Hepatitis B Vaccines at Birth and Parental Rights

When a baby is born, several tests and treatments are common protocol for U.S. medical personnel. One is administration of the Hepatitis B immunization, which is generally given within one day of birth.

While the HepB vaccine is commonly given to newborns across the U.S., is it legally required in your state?

Hepatitis B is a liver infection resulting from the Hepatitis B virus, which is transmitted through bodily fluids. It can either be acute or chronic. Acute is short term, generally less than six months. Chronic, on the other hand, is long term, lasting for longer than six months.

Per CDC recommendations, the vaccine doses at birth are the first in a series of three doses, with the second being administered at 1-2 months and the third at 6-18 months. 

Most states do not have any laws that specifically require the Hepatitis B vaccine be administered to newborns, yet most hospitals will urge it.

Many states require that pregnant women be tested for Hepatitis B infection (often through a blood sample). Several states require that infants born to women who test positive for Hepatitis B be immunized. These states may also require that Hepatitis B immune globulin be administered to the newborn. Some of these states also require immunization if the mother’s HepB status is unknown.

Only a few states have requirements for all newborns to receive the vaccine at birth. When they do, exemptions are typically available.

Heritage Defense supports parents’ rights to make these medical decisions for their children. We encourage parents to learn about the law and their rights regarding the Hepatitis B vaccine and to discuss it with their medical providers in advance of labor and delivery.

Remember that non-members can access the Law and Policy vault with a free account. Log in to see the law on HepB vaccines in your state, and check out all of the other issues we cover in the vault.

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