NH VACCINATION AND HEALTH – LAWS & RULES
New Hampshire statutory (state law) vaccination requirements apply to any school or child care agency, public or private. See NH RSA 141-C for communicable disease. There is also accompanying statutory provision for exemptions.Schools and childcare centers enforce the vaccination law and rules. They cannot contradict state law nor can they simply ignore part of the law.
When a school or childcare agency is in receipt of a vaccination exemption that meets the state requirements, it would be a clear violation of law to reject such. Applying exemption is a right, not a request. Please read the statutes and rules captioned here; these are extremely straightforward.141-C Communicable Disease
141-C:20-a Immunization –
I. All parents or legal guardians shall have their children who are residing in this state immunized against certain diseases. These diseases shall include, but not be limited to, diphtheria, mumps, pertussis, poliomyelitis, rubella, rubeola, and tetanus. The commissioner shall adopt rules under RSA 541-A relative to other diseases which require immunization.
II. No child shall be admitted or enrolled in any school or child care agency, public or private, unless the following is demonstrated:
(a) Immunization under paragraph I;
(b) Partial immunization relative to the age of the child as specified in rules adopted by the commissioner; or
(c) Exemption under RSA 141-C:20-c.
III. Nothing in this section shall require an immunization/vaccination requirement for diseases that are noncommunicable. Noncommunicable disease means a disease that is not infectious or transmissible from person-to-person.
Source. 1987, 193:7. 1995, 310:183, eff. Nov. 1, 1995. 2017, 137:1, eff. Aug. 15, 2017.141-C:20-c Exemption –
A child shall be exempt from immunization if:
I. A physician licensed under RSA 329, or a physician exempted under RSA 329:21, III, certifies that immunization against a particular disease may be detrimental to the child’s health. The exemption shall exist only for the length of time, in the opinion of the physician, such immunization would be detrimental to the child. An exemption from immunization for one disease shall not affect other required immunizations.
II. A parent or legal guardian objects to immunization because of religious beliefs. The parent or legal guardian shall sign a form stating that the child has not been immunized because of religious beliefs.
Source. 1987, 193:7. 2001, 18:1, eff. Jan. 1, 2002. 2022, 55:1, eff. July 19, 2022.In New Hampshire, medical exemption for childhood vaccination requirements is quite limited and presents challenges. Religious exemption to childhood vaccination requirements is straightforward and protected by state law. Submit your exemption; no additional information or explanation is required under statute. Notarization is no longer needed.
• Your personal convictions are not subject to scrutiny by school nurses, officials, or others.
• It may be helpful to keep extra signed originals to have on hand.
• If the school or organization declines such a form they are breaking the law and ignoring your rights.
• You can respond to such a violation of rights by quoting the law or taking further steps; let us know if you need help.
• Private schools, camps, or daycares cannot deny these rights. (please refrain from spreading contrary/misinformation)Rules have been added which confuse the matter, but the law is clear. When viewing rules, it’s easiest to search that page by number to jump to the applicable section.Rule He-P 300 Diseases
301 Communicable Diseases
301.13 documentation of immunization (e) exemption
301.14 immunization requirementsChild Care Programs/Centers/Daycares licensed by the state of New Hampshire operate under the same vaccination law. These all fall under Child Care licensing.
They cannot contradict state law nor ignore part of the law. When they receive religious exemptions that meet the stated requirements, it would be against the law for them to reject that. Learn your rights and follow the instructions for exemption above.
The licensing authority for this program is the bureau of licensing and certification; childcare licensing unit.NH RSA 141C Communicable Diseases
141C:20 Education (a) immunization requirement (c) exemptionRule He-C 4002 NH Childcare Program Licensing Rules (April 2022)
4002.10 Child Record Requirements (d) requirement (f) exemptions
He-C 4000 Child Care Licensing
4002 NH Childcare Program Licensing Rules
4002.17 Requirements (a) immunization (b) exemptions
(as of May 2023, state has yet to update site to reflect April 2022 changes)Rule He-P 300 Diseases
301 Communicable Diseases
301.13 documentation of immunization (e) exemption
301.14 immunization requirementsCamps licensed by the State of New Hampshire operate under the same vaccination law. They actually fall under Child Care.
They cannot contradict state law nor ignore part of the law. When they receive religious exemptions that meet the stated requirements, it would be against the law for them to reject that. Learn your rights and follow the instructions for exemption above.NH RSA 141C Communicable Diseases
141C:20 Education (a) immunization requirement (c) exemptionNH RSA 170-E Child Day Care, Residential
170-E:2 Definitions III & XI-a
170-E:53a Recreational Camp LicensingHe-C 4000 Child Care Licensing
4003 Youth Recreation Camps
4003.04 license required
4003.38 (b)(3) documentation of immunization unless exemptRule He-P 300 Diseases
301 Communicable Diseases
301.13 documentation of immunization (e) immunization exemption
301.14 immunization requirementsIn regards to physical examination requirements for school. Filing to exercise religious exemption entails simply providing the objection in writing. We suggest using the verbiage from statute. e.g. “Such physical examination is contrary to..”RSA 200 Health and Sanitation
200:32 Physical Examination of Pupils
Surgical mutilation of a female’s genitals is a felony in New Hampshire. Chemical mutilation is morally equivalent. The 14th amendment requires the same protection be afforded to males.
The focus here is protection of minors. We are still adding information. Please let us know if you can help.NH RSA 632-A Sexual Assault and Related Offenses
NH RSA 632-A:10-d Female Genital Mutilation
United States Constitution: 14th Amendment
Equal Protection of the Laws – affords the same protection to males.In October 2022, the Advisory Committee on Immunization Practices (ACIP) has added Covid19 vaccinations to the Centers for Disease Control and Prevention (CDC) Childhood Vaccination Schedule. Many people are concerned what this means for us in New Hampshire.
Covid-19 vaccinations have NOT been added to the schedule for the New Hampshire childhood vaccination schedule. While some states automatically adopt CDC recommendations, that is not the case here. A state sanctioned requirement could only be added by rules or bill making process. At present, the New Hampshire Department of Health and Human Services (NH DHHS) has reiterated that there are no plans to add covid vaccination to the childhood schedule. Regardless, we will not let our guard down, we still have a lot of work to do protect our rights. Please be advised that there is a gaping disparity – Covid Vaccination mandate does apply to the legal children of the fostering family.The commissioner of the NH Department of Health & Human Services the power to adopt rules, under RSA 541-A for child care and placement licensing.
When there is a foster child under the age of 6 or there is a special medical needs child, the household children (up to age 21) of a foster family are required to be up to date on all American Academy of Pediatrics (AAP), the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention (ACIP), and the American Academy of Family Physicians (AAFP). The religious exemption has been removed from the table for these children.
This has nothing to do with the the actual requirements for the foster children, they are addressed under the same laws and rules as all New Hampshire children. Additionally, the foster children are protected from a mandatory COVID shot under RSA 141-C:1-a while benefitting from state funds.He-C-6446 FOSTER FAMILY CARE LICENSING REQUIREMENTS
He-C 6446:14 LICENSE & PERMIT REQUIREMENTS (h) Physical Health Eligibility Criteria which includes vaccination requirements for all existing household members (for children and for adults). This section includes rules that are unlawful and contrary to state law. This section also discriminates on this segment of the population and violates religious rights. The Department lacks the statutory authority for these matters.
RSA 170-E:34 Rulemaking AuthorityA Granite Grok article by New Hampshire State Representative, Jim Kofalt, about this issue.New Hampshire was the last hold out state to implement a state vaccination registry. The New Hampshire Department of Health and Human Services oversees this program referred to as “Immunization Registry” and New Hampshire Immunization Information System (NHIIS). The registry data includes administration and declining of vaccines. It will help providers track compliance and target gaps. Access is given to medical providers, schools, childcare centers, health departments and public health services.
Rules: 300 Communicable Diseases He-P 307.06 “No patient’s immunization/vaccination information shall be entered into the registry without that patient, or the patient’s parent or guardian if the patient is a minor, being given the opportunity to opt-out of the registry.” Notification might be at point of service or posted publicly, but many have reported lack of notification.
To opt out, print and complete the Opt Out form. Provide a copy to all medical providers that may have your vaccine records. They are required to sign and submit. Healthcare providers need to sign it. If you want to see what information is already on file use the records request. If your information is already entered, use the withdrawal form.First, we have “free will”. Also, know that the law protects us.New Hampshire Constitution – Bill of Rights, Article 2-b
“An individual’s right to live free from governmental intrusion in private or personal information is natural, essential, and inherent.”141-C:1-a. Medical Freedom in Immunizations.
I. Every person has the natural, essential, and inherent right to bodily integrity, free from any threat or compulsion by government to accept an immunization.(see section II for limitations)He-P 151:21 XXI Patients’ Bill of Rights
The patient shall not be denied admission, care, or services based solely on the patient’s vaccination status.
(UNDER RESIDENTIAL CARE AND HEALTH FACILITY LICENSING)• When it comes to submitting exemption forms to any entity, remember, it is not a request. You are merely asserting your rights. Every single time a parent accepts discrimination against their child from a school, daycare, or camp, a bite is taken out of the strength of exemptions.
• Know your rights and do not accept anything less. If you are not comfortable with reading legislation, there is no time like the present and these are very straightforward. We have provided the text for you, as well as links to view the relevant legislation on state websites.
• If you don’t know your rights, some schools and daycares will take advantage of that. Read the statutes (posted and linked on this page). It is important to know that nurses, administrators and other officials do not have jurisdiction over the law or your religious convictions.
• It is crucial that we vote for representation in NH that will protect our rights in matters like this one. It is also important to stay involved and to hold representation accountable. Please don’t take it for granted, stand firm in your rights, and report any infringement that you encounter.Please submit questions or concerns that arise. email: [email protected]
We want to hear about any and every case of infringement, and please call your State Rep and Senator too.