NH CHILDHOOD HEALTH REQUIREMENT LAWS & RULES

CHILDHOOD VACCINATIONS

New Hampshire’s childhood vaccination requirements are statutory (state law) and there is statutory provision for exemptions. Schools, programs, camps, and daycare centers enforce these vaccination laws. They cannot issue additional vaccination requirements, restrictions, conditions, omissions, or contradictions to state law. When in receipt of a vaccination exemption that meets the state requirements, it would be a clear violation of law to reject such. Please read the statutes and rules captioned here; these are extremely straightforward.

requirement:

exemptions:

simple form:

links to statutes & rules:

141-C:20-a Immunization

141-C:20-c Exemptions

Also see: NH Code of Aministrative Rules He-P 301.13 to 301.15

WHAT ABOUT DAYCARE?

Daycares licensed by the state of New Hampshire operate under the same vaccination law.

They cannot issue additional vaccination requirements, restrictions, conditions, omissions, or contradictions to state 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.

daycare:

link to rules:

NH Childcare Administrative Rules He-C 4002
(as of October 2022, state has yet to update site to reflect April 2022 changes)

Rules He-C 4002 as adopted April 2022
(as adopted April of 2022)(see He-C 4002:10 page 21 & 22)

WHAT ABOUT CAMPS?

Camps licensed by the State of New Hampshire operate under the same vaccination law.

They cannot issue additional vaccination requirements, restrictions, conditions, omissions, or contradictions to state 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.

camp:

definitions:

link to rules:

NH Childcare Administrative Rules He-C 4000
(see He-C 4003 – Youth Recreation Camps)

CHILDHOOD PHYSICAL EXAM

Religious exemption entails simply providing the objection in writing; we suggest using the verbiage from statute. e.g. “Such physical examination is contrary to..”

physical exam:

CHILDHOOD MANDATE FOR COVID INJECTIONS?

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 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.

FOSTER CARE REQUIREMENTS

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.

A Granite Grok article by New Hampshire State Representative, Jim Kofalt, about this issue.

rule-making:

link to rules:

medical freedom:

links to statutes & rules:

NH VACCINATION REGISTRY

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.

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 us the records request. If your information is already entered, use the withdrawal form.

OTHER RELATED LAWS

Article 2-b to the New Hampshire Constitution “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. Accordingly, no person may be compelled to receive an immunization for COVID-19 in order to secure, receive, or access any public facility, any public benefit, or any public service from the state of New Hampshire, or any political subdivision thereof, including but not limited to counties, cities, towns, precincts, water districts, school districts, school administrative units, or quasi-public entities.

II. Paragraph I shall not:
(a) Limit the commissioner’s authority to order treatment pursuant to RSA 141-C:15 or RSA 141-C:18, nor to order quarantine pursuant to RSA 141-C:11 or RSA 141-C:18.
(b) Supersede the requirement for vaccination as a prerequisite for admission to a school or child care agency pursuant to RSA 141-C:20-a, II.
(c) Supersede the involuntary emergency admission process pursuant to RSA 135-C:27-33; the revocation of conditional discharge process under RSA 135-C:51; or involuntary treatment of patients compliant with RSA 135-C:57, III.
(d) Limit treatment authorized by a guardian over a person; or short term treatment of a personal safety emergency declared by a licensed physician or nurse practitioner in a psychiatric care setting, or authorized by a surrogate decision maker or durable power of attorney for health care delegated by the person while competent to make decisions for them during periods when they are not competent, pursuant to RSA 137-J.
(e) Apply to a county nursing home, the New Hampshire state hospital, or any other medical facility or provider operated by the state of New Hampshire or any political subdivision identified in paragraph I, which is subject to a valid and enforceable Medicare or Medicaid condition of participation that imposes a vaccination requirement. Such facilities or providers shall, upon the request of an individual for whom vaccination is required under federal regulations promulgated by the Centers for Medicare and Medicaid Services, grant such exemption on medical or religious grounds, subject to the conditions established in subparagraphs (1) and (2).
(1) The written request for a religious exemption shall simply state: “I, (insert requestor’s name), hereby attest that I sincerely hold religious beliefs and/or engage in religious practices or observances that dictate the refusal to accept the required vaccination(s). (Insert requestor’s signature and date.)” With the assistance of the employee, the employer shall document and evaluate the request to ensure that the individual submitting the request is covered under the organization’s vaccine policy, that the request is submitted on the appropriate form, and that the requestor has properly signed and dated the form. The employer shall record the date upon which the request was received in accordance with company policy. The employer shall maintain the request in organization records for a period of not less than one year. The employer may deny the request for a religious exemption in cases in which there is a compelling rationale or evidence to believe the employee is acting fraudulently.
(2) The written request for a medical exemption shall include documentation as required under federal regulations promulgated by the Centers for Medicare and Medicare Services. The employer shall evaluate the request to ensure that the individual submitting the request is covered under the organization’s vaccine policy, that the request is submitted on the appropriate form, and that the requestor has properly signed and dated the form. The employer shall record the date upon which the request was received in accordance with company policy. The employer shall maintain the request in organization records for a period of not less than one year.
III. The department of corrections may mandate medical treatment or immunization for inmates when a direct threat exists as defined in 28 CFR section 36.208.


Non-descrimination in Healthcare setting:

RSA 151:21 Patients Bill of Rights
XXII. Non-discrimination The patient shall not be denied admission, care, or services based solely on the patient’s vaccination status.
(HFNH actively supported this legislation through the process)

EXERCISING & PROTECTING OUR RIGHTS

•  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.

CONTACT US

 Please submit questions or concerns that arise. email: admin@hfnh.org
 We want to hear about any and every case of infringement, and please call your State Rep and Senator too.