed by the physician and must be renewed every year for the exclusion to remain in effect.
2. (2) Religious conflicts. A signed affidavit must be presented by the child's parent or guardian stating that the immunization conflicts with the tenets and practices of a recognized religious organization of which the applicant is an adherent or member. This exemption does not apply in times of emergency or outbreak declared by the commissioner of health or local health authority.
3. (3) Armed forces. Persons who can prove that they are serving on active duty with the armed forces of the United States are exempted form the requirements in these sections.

Source Note:The provisions of this §97.62 adopted to be effective September 1, 1978, 3 TexReg 2145; amended to be effective June 27, 1980, 5 TexReg 2404; amended to be effective September 1, 1982, 7 TexReg 18; amended to be effective July 23, 1990, 15 TexReg 3853; amended to be effective June 27, 1995, 20 TexReg 4344; amended to be effective April 28, 1997, 22 TexReg 3521.