Directs the use of a standardized immunization exemption form; requires the commissioner of health to develop a standardized medical immunization exemption request form for school use.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1153
SPONSOR: Santabarbara TITLE OF BILL:
An act to amend the public health law, in relation to a standardized
form for medical exemption from required immunizations
PURPOSE OR GENERAL IDEA OF BILL:
This legislation would mandate the use of a standardized form to be
provided to schools in order to receive a medical exemption.
SUMMARY OF PROVISIONS:
Section 1. Mandates the use of a standardized form section 2. Creation
of a standardized form and required informationSection 3. Effective Date
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
CLICK HERE TO ENTER TEXT.
JUSTIFICATION:
Attending school allows individuals to gain valuable socialization
skills. Denying students with medical conditions from attending school
is unfair and unnecessary discrimination. This legislation would create
a standardized form for medical exemptions to ensure that all schools
are appropriately recognizing legitimate medical exemptions.Legitimate
medical exemptions have been challenged across the state since the elim-
ination of the religious belief exemption for school vaccinations. Some
of these students have been receiving medical exemptions for years, only
to have them revoked under recent unfair scrutiny. This legislation
would create a standardized form for medical exemptions to ensure that
all schools are appropriately recognizing legitimate medical exemp-
tions.Some individuals are unable to safely take vaccines as it could
have detrimental effects on their health. When a licensed medical
professional determines that it is in a student's best interest to
attend school without receiving required vaccination, that medical opin-
ion should be respected. Medical professionals undergo years of training
to understand the human body and ensure the well being of others.Schools
should not be able to overrule a medical opinion. The creation
of this standardized form will allow students with medical conditions
to continue attending school by removing the ability of school adminis-
trators to challenge the validity of a medical professional's opinion.
By standard- izing the form, licensed medical professionals can clearly
convey to the schools that an individual student is unable to receive
vaccinations for health reasons.
PRIOR LEGISLATIVE HISTORY:
2019-20: A10813 - referred to health;
2021-22: A01894 - referred to health.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
30 days after it shall become law.
STATE OF NEW YORK
________________________________________________________________________
1153
2025-2026 Regular Sessions
IN ASSEMBLY
January 9, 2025
___________
Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to a standardized
form for medical exemption from required immunizations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 8 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 8. The commissioner shall develop a standardized medical immunization
5 exemption request form for school use. If any physician, nurse practi-
6 tioner or physician's assistant licensed to practice medicine in this
7 state [certifies] completes the required exemption form stating that
8 such immunization may be detrimental to a child's health, the require-
9 ments of this section shall be inapplicable until such immunization is
10 found no longer to be detrimental to the child's health by the child's
11 physician, nurse practitioner or physician's assistant. The department
12 or any other state agency, board or commission may not require any other
13 condition or requirement for the medical exemption to immunization or
14 immunizations provided for in this section for school admission.
15 § 2. Subdivision 8-a of section 2164 of the public health law is
16 renumbered subdivision 8-b and a new subdivision 8-a is added to read as
17 follows:
18 8-a. Any physician, nurse practitioner or physician's assistant who
19 believes that such immunization may be detrimental to the child's health
20 must complete and file with the child's school the medical immunization
21 exemption request form that may include but not be limited to the
22 following information:
23 Medical Immunization Exemption Request Form
24 (a) Name(s) of parent, parents or guardian:
25 (b) Name of child:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01170-01-5
A. 1153 2
1 (c) Child's birthdate:
2 (d) Child's home address:
3 (e) Medical reason, diagnosis and/or condition of which deems immuni-
4 zation detrimental to the child's health with corresponding medical
5 documentation:
6 (f) I hereby certify that immunization against (poliomyelitis, mumps,
7 measles, diptheria, rubella, varicella, Haemophilus influenzae type b
8 (Hib), pertussis, tetanus, pneumococcal disease, influenza, meningococ-
9 cal disease and hepatitis B) may be detrimental to the child's health.
10 The date and signature of the physician, nurse practitioner or physi-
11 cian's assistant shall appear here. This certification, once provided to
12 the child's school, shall serve as an exemption to section 2164 of the
13 public health law.
14 § 3. This act shall take effect on the thirtieth day after it shall
15 have become a law.
