



Quick Facts and Resources for Arkansas Residents
Quick Fact: Immunization requirements shall not apply if the parents/legal guardian of the child or the student objects on the grounds that immunization conflicts with the religious or philosophical beliefs of the parent/guardian or student. To obtain an exemption parents/guardian/student must (1) sign a notarized statement requesting a religious, philosophical or medical exemption from the Department of Health, (2) complete an educational component developed by the Department of Health, (3) sign an informed consent with a refusal to vaccinate statement and (4) sign a statement of understanding that the unimmunized child/student may be removed from school during an outbreak. The pertussis vaccination requirement shall not apply to any child with a sibling, either whole blood or half blood, who has had a serious adverse reaction to the pertussis antigen, which reaction resulted in a total permanent disability. Medical exemptions are also allowed.
Other Resources: Many vaccination and exemption information links provided below are date specific. If the links below have expired, click on the state's department of health, or immunization program link provided in Other State Resources below, as they are likely to provide links to updated information. Please email NVIC with broken link information.
- State Healthcare Workers and Patient Vaccination Laws
- State of Arkansas Legislature – see applicable statutes and their hyperlinks below. Visit NVIC’s Advocacy Portal for information on legislation introduced impacting vaccine exemption rights.
- State of Arkansas Department of Health
- State of Arkansas Immunization Program
- State of Arkansas Vaccine Tracking System – You may also wish to contact your state’s vaccine tracking registry to determine if the ability to opt out is available.
- State of Arkansas Proposed Rule-Making – View your state’s registry to learn about proposed rule-making.
Subtitle 2. Elementary and Secondary Education Generally
Chapter 18. Students
Subchapter 7. Health
Arkansas Code Section 6-18-702. Immunization.
(a) Except as otherwise provided by law, no infant or child shall be admitted to a public or private school or child care facility of this state who has not been age-appropriately immunized from poliomyelitis, diphtheria, tetanus, pertussis, red (rubeola) measles, rubella, and other diseases as designated by the State Board of Health, as evidenced by a certificate of a licensed physician or a public health department acknowledging the immunization.
(b)
(1) The responsibility for the enforcement of this section rests equally with each school district of this state and the parent or guardian of the child or pupil, and each of them shall be separately and individually liable for permitting any violation of this section.
(2)
(A) The Division of Child Care and Early Childhood Education of the Department of Human Services shall be responsible for enforcing this section with respect to child care facilities.
(B) The division may promulgate appropriate rules and regulations, to be approved by the Arkansas Early Childhood Commission, for the enforcement of this section.
(C) The owners or managers of those facilities and any parent or guardian violating the regulations shall be subject to the penalties provided in the Child Care Facility Licensing Act, § 20-78-201 et seq.
(c)
(1)
(A)
(2)(i) The division shall be responsible for enforcing this section with respect to child care facilities.(B) The owners or managers of those facilities and any parent or guardian violating the regulations shall be subject to the penalties provided in the Child Care Facility Licensing Act, § 20-78-201 et seq.
(ii) The division may promulgate appropriate rules and regulations for the enforcement of this section.
(d)(A) Regarding kindergarten through grade 12 (K-12), the State Board of Education, after having consulted with the State Board of Health, shall promulgate appropriate rules and regulations for the enforcement of this section by school boards of directors, superintendents, and principals.
(B) Any school official, parent, or guardian violating the regulations shall be subject to the penalties imposed in this section.
(1)
(A) The State Board of Health shall promulgate rules and regulations to ensure that all exemptions provided by this section shall have a minimal effect on the health and safety of all children attending day care or kindergarten through grade twelve (K-12).(2) The Department of Health, and no other department or entity, shall grant exemptions provided by this section.
(B) The rules shall provide for, but are not limited to, the tracking of those children with exemptions so that appropriate steps may be taken in the event of an outbreak or epidemic.
(3) If in the discretion of the health authority having jurisdiction or of any physician licensed to practice by the Arkansas State Medical Board any person to whom this section applies shall be deemed to have a physical disability that may contraindicate vaccination, a certificate to that effect issued by the health officer may be accepted in lieu of a certificate of vaccination, provided that the exemption shall not apply when the disability shall have been removed.
(4)
(A) This section shall not apply if the parents or legal guardian of that child object thereto on the grounds that immunization conflicts with the religious or philosophical beliefs of the parent or guardian.
(B) The parents or legal guardian of the child shall complete an annual application process developed in the rules and regulations of the Department of Health for medical, religious, and philosophical exemptions.
(C) The rules and regulations developed by the Department of Health for medical, religious, and philosophical exemptions shall include, but not be limited to:
(i) A notarized statement requesting a religious, philosophical, or medical exemption from the Department of Health by the parents or legal guardian of the child regarding the objection;
(ii) Completion of an educational component developed by the Department of Health that includes information on the risks and benefits of vaccination;
(iii) An informed consent from the parents or guardian that shall include a signed statement of refusal to vaccinate based on the Department of Health's refusal-to-vaccinate form; and
(iv) A signed statement of understanding that:
(a) At the discretion of the Department of Health, the unimmunized child or individual may be removed from day care or school during an outbreak if the child or individual is not fully vaccinated; and
(b) The child or individual shall not return to school until the outbreak has been resolved and the Department of Health approves the return to school.
(D) No exemptions may be granted under this subdivision (d)(4) until the application process has been implemented by the Department of Health and completed by the applicant.
(5) Furthermore, the provisions of this section requiring pertussis vaccination shall not apply to any child with a sibling, either whole blood or half blood, who has had a serious adverse reaction to the pertussis antigen, which reaction resulted in a total permanent disability.
(e) Any person found guilty of violating this section or the regulations promulgated by the State Board of Education or the division for the enforcement of this section shall be guilty of a violation and upon conviction shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for each offense.
Title 6. Education
Subtitle 5. Postsecondary and Higher Education Generally
Chapter 60. General Provisions
Subchapter 5. Immunization
Arkansas Code Section 6-60-504. Physical disabilities—Religious objections
(a) If, at the discretion of a medical doctor licensed to practice in Arkansas, an individual is deemed to have a physical disability which may contraindicate one (1) or more of the vaccinations required by this subchapter, a certificate approved by the Department of Health and signed by the medical doctor may be accepted in lieu of proof of vaccination.
(b)
(1) The provisions of this subchapter shall not apply if the individual furnishes to the college or university a letter of exemption from the department.
(2)
(A) The individual shall complete an annual application process developed in the rules and regulations of the department for medical, religious, and philosophical exemptions.
(B) The rules and regulations developed by the department for medical, religious, and philosophical exemptions shall include, but not be limited to:
(i) A notarized statement requesting a religious, philosophical, or medical exemption from the department by the individual regarding the objection;
(ii) Completion of an educational component developed by the department that includes information on the risks and benefits of vaccination;
(iii) An informed consent from the individual that shall include a signed statement of refusal to vaccinate based on the department's refusal-to-vaccinate form; and
(iv) A signed statement of understanding that:
(a) At the discretion of the department, the unimmunized child or individual may be removed from day care or school during an outbreak if the child or individual is not fully vaccinated; and
(b) The child or individual shall not return to school until the outbreak has been resolved and the department approves the return to school.
(3) No exemptions may be granted under this subsection until the application process has been implemented by the department and completed by the applicant.
Title 20. Public Health and Welfare
Subtitle 5. Social Services
Chapter 78. Child Care
Subchapter 2. Licensing of Facilities
Arkansas Code Section 20-78-206(a)(2). Division of Child Care and Early Childhood Education -- Rules and regulations.
(a)
(2)(A)
(i) However, no child care facility shall continue to admit a child who has not been age-appropriately immunized from poliomyelitis, diphtheria, tetanus, pertussis, red (rubeola) measles, rubella, and any other diseases as designated by the State Board of Health within fifteen (15) program days after the child's original admission.(ii) The immunization shall be evidenced by a certificate of a licensed physician or a public health department acknowledging the immunization. The division shall consult with the Commissioner of Education or his or her designated representative in regard to rules and regulations relating to education.
(B)
(i) The provisions of subdivision (a)(2)(A) of this section pertaining to immunizations shall not apply if the parents or legal guardian of that child object thereto on the grounds that immunization conflicts with the religious or philosophical beliefs of the parent or guardian.
(ii) The parents or legal guardian of the child shall complete an annual application process developed in the rules and regulations of the Department of Health for medical, religious, and philosophical exemptions.
(iii) The rules and regulations developed by the Department of Health for medical, religious, and philosophical exemptions shall include, but not be limited to:
(a) A notarized statement requesting a religious, philosophical, or medical exemption from the Department of Health by the parents or legal guardian of the child regarding the objection;
(b) Completion of an educational component developed by the Department of Health that includes information on the risks and benefits of vaccination;
(c) An informed consent from the parents or guardian that shall include a signed statement of refusal to vaccinate based on the Department of Health's refusal-to-vaccinate form; and
(d) A signed statement of understanding that:
(1) At the discretion of the Department of Health, the unimmunized child or individual may be removed from day care or school during an outbreak if the child or individual is not fully vaccinated; and
(2) The child or individual shall not return to school until the outbreak has been resolved and the Department of Health approves the return to school.
(iv) No exemptions may be granted under this subdivision (a)(2)(B) until the application process has been implemented by the Department of Health and completed by the applicant.
(v) Furthermore, the provisions of subdivision (a)(2)(A) of this section requiring pertussis vaccination shall not apply to any child with a sibling, either whole blood or half blood, who has had a serious adverse reaction to the pertussis antigen, which reaction resulted in a total permanent disability.
Title 20. Public Health and Welfare
Subtitle 2. Health and Safety
Chapter 7. State Board of Health – Department of Health
Subchapter 3. State Health Data Clearinghouse Act
Arkansas Code Section 20-7-306(c)(1)(A) Reports – Assistance.
(c)
(1)
(A) With regard to §§ 6-18-702(d), 6-60-504(b), and 20-78-206(a)(2)(B), the department [of Health] shall report every six (6) months to the committees regarding:
(i) The geographic patterns of exemptions, vaccination rates, and exemptions in those areas as well as the rest of the state; and
(ii) Disease incidence of vaccine-preventable diseases collected by the division.
(B) The collection of exemption information shall begin January 4, 2004.(2) [Repealed.]
(C) Reports shall begin at the first interim meeting of the committees.
(3) [Repealed.]
It is recognized and established that, in addition to other authorized persons, any one (1) of the following persons may consent, either orally or otherwise, to any surgical or medical treatment or procedure not prohibited by law that is suggested, recommended, prescribed, or directed by a licensed physician:
…(6) Any emancipated minor, for himself or herself;
(7) Any unemancipated minor of sufficient intelligence to understand and appreciate the consequences of the proposed surgical or medical treatment or procedures, for himself or herself; AR Bureau of Legislative Services | PAW Document Page