S00163 Summary:

BILL NOS00163
 
SAME ASNo Same As
 
SPONSORRIVERA
 
COSPNSR
 
MLTSPNSR
 
Amd §§2164 & 2165, Pub Health L
 
Extends the protections of the medical exemption from mandatory immunizations for students to ensure deference to the professional assessments of physicians, nurse practitioners and physician assistants in the care of their individual patients.
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S00163 Actions:

BILL NOS00163
 
01/04/2017REFERRED TO HEALTH
01/03/2018REFERRED TO HEALTH
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S00163 Committee Votes:

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S00163 Floor Votes:

There are no votes for this bill in this legislative session.
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S00163 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           163
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 4, 2017
                                       ___________
 
        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
 
        AN ACT to amend the public  health  law,  in  relation  to  the  medical
          exemption from mandatory immunizations for students

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The provisions of this act are not intended to detract from
     2  the public health purpose of school immunization legislation.  This  act
     3  is  intended  to  ensure  deference  to  the professional assessments of
     4  physicians, nurse practitioners and physician assistants in the care  of
     5  their individual patients.
     6    §  2.  Subdivision  8  of  section  2164  of the public health law, as
     7  amended by chapter 401 of the laws  of  2015,  is  amended  to  read  as
     8  follows:
     9    8.  [If]  Upon submission of a written opinion by any physician, nurse
    10  practitioner or physician assistant licensed to practice  [medicine]  in
    11  this state [certifies] stating that the physician, nurse practitioner or
    12  physician  assistant  believes such immunization or immunizations may be
    13  detrimental to a child's health, or  is  otherwise  contraindicated  for
    14  health  reasons,  the  physician's,  nurse  practitioner's  or physician
    15  assistant's determination shall prevail and  the  requirements  of  this
    16  section shall be inapplicable until the child's physician, nurse practi-
    17  tioner  or  physician assistant finds such immunization or immunizations
    18  is [found] or are no longer [to be] detrimental to the child's health or
    19  is or are no longer contraindicated for health reasons.
    20    § 3. Subdivision 8 of section 2165 of the public health law, as  added
    21  by chapter 405 of the laws of 1989, is amended to read as follows:
    22    8. [If] Upon submission of a written opinion by any licensed physician
    23  [or], nurse practitioner [certifies] or physician assistant stating that
    24  the  physician,  nurse practitioner or physician assistant believes such
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00874-01-7

        S. 163                              2
 
     1  immunization or immunizations may be detrimental to the person's  health
     2  or  is  otherwise  [medically]  contraindicated  for health reasons, the
     3  physician's, nurse practitioner's or physician assistant's determination
     4  shall prevail and the requirements of this section shall be inapplicable
     5  until  the person's physician, nurse practitioner or physician assistant
     6  finds such immunization or immunizations is [found] or are no longer [to
     7  be] detrimental  to  such  person's  health  or  is  or  are  no  longer
     8  [medically] contraindicated for health reasons.
     9    § 4. This act shall take effect immediately.
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