Provides protections to parents who decline to have their children immunized on the basis of religious beliefs; allows a parent to submit an affidavit stating that the parent, parents or guardian hold genuine and sincere religious beliefs.
STATE OF NEW YORK
________________________________________________________________________
592
2011-2012 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2011
___________
Introduced by M. of A. GOTTFRIED, CAHILL, CYMBROWITZ, TITUS, BENEDETTO,
N. RIVERA -- Multi-Sponsored by -- M. of A. BARRON, BOYLAND, CALHOUN,
COOK, GALEF, MAYERSOHN, McENENY, PAULIN, PERRY, PHEFFER, REILLY,
ROBINSON, SCHIMEL, SPANO, THIELE, TITONE, WEISENBERG -- read once and
referred to the Committee on Health
AN ACT to amend the public health law, in relation to the religious
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. This legislation is not intended to detract from the public
2 health purpose of school immunization legislation. The law has long
3 recognized the right of parents to decline to have their children immun-
4 ized on the basis of religious beliefs. This legislation is intended to
5 protect parents from inappropriate and intrusive inquiry into their
6 beliefs by government authorities.
7 § 2. Subdivision 9 of section 2164 of the public health law, as sepa-
8 rately amended by chapters 405 and 538 of the laws of 1989, is amended
9 to read as follows:
10 9. This section shall not apply to [children] a child whose parent,
11 parents, or guardian [hold] holds genuine and sincere religious beliefs
12 which are contrary to the practices herein required, and no certificate
13 shall be required as a prerequisite to [such children] the child being
14 admitted or received into school or attending school where the parent,
15 parents or guardian submits an affidavit stating that the parent,
16 parents or guardian holds such genuine and sincere religious beliefs.
17 The parent, parents or guardian shall not be required to specify or
18 elaborate on the nature, genuineness or sincerity of the religious
19 belief or be subject to any further inquiry.
20 § 3. Subdivision 9 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:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02296-01-1
A. 592 2
1 9. This section shall not apply to a person who holds genuine and
2 sincere religious beliefs which are contrary to the practices herein
3 required, and no certificate shall be required as a prerequisite to such
4 person being admitted or received into or attending an institution where
5 the person submits an affidavit stating that the person holds such genu-
6 ine and sincere religious beliefs. The person shall not be required to
7 specify or elaborate on the nature, genuineness or sincerity of the
8 religious belief or be subject to any further inquiry.
9 § 4. This act shall take effect immediately.
