Public-domain · open source
OpenJurist

KRS 214.036

Exceptions to testing or immunization requirement

Applied in 2 court decisions — leading case 406 F. Supp. 902 - Kleid v. Bd. of Ed. of Fulton, Ky. Ind. Sch. Dist. (1976)

Most recently applied in Piatt v. Louisville & Jefferson County Board of Education (June 1977)

Effective: September 9, 2021 History: Amended 2021 (1st Extra

(1) Nothing contained in KRS 158.035, 214.010, 214.020, 214.032 to 214.036, and 214.990 shall be construed to require:

(a) The testing for tuberculosis or the immunization of any child at a time when, in the written opinion of his or her attending health care provider, such testing or immunization would be injurious to the child's health;

(b) The immunization of any child whose parents or guardian are opposed to medical immunization against disease, and who object by a written sworn statement to the immunization of such child based on religious grounds; or (c) The immunization of any emancipated minor or adult who is opposed to medical immunization against disease, and who objects by a written sworn statement to the immunization based on religious grounds.

(2) In the event of an epidemic in a given area, the Cabinet for Health and Family Services may require the immunization of all persons within the area of epidemic, against the disease responsible for such epidemic, except that any administrative regulation promulgated pursuant to KRS Chapter 13A, administrative order issued by the cabinet or a local public health department, or executive order issued pursuant to KRS Chapter 39A requiring such immunization shall not include:

(a) The immunization of any child or adult for whom, in the written opinion of his or her attending health care provider, such testing or immunization would be injurious to his or her health;

(b) The immunization of any child whose parents or guardians are opposed to medical immunization against disease and who object by a written sworn statement to the immunization based on religious grounds or conscientiously held beliefs; or (c) The immunization of any emancipated minor or adult who is opposed to medical immunization against disease, and who objects by a written sworn statement to the immunization based on religious grounds or conscientiously held beliefs.

(3) The cabinet shall:

(a) Develop and make available on its Web site a standardized form relating to exemptions in this section from the immunization requirements; and (b) Accept a completed standardized form when submitted.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.