U.S. VACCINE LEGAL EXEMPTION CATEGORIES OVERVIEW[1]
© Alan G. Phillips, J.D.

[Revised: January 10, 2024]

MORE EXEMPTION INFORMATION:


  • EDUCATION
    • Daycare
    • Grade School
    • College
      • Domestic Enrollee
      • Foreign Enrollee (see also Travel)
      • Internships and Student Clinical Work


             *Subcategories of Daycare, School, and College:

      • Public
      • Private
        • Parochial
        • Non-parochial
      • Homeschooling
      • Military

  • EMPLOYMENT
    • Civilian
      • Religious Objections
        • FCRA[2] Applies (=> 15 employees)
          • Employees as defined by FCRA
          • Employee Applicants
          • Non-Employee Trainees/Apprentices under FCRA
        • RCRA doesn’t apply (< 15 employees)
          • State Exemption Laws (if any still remain)
      • Medical Exemptions
        • ADA[3] Applies (=> 15 employees)
        • ADA Doesn’t Apply (< 15 employees or Non-ADA medical condition)
          • States With an Exemption Law (about 1/2 dozen states)
          • States With No Exemption Law
    • Military
      • Navy (includes Marines)
      • Air Force
      • Coast Guard
      • Army


             *Subsets of all Military Branches:

      • FCRA per DoD[4] and Branch-Specific Regulations
      • ADA per DoD and Branch-Specific Regulations

  • IMMIGRATION
    • Routine Immigration
      • Immigrants Living Outside the U.S.
      • Immigrants Already Living Inside the U.S.
    • Foreign-Adopted Children
    • Refugees
    • Asylees

  • VACCINE CHILD CUSTODY DISPUTES
    • Parental Disputes
      • Parents Divorcing/Divorced
      • Non-Married Parents Separated
    • Family Disputes (e.g., grandparents vs. parents)
    • Dependency Cases (abuse and neglect, state vs. parents)

  • ADOPTION
    • Intrastate
    • Interstate
    • International (see also Immigration)

  • BIRTH
    • States With Applicable Exemption Laws
    • States With No Applicable Exemption Law
    • Federal (e.g., on military bases)

  • TRAVEL
    • Domestic (may be relevant only in declared emergencies)
      • Intrastate
      • Interstate
    • International (IHR[5])
      • For Employment
      • For Formal Education (e.g., foreign college)
      • Other (visiting, tourism, recreational)


             Subcategories of Employment, Education, and Other:

      • Short-Term Stay/Visit
      • Long-Term Stay/Visit

  • CLINICAL STUDIES
    (exemption for clinical study participants)

  • EMERGENCIES
    • Federal Constitutional Rights
      (Balanced with Emergency Needs as Determined by Government Health Authorities)
    • States With Explicit Emergency Exemption Laws
    • States Without Explicit Emergency Exemption Laws
    • Outbreak vs. Emergency

  • EXEMPTION-RELATED MATTERS
    (avoiding vaccines where no exemption law applies)
    • Surgical Operations
      (where doctor and/or hospital policy requires immunization to get the procedure)

  • NATIVE AMERICAN RESERVATIONS
    (A subcategory of many of the above categories and subcategories)


[1] This outline is illustrative and may not be include all categories and subcategories.
   Categories and subcategories are determined as to situations where different law applies or may apply with respect to the other listed categories and subcategories.

[2] Federal Civil Rights Act of 1964

[3] Americans With Disabilities Act

[4] Department of Defense

[5] International Health Regulations of the World Health Organization