Delaware Immunization Requirements

 (Updated December 1993)

Authority: DeL Code Ann. tit. 14, @131, Delaware Store Board of Health, Regulations for the Control of Commwticable and Other Diseare Conditions,  @7 et seq. (1990)

General Rule: "Preschool children who have attained 18 months," those under 18 months "enrolled in child care facilities," "any child entering private school" between the ages of 2 months and 18 years, and children attending public schools must be immunized. DSBH Regs. @@ 7.1.1 to .3., DC4 14, @131(a).

     All full-time students of post-secondary educational institutions and all full and part-time students engaged in patient-care related curriculums, shall be required to show evidence of immunity to measles, rubella and mumps prior to enrollment starting September 1, 1991.

     Generally the statute empowers the "State Board of Education, with advice from the Division of Public Health," to "adopt and promulgate rules and regulations to establish an immunization program." DCA 14, @131 (a).

Exceptions: There is an allowance for three waivers:

     1)  children whose physicians have submitted, in writing, that a specific immunizing agent would be harmful to that child; and, DCBH Regs. 3 7.1.6.

     2)  children whose parents or guardians present a notarized document that immunization is against their religious beliefs." DCBHRegs. @7.1.6.  The statute presents a format with proper wording for the affidavit. Pertinently the affidavit includes the wording:

O (We) hereby (swear) (affirm) that O subscribe to a belief in a relation to a Supreme Being involving duties superior to those arising from any human relation.

O (We) hereby (swear) (affirm) that our belief is sincere and meaningful and occupies a place in (my(our) life parallel to that filled by the orthodox belief in God. This belief is not a political, sociological or philosophical view of a merely personal moral code. DCA 14, @131(a)(6)

3) In addition to the first two waivers, students attending post-secondary institutions may show laboratory evidence of immunity to measles, rubella or mumps, or documented history of measles and mumps to be exempted from immunization requirements. DCBHRegs. @7.1.12.

Definitions:

Child Care Facility - Any organization or business created for, and having as its major purpose, the daily care and/or education of children under the age of 7 years. DCBH Regs. Part EI. 5.

Post-Secondary Institution - State universities, private colleges, technical and community colleges, vocational technical schools and hospital nursing schools." DCBH Regs. 7.1.12.4.

Strategy: If the respective religion, and court interpretation, allows it then use the statutory waiver affidavit. If not, the other waivers are extremely narrow.