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A BILL TO BE ENTITLED
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AN ACT
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relating to an educational module certificate requirement for |
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certain immunization exemptions; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 38.001(c) and (c-1), Education Code, |
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are amended to read as follows: |
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(c) Immunization is not required for a person's admission to |
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any elementary or secondary school if the person applying for |
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admission: |
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(1) submits to the admitting official: |
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(A) an affidavit or a certificate signed by a |
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physician who is duly registered and licensed to practice medicine |
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in the United States, in which it is stated that, in the physician's |
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opinion, the immunization required poses a significant risk to the |
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health and well-being of the applicant or any member of the |
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applicant's family or household; or |
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(B) the following documents: |
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(i) an affidavit signed by the applicant |
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or, if the applicant is a minor, by the applicant's parent or |
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guardian stating that the applicant declines immunization for |
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reasons of conscience, including a religious belief; and |
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(ii) a certificate verifying that the |
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applicant or, if the applicant is a minor, the applicant's parent or |
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guardian has completed the immunization educational module |
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described by Section 161.0041(f), Health and Safety Code; or |
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(2) is a member of the armed forces of the United |
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States and is on active duty. |
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(c-1) An affidavit submitted under Subsection (c)(1)(B)(i) |
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[Section (c)(1)(B)] must be on a form described by Section |
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161.0041, Health and Safety Code, and must be submitted to the |
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admitting official not later than the 90th day after the date the |
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affidavit is notarized. |
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SECTION 2. Sections 51.9192(d), (d-2), and (d-3), Education |
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Code, are amended to read as follows: |
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(d) A student to whom this section applies or a parent or |
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guardian of the student is not required to comply with Subsection |
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(c) if the student or a parent or guardian of the student submits to |
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the institution: |
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(1) an affidavit or a certificate signed by a |
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physician who is duly registered and licensed to practice medicine |
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in the United States in which it is stated that, in the physician's |
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opinion, the vaccination required would be injurious to the health |
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and well-being of the student; or |
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(2) the following documents: |
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(A) an affidavit signed by the student stating |
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that the student declines the vaccination for bacterial meningitis |
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for reasons of conscience, including a religious belief, or a |
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written or electronic confirmation that the student has completed |
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the Internet-based process described by Subsection (d-3) for |
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declining the vaccination on that basis, as [if] applicable; and |
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(B) a certificate verifying that the student has |
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completed the immunization educational module described by Section |
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161.0041(f), Health and Safety Code [to the student]. |
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(d-2) An affidavit submitted under Subsection (d)(2)(A) |
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[(d)(2)] must be: |
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(1) on a form described by Section 161.0041, Health |
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and Safety Code; and |
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(2) submitted to the appropriate admitting official |
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not later than the 90th day after the date the affidavit is |
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notarized. |
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(d-3) The Department of State Health Services shall develop |
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and implement a secure, Internet-based process to be used |
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exclusively at those public junior colleges that elect to use the |
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process to allow an entering student to apply online for an |
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exemption from the vaccination requirement under this section for |
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reasons of conscience. The online process portal must be designed |
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to ensure that duplicate exemption requests are avoided to the |
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greatest extent possible and provide for submission of the |
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immunization educational module certificate under Subsection |
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(d)(2)(B). The exemption form used by a student to claim an |
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exemption under the process must contain a statement indicating |
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that the student understands the benefits and risks of the |
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immunization and the benefits and risks of not receiving the |
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immunization. |
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SECTION 3. Sections 51.933(d) and (d-1), Education Code, |
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are amended to read as follows: |
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(d) No form of immunization is required for a person's |
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admission to an institution of higher education if the person |
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applying for admission: |
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(1) submits to the admitting official: |
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(A) an affidavit or a certificate signed by a |
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physician who is duly registered and licensed to practice medicine |
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within the United States in which it is stated that, in the |
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physician's opinion, the immunization required poses a significant |
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risk to the health and well-being of the applicant or any member of |
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the applicant's family or household; or |
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(B) the following documents: |
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(i) an affidavit signed by the applicant |
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or, if the applicant is a minor, by the applicant's parent or |
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guardian stating that the applicant declines immunization for |
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reasons of conscience, including a religious belief; and |
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(ii) a certificate verifying that the |
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applicant or, if the applicant is a minor, the applicant's parent or |
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guardian has completed the immunization educational module |
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described by Section 161.0041(f), Health and Safety Code; or |
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(2) is a member of the armed forces of the United |
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States and is on active duty. |
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(d-1) An affidavit submitted under Subsection (d)(1)(B)(i) |
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[Section (d)(1)(B)] must be on a form described by Section |
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161.0041, Health and Safety Code, and must be submitted to the |
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admitting official not later than the 90th day after the date the |
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affidavit is notarized. |
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SECTION 4. Section 161.004(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) A child is exempt from an immunization required by this |
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section if: |
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(1) a parent, managing conservator, or guardian states |
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that the immunization is being declined for reasons of conscience, |
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including a religious belief, and completes the immunization |
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educational module described by Section 161.0041(f); or |
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(2) the immunization is medically contraindicated |
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based on the opinion of a physician licensed by any state in the |
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United States who has examined the child. |
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SECTION 5. The heading to Section 161.0041, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 161.0041. IMMUNIZATION EXEMPTION AFFIDAVIT FORM; |
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IMMUNIZATION EDUCATIONAL MODULE. |
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SECTION 6. Section 161.0041, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsections (a-1), |
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(f), and (g) to read as follows: |
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(a) A person claiming an exemption from a required |
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immunization based on reasons of conscience, including a religious |
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belief, under Section 161.004 of this code, Section 38.001, |
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51.9192, or 51.933, Education Code, or Section 42.043, Human |
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Resources Code, must submit: |
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(1) [complete] an affidavit on a form provided by the |
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department stating the reason for the exemption; and |
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(2) a certificate verifying that the person has |
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completed the immunization educational module described by |
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Subsection (f). |
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(a-1) Subsection (a)(1) [This subsection] does not apply to |
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a person claiming the exemption using the Internet-based process |
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under Section 51.9192(d-3), Education Code. |
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(f) The department shall develop and maintain an Internet |
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website that contains an immunization educational module and |
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verification process to certify successful completion of the |
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module. The module must present evidence-based information that is |
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consistent with information published by the Centers for Disease |
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Control and Prevention concerning: |
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(1) epidemiology; |
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(2) the prevention of disease through the use of |
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vaccines; and |
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(3) the safety and efficacy of vaccines. |
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(g) The department may collect a fee for issuing a |
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certificate described by Subsection (a)(2) in an amount designed to |
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allow the department to recover from module users all of the |
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department's direct and indirect costs in developing and |
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maintaining the Internet website described by Subsection (f). |
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SECTION 7. Sections 42.043(d) and (d-1), Human Resources |
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Code, are amended to read as follows: |
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(d) No immunization may be required for admission to a |
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facility regulated under this chapter if a person applying for a |
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child's admission submits [one of the following affidavits]: |
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(1) an affidavit signed by a licensed physician |
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stating that the immunization poses a significant risk to the |
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health and well-being of the child or a member of the child's family |
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or household; or |
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(2) the following documents: |
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(A) an affidavit signed by the child's parent or |
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guardian stating that the applicant declines immunization for |
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reasons of conscience, including a religious belief; and |
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(B) a certificate verifying that the applicant's |
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parent or guardian has completed the immunization educational |
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module described by Section 161.0041(f), Health and Safety Code. |
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(d-1) An affidavit submitted under Subsection (d)(2)(A) |
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[Section (d)(2)] must be on a form described by Section 161.0041, |
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Health and Safety Code, and must be submitted not later than the |
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90th day after the date the affidavit is notarized. |
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SECTION 8. Not later than December 1, 2017, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt rules to implement Sections 161.0041(f) and (g), Health and |
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Safety Code, as added by this Act. |
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SECTION 9. The change in law made by this Act applies only |
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to a person claiming an immunization exemption on the basis of |
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conscience, including a religious belief, on or after January 1, |
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2018. A person claiming an immunization exemption on the basis of |
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conscience before January 1, 2018, is governed by the law in effect |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 10. This Act takes effect September 1, 2017. |