Amd §§2164 & 2803-j, Pub Health L; amd §131, Soc Serv L
Requires the administration of certain vaccines for children in accordance with regulations issued by the commissioner, utilizing generally accepted medical standards and based on recommendations of the American Academy of Pediatrics, the American Academy of Family Physicians, the American College of Obstetricians and Gynecologists, the American College of Physicians, the Advisory Committee on Immunization Practices, or other similar nationally or internationally recognized scientific organizations.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9648
SPONSOR: Paulin TITLE OF BILL:
An act to amend the public health law and the social services law, in
relation to vaccines for children
PURPOSE:
This bill would ensure certain vaccine requirements are in accordance
with regulations issued by the commissioner of health and would require
the commissioner to utilize generally accepted medical standards and
consider recommendations of the American Academy of Pediatrics, the
American Academy of Family Physicians, the American College of Obstetri-
cians and Gynecologists, the American College of Physicians, the Advi-
sory Committee on Immunization Practices, or other similar nationally or
internationally recognized scientific organizations for such regu-
lations.
SUMMARY OF PROVISIONS:
Section one amends paragraphs a, b, and c of subdivision 2 of section
2164 of the public health law to ensure children's vaccine requirements
are in accordance with regulations issued by the commissioner of health
and would require the commissioner to utilize generally accepted medical
standards and consider recommendations of the American Academy of Pedia-
trics, the American Academy of Family Physicians, the American College
of Obstetricians and Gynecologists, the American College of Physicians,
the Advisory Committee on Immunization Practices, or other similar
nationally or internationally recognized scientific organizations for
such regulations.
Section two amends paragraph a of subdivision 5 of section 2803-j to
require the immunization schedule for newborn children is in accordance
with regulations issued by the commissioner of health and would require
the commissioner to utilize generally accepted medical standards and
consider recommendations of the American Academy of Pediatrics, the
American Academy of Family Physicians, the American College of Obstetri-
cians and Gynecologists, the American College of Physicians, the Advi-
sory Committee on Immunization Practices, or other similar nationally or
internationally recognized scientific organizations for such regu-
lations.
Section three amends social service law to require social service
districts provide all recipients of public assistance with children five
years of age or less with information on age-appropriate vaccines in
accordance with the commissioners regulations.
Section 4 provides the effective date
JUSTIFICATION:
Currently, the commissioner of health promulgates regulations in
relation to childhood vaccine requirements in New York State. On January
5, 2025, federal health officials announced they would revise routine
childhood immunization recommendations, reducing the current seventeen
routinely recommended vaccines to eleven. This announcement has cause
confusion for providers and parents with young children in the state.
Under the revised immunization schedule, several vaccines that were once
universally recommended for all children - such as hepatitis B and
meningococcal vaccines - are no longer standard for every child. A
hepatitis B vaccination is currently required for children in day care,
pre-k, and for school attendance in New York.
Research shows childhood immunizations are highly effective at protect-
ing children from serious diseases and improving overall health. A 2024
CDC report found that, for U.S. children born between 1994-2023, routine
vaccinations prevented about 508 million illnesses, 32 million hospital-
izations, and 1,129,000 deaths, saving $540 billion directly and $2.7
trillion for society. The report also notes that vaccines for hepatitis
B which is no longer on the CDC's current schedule -- prevented 6
million cases and 940,000 related hospitalizations during this period.**
This bill will provide needed clarity and ensure that Health care
providers in New York State can continue their existing, evidence-based
immunization practices. Specifically, the bill would align childhood
vaccine requirements in the state with regulations issued by the Commis-
sioner of Health, rather than solely relying on the recommendations of
the federal government. The Commissioner would be required to issue such
regulations utilizing generally accepted medical standards and based on
recommendations of the American Academy of Pediatrics, the American
Academy of Family Physicians, the American College of Obstetricians and
Gynecologists, the American College of Physicians, the Advisory Commit-
tee on Immunization Practices, or other similar nationally or interna-
tionally recognized scientific organizations.
LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
Immediate
*
HTTPS://WWW.CDC.GOV/MMWR/VOLUMES/73/ WRIMM7331A2.HTM
* https://ysph.yate.edu/news-article/what-parents- should-know-about-
the-newchildhood-immunization- schedule/
STATE OF NEW YORK
________________________________________________________________________
9648
IN ASSEMBLY
January 21, 2026
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Health
AN ACT to amend the public health law and the social services law, in
relation to vaccines for children
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 2164 of the public health law, as
2 amended by chapter 401 of the laws of 2015, is amended to read as
3 follows:
4 2. a. Every person in parental relation to a child in this state shall
5 have administered to such child an adequate dose or doses of an immuniz-
6 ing agent against poliomyelitis, mumps, measles, diphtheria, rubella,
7 varicella, Haemophilus influenzae type b (Hib), pertussis, tetanus,
8 pneumococcal disease, and hepatitis B, [which meets the standards
9 approved by the United States public health service for such biological
10 products, and which is approved by the department under such conditions
11 as may be specified by the public health council] in accordance with
12 regulations issued by the commissioner, utilizing generally accepted
13 medical standards and based on recommendations of the American Academy
14 of Pediatrics, the American Academy of Family Physicians, the American
15 College of Obstetricians and Gynecologists, the American College of
16 Physicians, the Advisory Committee on Immunization Practices, or other
17 similar nationally or internationally recognized scientific organiza-
18 tions.
19 b. Every person in parental relation to a child in this state born on
20 or after January first, nineteen hundred ninety-four and entering sixth
21 grade or a comparable age level special education program with an unas-
22 signed grade on or after September first, two thousand seven, shall have
23 administered to such child a booster immunization containing diphtheria
24 and tetanus toxoids, and an acellular pertussis vaccine, [which meets
25 the standards approved by the United States public health service for
26 such biological products, and which is approved by the department under
27 such conditions as may be specified by the public health council] in
28 accordance with regulations issued by the commissioner utilizing gener-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14394-02-6
A. 9648 2
1 ally accepted medical standards and based on recommendations of the
2 American Academy of Pediatrics, the American Academy of Family Physi-
3 cians, the American College of Obstetricians and Gynecologists, the
4 American College of Physicians, the Advisory Committee on Immunization
5 Practices, or other similar nationally or internationally recognized
6 scientific organizations.
7 c. Every person in parental relation to a child in this state entering
8 or having entered seventh grade and twelfth grade or a comparable age
9 level special education program with an unassigned grade on or after
10 September first, two thousand sixteen, shall have administered to such
11 child an adequate dose or doses of immunizing agents against meningococ-
12 cal disease [as recommended by the advisory committee on immunization
13 practices of the centers for disease control and prevention, which meets
14 the standards approved by the United States public health service for
15 such biological products, and which is approved by the department under
16 such conditions as may be specified by the public health and planning
17 council] in accordance with regulations issued by the commissioner,
18 utilizing generally accepted medical standards and based on recommenda-
19 tions of the American Academy of Pediatrics, the American Academy of
20 Family Physicians, the American College of Obstetricians and Gynecolo-
21 gists, the American College of Physicians, the Advisory Committee on
22 Immunization Practices, or other similar nationally or internationally
23 recognized scientific organizations.
24 § 2. Paragraph (a) of subdivision 5 of section 2803-j of the public
25 health law, as added by chapter 62 of the laws of 1996, is amended to
26 read as follows:
27 (a) The commissioner shall establish an immunization schedule for
28 newborn children. The immunization schedule shall chart out recommended
29 immunizations against certain diseases and illnesses and age-appropriate
30 times for the administration of each immunization. The immunization
31 schedule shall also include information on the importance of getting
32 children immunized at the recommended ages. The immunization schedule
33 shall also include the toll-free telephone number operated by the
34 department as part of its immunization education efforts. The immuniza-
35 tion schedule shall be in accordance with [recommendations established
36 by the New York state department of health and the immunization prac-
37 tices advisory committee of the United States department of health and
38 human services] regulations issued by the commissioner, utilizing gener-
39 ally accepted medical standards and based on recommendations of the
40 American Academy of Pediatrics, the American Academy of Family Physi-
41 cians, the American College of Obstetricians and Gynecologists, the
42 American College of Physicians, the Advisory Committee on Immunization
43 Practices, or other similar nationally or internationally recognized
44 scientific organizations.
45 § 3. Subdivision 13 of section 131 of the social services law, as
46 added by chapter 61 of the laws of 1996, is amended to read as follows:
47 13. Social services districts shall provide all applicants and recipi-
48 ents of public assistance with children five years of age or less with
49 information and a schedule regarding age-appropriate immunizations for
50 children in accordance with the [recommendations of the department of
51 health and the immunization practices advisory committee of the United
52 States department of health and human services] regulations issued by
53 the commissioner, utilizing generally accepted medical standards and
54 based on recommendations of the American Academy of Pediatrics, the
55 American Academy of Family Physicians, the American College of Obstetri-
56 cians and Gynecologists, the American College of Physicians, the Advi-
A. 9648 3
1 sory Committee on Immunization Practices, or other similar nationally or
2 internationally recognized scientific organizations. The telephone
3 number of the local county health department shall be included on the
4 immunization schedule.
5 § 4. This act shall take effect immediately.
