Re: Montana Laws

[Guest guest]

Here is the current law. The line " A person who falsely claims a religious

exemption is subject to the penalty for false swearing provided in 45-7-202 "

concerns me.

Here is the law they refer to. Any comments?????????????

45-7-202. False swearing. (1) A person commits the offense of false

swearing if he knowingly makes a false statement under oath or equivalent

affirmation or swears or affirms the truth of such a statement previously

made when he does not believe the statement to be true and:

(a) the falsification occurs in an official proceeding;

( the falsification is purposely made to mislead a public servant in

performing his official function; or

© the statement is one which is required by law to be sworn or affirmed

before a notary or other person authorized to administer oaths.

(2) Subsections (4) through (7) of 45-7-201 apply to this section.

(3) A person convicted of false swearing shall be fined not to exceed $500

or be imprisoned in the county jail for any term not to exceed 6 months, or

both.

20-5-403. Immunization required -- release and acceptance of immunization

records. (1) The governing authority of any school other than a

postsecondary school may not allow any person to commence attendance as a

pupil unless the person:

(a) has been immunized against diphtheria, pertussis, tetanus,

poliomyelitis, rubella, mumps, and measles (rubeola) in the manner and with

immunizing agents approved by the department, except that pertussis

vaccination is not required for a person 7 years of age or older;

( has been immunized against Haemophilus influenza type " b " before

enrolling in a preschool if under 5 years of age;

© qualifies for conditional attendance; or

(d) files for an exemption.

(2) (a) The governing authority of a postsecondary school may not allow any

person to commence attendance as a pupil unless the person:

(i) has been immunized against rubella and measles (rubeola) in the manner

and with immunizing agents approved by the department; or

(ii) files for an exemption.

( The governing authority of a postsecondary school may impose

immunization requirements as a condition of attendance that are more

stringent than those required by this part.

(3) A pupil who transfers from one school district to another may photocopy

immunization records in the possession of the school of origin. The school

district to which a pupil transfers shall accept the photocopy as evidence

of immunization. Within 30 days after a transferring pupil ceases attendance

at the school of origin, the school shall send the original immunization

records for the pupil to the school district to which the pupil transfers.

History: En. Sec. 2, Ch. 147, L. 1979; amd. Sec. 1, Ch. 509, L. 1981; amd.

Sec. 1, Ch. 102, L. 1983; amd. Sec. 2, Ch. 644, L. 1989; amd. Sec. 1, Ch.

165, L. 1991.

20-5-404. Conditional attendance. The governing authority of a school other

than a postsecondary school may allow the commencement of attendance in

school by a person who has not been immunized against each disease listed in

20-5-403 if that person has received one or more doses of polio, measles

(rubeola), mumps, rubella, diphtheria, pertussis, Haemophilus influenza type

" b " , and tetanus vaccine, except that pertussis vaccine is not required for

a person 7 years of age or older and Haemophilus influenza type " b " vaccine

is required only for children under 5 years of age.

History: En. Sec. 3, Ch. 147, L. 1979; amd. Sec. 2, Ch. 102, L. 1983; amd.

Sec. 3, Ch. 644, L. 1989; amd. Sec. 2, Ch. 165, L. 1991.

20-5-405. Medical or religious exemption. (1) When a parent, guardian, or

adult who has the responsibility for the care and custody of a minor seeking

to attend school or the person seeking to attend school, if an adult, signs

and files with the governing authority, prior to the commencement of

attendance each school year, a notarized affidavit on a form prescribed by

the department stating that immunization is contrary to the religious tenets

and practices of the signer, immunization of the person seeking to attend

the school may not be required prior to attendance at the school. The

statement must be maintained as part of the person's immunization records. A

person who falsely claims a religious exemption is subject to the penalty

for false swearing provided in 45-7-202.

(2) When a parent, guardian, or adult who has the responsibility for the

care and custody of a minor seeking to attend school, or the person seeking

to attend school, if an adult, files with the governing authority a written

statement signed by a physician licensed to practice medicine in any

jurisdiction of the United States or Canada stating that the physical

condition of the person seeking to attend school or medical circumstances

relating to him indicate that some or all of the required immunizations are

not considered safe and indicating the specific nature and probable duration

of the medical condition or circumstances which contraindicate immunization,

he is exempt from the requirements of this part to the extent indicated by

the physician's statement. The statement must be maintained as part of the

person's immunization records.

(3) Whenever there is good cause to believe that a person for whom an

exemption has been filed under this section has a disease or has been

exposed to a disease listed in 20-5-403 or will as the result of school

attendance be exposed to such disease, the person may be excluded from the

school by the local health officer or the department until the excluding

authority is satisfied that the person no longer risks contracting or

transmitting that disease.

History: En. Sec. 4, Ch. 147, L. 1979; amd. Sec. 3, Ch. 102, L. 1983; amd.

Sec. 4, Ch. 644, L. 1989.

20-5-406. Immunization record. The governing authority of each school shall

require written evidence of each pupil's immunization against the diseases

listed in 20-5-403 and shall record the immunization of each pupil as part

of his permanent school record on a form prescribed by the department.

[Guest guest]

" 20-5-405. Medical or religious exemption. (1) When a parent,

guardian, or adult who has the responsibility for the care and

custody of a minor seeking to attend school or the person seeking to

attend school, if an adult, signs and files with the governing

authority, prior to the commencement of attendance each school year,

a notarized affidavit on a form prescribed by the department stating

that immunization is contrary to the religious tenets and practices

of the signer, immunization of the person seeking to attend the

school may not be required prior to attendance at the school. The

statement must be maintained as part of the person's immunization

records. A person who falsely claims a religious exemption is subject

to the penalty for false swearing provided in 45-7-202. "

I believe I have religious grounds to object to vaccinations

containing fetal tissue from aborted babies, but what about the

rest? My objections to vaccinations are based on medical research

and my right as a parent to discern what is best for my children.

How can this tie into a religious objection? Any scripture anyone

could recommend? Has anyone ever been challenged on this issue?

HELP!!

[Guest guest]

>

>I believe I have religious grounds to object to vaccinations

>containing fetal tissue from aborted babies, but what about the

>rest? My objections to vaccinations are based on medical research

>and my right as a parent to discern what is best for my children.

>How can this tie into a religious objection? Any scripture anyone

>could recommend? Has anyone ever been challenged on this issue?

>HELP!!

If you could clarify if you have a specific religion you ascribe to, it

might help those on the list. The whole list recently went through a big

discussion concerning religous exemptions. You could probably find some

helpful information in the October archives.

Adrienne

[Guest guest]

Thanks Adrienne - it probably would help if I mentioned my religion.

I am a Christian. I'll look through the October archives!!

[Guest guest]

www.tetrahedron.com has a good religious exemption form

>From: " Caryn Jette' " <muzicalmom@...>

>Reply-Vaccinationsegroups

>Vaccinationsegroups

>Subject: Re: Montana Laws

>Date: Fri, 03 Nov 2000 19:53:40 -0000

>

>Thanks Adrienne - it probably would help if I mentioned my religion.

>I am a Christian. I'll look through the October archives!!

>

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[Guest guest]

>

> www.tetrahedron.com has a good religious exemption form

I was unable to locate any exemption form on this website. It took

me to a page for Eikos. Is that right?

[Guest guest]

Thanks! Amazing what a difference a few letters makes:-) And thanks

to Lashanna also for the referal!

> try www.tetrahedron.org?

>