A00943 Summary:

BILL NOA00943
 
SAME ASSAME AS S01536
 
SPONSORAbinanti
 
COSPNSRColton, Kolb, Clark
 
MLTSPNSRArroyo, Kearns, McDonough
 
Amd SS2164 & 2165, Pub Health L
 
Enacts the "philosophical exemption to immunizations act" in order to establish an exemption to mandatory immunizations.
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A00943 Actions:

BILL NOA00943
 
01/08/2015referred to health
02/18/2015enacting clause stricken
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A00943 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           943
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 8, 2015
                                       ___________
 
        Introduced  by M. of A. ABINANTI, COLTON, KOLB, CLARK -- Multi-Sponsored
          by -- M. of A.  ARROYO, McDONOUGH, THIELE -- read once and referred to
          the Committee on Health
 
        AN ACT to amend the public health  law,  in  relation  to  enacting  the
          "philosophical exemption to immunizations act"
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited as the "philosoph-
     2  ical exemption to immunizations act".
     3    § 2. Subdivision 6 of section  2164  of  the  public  health  law,  as
     4  amended  by  chapter  189  of  the  laws  of 2006, is amended to read as
     5  follows:
     6    6. In the event that a person in parental relation to  a  child  makes
     7  application  for  admission  of  such  child  to a school or has a child
     8  attending school and there exists no  certificate  or  other  acceptable
     9  evidence  of  the  child's  immunization  against  poliomyelitis, mumps,
    10  measles, diphtheria, rubella, varicella, hepatitis B,  pertussis,  teta-
    11  nus,  and,  where  applicable,  Haemophilus  influenzae type b (Hib) and
    12  pneumococcal disease, the principal, teacher, owner or person in  charge
    13  of  the  school  shall  inform  such person of the necessity to have the
    14  child immunized, that such  immunization  may  be  administered  by  any
    15  health  practitioner,  or that the child may be immunized without charge
    16  by the health officer in the county where the  child  resides,  if  such
    17  person  executes  a  consent  therefor  and  provide a form citing other
    18  options of compliance as noted in this section.  In the event that  such
    19  person  does  not wish to select a health practitioner to administer the
    20  immunization, [he or she shall  be  provided  with  a  form  which]  the
    21  provided form shall give notice that as a prerequisite to processing the
    22  application for admission to, or for continued attendance at, the school
    23  such person shall state a valid reason for withholding consent, or check
    24  a fixed statement pre-printed on the form indicating his or her personal
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04347-01-5

        A. 943                              2
 
     1  objection  to  immunizations,  medical testing and treatments or consent
     2  shall be given for immunization to be administered by a  health  officer
     3  in  the public employ, or by a school physician or nurse. The form shall
     4  provide  for the execution of a consent by such person and it shall also
     5  state that such person need not  execute  such  consent  if  subdivision
     6  eight or nine of this section apply to such child.
     7    §  3.  The opening paragraph of subdivision 8-a of section 2164 of the
     8  public health law, as amended by chapter 189 of the  laws  of  2006,  is
     9  amended to read as follows:
    10    Whenever  a  child has been refused admission to, or continued attend-
    11  ance at, a school as provided for in subdivision seven of  this  section
    12  because  there exists no certificate provided for in subdivision five of
    13  this section or other acceptable evidence of  the  child's  immunization
    14  against  poliomyelitis,  mumps, measles, diphtheria, rubella, varicella,
    15  hepatitis B, pertussis,  tetanus,  and,  where  applicable,  Haemophilus
    16  influenzae  type  b (Hib) and pneumococcal disease, or other evidence of
    17  compliance as noted in this section, the principal,  teacher,  owner  or
    18  person in charge of the school shall:
    19    §  4. Subdivision 9 of section 2164 of the public health law, as sepa-
    20  rately amended by chapters 405 and 538 of the laws of 1989,  is  amended
    21  to read as follows:
    22    9.  This section shall not apply to children whose parent, parents, or
    23  guardian hold personal  objections  or  genuine  and  sincere  religious
    24  beliefs  which  are  contrary  to  the practices herein required, and no
    25  certificate of immunization,  medical  tests  and  treatments  shall  be
    26  required  as  a prerequisite to such children being admitted or received
    27  into school or attending school.
    28    § 5. Subdivision 6 of section 2165 of the public health law, as  added
    29  by chapter 405 of the laws of 1989, is amended to read as follows:
    30    6. In the event that a student registers at an institution and has not
    31  complied  with  subdivision  two  of this section, the institution shall
    32  inform such student of the necessity to be immunized, that such  immuni-
    33  zation  may  be  administered  by  any  health practitioner, or that the
    34  student may be immunized without charge by the  health  officer  in  the
    35  county where the student resides or in which the institution is located,
    36  and  provide  a  form citing the other options of compliance as noted in
    37  this section.  In the event that such student does not comply with  this
    38  section, he or she shall be given notice that attendance at the institu-
    39  tion  requires  immunization  unless  a valid reason is provided by such
    40  student pursuant to subdivision eight or nine of this section or  unless
    41  such student has checked a fixed statement pre-printed on the form indi-
    42  cating a personal objection to immunizations, medical testing and treat-
    43  ments.
    44    §  6. Subdivision 9 of section 2165 of the public health law, as added
    45  by chapter 405 of the laws of 1989, is amended to read as follows:
    46    9. This section shall  not  apply  to  a  person  who  holds  personal
    47  objections  or  genuine and sincere religious beliefs which are contrary
    48  to the practices herein required, and no  certificate  of  immunization,
    49  medical tests and treatments shall be required as a prerequisite to such
    50  person being admitted or received into or attending an institution.
    51    § 7. This act shall take effect immediately.
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