Add Art 21 Title 9 §§2185 - 2186, amd §§2164, 206, 613, 2168 & 2165, rpld §2167 sub 6, §2183, Pub Health L;
rpld §310 sub 6-a, amd §§3208 & 3304, Ed L
Enacts the "New York anti-mandate act"; provides that a business entity doing business in the state of New York shall not refuse to provide any service, product, admission to a venue, or transportation to a person because that person has or has not received or used a medical intervention; provides that a ticket issuer shall not penalize, discriminate against, or deny access to an entertainment event to a ticket holder because the ticket holder has or has not received or used a medical intervention; provides a school operating in the state shall not mandate a medical intervention for any person to attend school, enter campus or school buildings, or be employed by the school; provides that unless required by federal law, no state, county, or local government entity or official in New York shall require any person to receive or use a medical intervention; defines terms; makes conforming changes.
STATE OF NEW YORK
________________________________________________________________________
8723
IN SENATE
January 7, 2026
___________
Introduced by Sen. WEIK -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law and the education law, in relation
to enacting the "New York anti-mandate act"; and to repeal certain
provisions of the education law and the public health law relating
thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "New York anti-mandate act".
3 § 2. Article 21 of the public health law is amended by adding a new
4 title 9 to read as follows:
5 TITLE IX
6 NEW YORK ANTI-MANDATE ACT
7 Section 2185. Definitions.
8 2186. Medical mandates prohibited.
9 § 2185. Definitions. For the purposes of this title, the following
10 terms shall have the following meanings:
11 1. "business entity" means any person or group of persons performing
12 or engaging in any activity, enterprise, profession, or occupation for
13 gain, benefit, advantage, or livelihood, whether for profit or not-for-
14 profit. "Business entity" shall include but not be limited to:
15 (a) self-employed individuals, business entities filing articles of
16 incorporation, partnerships, limited partnerships, limited liability
17 companies, foreign corporations, foreign limited partnerships, foreign
18 limited liability companies authorized to transact business in New York,
19 business trusts, and any business entity that registers with the secre-
20 tary of state; and
21 (b) any business entity that possesses a business license, permit,
22 certificate, approval, registration, charter, or similar form of author-
23 ization issued by the state; any business entity exempt by law from
24 obtaining such a business license; and any business entity operating
25 unlawfully without such a business license;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14167-02-5
S. 8723 2
1 2. "foreign jurisdiction" means any state, commonwealth, country, or
2 nation outside the state of New York;
3 3. "medical intervention" means a procedure, treatment, device, drug
4 injection, medication, or action taken to diagnose, prevent, or cure a
5 disease or alter the health or biological function of a person;
6 4. "school" means any public, private, or parochial preschool; any
7 kindergarten, elementary, or secondary school; any postsecondary insti-
8 tute of education, including trade schools, colleges, and universities;
9 or any other institute of primary, secondary, or higher learning operat-
10 ing in this state; and
11 5. "ticket issuer" means an individual or entity providing tickets to
12 an entertainment event, including any of the following:
13 (a) the operator of the venue where an entertainment event occurs;
14 (b) the sponsor or promoter of an entertainment event;
15 (c) a sports team participating in an entertainment event or a league
16 whose teams are participating in an entertainment event;
17 (d) a theater company, musical group, or similar participant in an
18 entertainment event; or
19 (e) an agent of any individual or entity described in this subdivi-
20 sion.
21 § 2186. Medical mandates prohibited. 1. A business entity doing busi-
22 ness in the state of New York shall not refuse to provide any service,
23 product, admission to a venue, or transportation to a person because
24 that person has or has not received or used a medical intervention.
25 2. A business entity doing business in the state of New York shall not
26 require a medical intervention as a term of employment unless required
27 by federal law or in such cases where the terms of employment include
28 travel to foreign jurisdictions requiring a medical intervention as the
29 only means of entry or where the terms of employment require entry into
30 a place of business or facility in a foreign jurisdiction and such place
31 of business or facility requires a medical intervention as the only
32 means of entry. In any such instance where an employee is required to
33 obtain or use a medical intervention due to travel to a foreign juris-
34 diction or entry into a place of business or facility in a foreign
35 jurisdiction, said requirement shall either be included in a valid writ-
36 ten employment contract between the employer and the employee or, when a
37 written employment contract does not exist, advance written notice shall
38 be provided to an impacted employee no less than fourteen days prior to
39 such employee being required to receive or use a medical intervention.
40 Business entities that receive medicare or medicaid funding shall be
41 exempt from the requirements of this subdivision.
42 3. A ticket issuer shall not penalize, discriminate against, or deny
43 access to an entertainment event to a ticket holder because the ticket
44 holder has or has not received or used a medical intervention.
45 4. A school operating in the state shall not mandate a medical inter-
46 vention for any person to attend school, enter campus or school build-
47 ings, or be employed by the school.
48 5. Unless required by federal law, no state, county, or local govern-
49 ment entity or official in New York shall require any person to receive
50 or use a medical intervention.
51 6. Unless required by federal law, no state, county, or local govern-
52 ment entity or official in New York shall require any person to receive
53 or use a medical intervention as a condition for:
54 (a) receipt of any government benefit;
55 (b) receipt of any government services;
56 (c) receipt of any government-issued license or permit;
S. 8723 3
1 (d) entrance into any public building;
2 (e) use of public transportation; or
3 (f) a term of employment, provided that such entities that receive
4 medicare or medicaid funding shall be exempt from the requirements of
5 this paragraph.
6 7. No state, county, or local government, or business entity in New
7 York shall provide or offer any different salary, hourly wage, or other
8 ongoing compensation or benefits to an employee based on whether the
9 employee has or has not received or used a medical intervention.
10 8. The ability to require a medical intervention under this title is
11 subject to other statutory or constitutional provisions regarding
12 requests for medical interventions and requirements to provide reason-
13 able accommodation.
14 9. The prohibition on medical interventions shall not apply to any
15 situation where personal protective equipment, items, or clothing are
16 required by employers in the public or private sectors based on existing
17 traditional and accepted industry standards or federal law. These
18 exemptions to the prohibition on medical interventions shall not apply
19 to or include any vaccines, mask requirements, or other medical inter-
20 ventions introduced during the COVID-19 pandemic.
21 10. The provisions of this title may be enforced and injunctive relief
22 may be pursued by either the attorney general or the district attorney
23 for the county where a violation occurs. If a business entity, or state,
24 county, city, or local government entity in New York is found to have
25 violated the provisions of this title, the attorney general or district
26 attorney, as applicable, shall be awarded attorneys' fees and costs
27 incurred in pursuing the enforcement action.
28 § 3. Subdivisions 2, 3, 5 and 6 of section 2164 of the public health
29 law, subdivisions 2, 3 and 5 as amended by chapter 401 of the laws of
30 2015 and subdivision 6 as amended by chapter 35 of the laws of 2019, are
31 amended to read as follows:
32 2. [a.] Every person in parental relation to a child in this state
33 shall have the choice to have administered to such child an adequate
34 dose or doses of an immunizing agent against poliomyelitis, mumps,
35 measles, diphtheria, rubella, varicella, Haemophilus influenzae type b
36 (Hib), pertussis, tetanus, pneumococcal disease, and hepatitis B, which
37 meets the standards approved by the United States public health service
38 for such biological products, and which is approved by the department
39 under such conditions as may be specified by the public health council.
40 [b. Every person in parental relation to a child in this state born on
41 or after January first, nineteen hundred ninety-four and entering sixth
42 grade or a comparable age level special education program with an unas-
43 signed grade on or after September first, two thousand seven, shall have
44 administered to such child a booster immunization containing diphtheria
45 and tetanus toxoids, and an acellular pertussis vaccine, which meets the
46 standards approved by the United States public health service for such
47 biological products, and which is approved by the department under such
48 conditions as may be specified by the public health council.
49 c. Every person in parental relation to a child in this state entering
50 or having entered seventh grade and twelfth grade or a comparable age
51 level special education program with an unassigned grade on or after
52 September first, two thousand sixteen, shall have administered to such
53 child an adequate dose or doses of immunizing agents against meningococ-
54 cal disease as recommended by the advisory committee on immunization
55 practices of the centers for disease control and prevention, which meets
56 the standards approved by the United States public health service for
S. 8723 4
1 such biological products, and which is approved by the department under
2 such conditions as may be specified by the public health and planning
3 council.]
4 3. The person in parental relation to any such child who has not
5 previously [received] chosen for such child to receive such immunization
6 shall present the child to a health practitioner and request such health
7 practitioner to administer the [necessary] immunization against poliom-
8 yelitis, mumps, measles, diphtheria, Haemophilus influenzae type b
9 (Hib), rubella, varicella, pertussis, tetanus, pneumococcal disease,
10 meningococcal disease, and hepatitis B as provided in subdivision two of
11 this section.
12 5. The health practitioner who administers such immunizing agent
13 against poliomyelitis, mumps, measles, diphtheria, Haemophilus influen-
14 zae type b (Hib), rubella, varicella, pertussis, tetanus, pneumococcal
15 disease, meningococcal disease, and hepatitis B to any such child shall
16 give a certificate of such immunization to the person in parental
17 relation to such child. If any person in parental relation to such child
18 chooses to have administered such immunization, such person shall submit
19 a certificate of such immunization to the school to verify that such
20 child has received the recommended immunization if an outbreak described
21 in subdivision seven of this section occurs.
22 6. [In the event that a person in parental relation to a child makes
23 application for admission of such child to a school or has a child
24 attending school and there exists no certificate or other acceptable
25 evidence of the child's immunization against poliomyelitis, mumps,
26 measles, diphtheria, rubella, varicella, hepatitis B, pertussis, teta-
27 nus, and, where applicable, Haemophilus influenzae type b (Hib), menin-
28 gococcal disease, and pneumococcal disease, the principal, teacher,
29 owner or person in charge of the school shall inform such person of the
30 necessity to have the child immunized, that such immunization may be
31 administered by any health practitioner, or that the child may be immun-
32 ized without charge by the health officer in the county where the child
33 resides, if such person executes a consent therefor] No school shall
34 require a child to receive immunization against poliomyelitis, mumps,
35 measles, diphtheria, Haemophilus influenzae type b (Hib), rubella, vari-
36 cella, pertussis, tetanus, pneumococcal disease, meningococcal disease,
37 or hepatitis B prior to being admitted or penalize a child because such
38 child has not received the recommended immunizations. In the event that
39 such person does not wish to [select a health practitioner to administer
40 the] have such child administered with an immunization, [he or she]
41 they shall be provided with a form [which shall give notice that as a
42 prerequisite to processing the application for admission to, or for
43 continued attendance at, the school such person shall state a valid
44 reason for withholding consent or consent shall be given for immuniza-
45 tion to be administered by a health officer in the public employ, or by
46 a school physician or nurse] to fill out stating such person's choice
47 not to have such child administered with the immunization. [The form
48 shall provide for the execution of a consent by such person and it shall
49 also state that such person need not execute such consent if subdivision
50 eight of this section applies to such child.]
51 § 4. Subdivision 7 of section 2164 of the public health law, as
52 amended by chapter 401 of the laws of 2015, is amended to read as
53 follows:
54 7. [(a)] No principal, teacher, owner or person in charge of a school
55 shall [permit] prevent any child [to be admitted] from being admitted to
56 such school, or to attend such school[, in excess of fourteen days,
S. 8723 5
1 without the certificate provided for in subdivision five of this section
2 or some other acceptable evidence of the child's immunization against
3 poliomyelitis, mumps, measles, diphtheria, rubella, varicella, hepatitis
4 B, pertussis, tetanus, and, where applicable, Haemophilus influenzae
5 type b (Hib), meningococcal disease, and pneumococcal disease; provided,
6 however, such fourteen day period may be extended to not more than thir-
7 ty days for an individual student by the appropriate principal, teacher,
8 owner or other person in charge where such student is transferring from
9 out-of-state or from another country and can show a good faith effort to
10 get the necessary certification or other evidence of immunization.
11 (b) A parent, a guardian or any other person in parental relationship
12 to a child denied school entrance or attendance may appeal by petition
13 to the commissioner of education in accordance with the provisions of
14 section three hundred ten of the education law] on the basis of such
15 child's vaccination status.
16 § 5. Subdivisions 8 and 8-a of section 2164 of the public health law,
17 as amended by chapter 401 of the laws of 2015, are amended to read as
18 follows:
19 8. If any physician licensed to practice medicine in this state certi-
20 fies that any such immunization may be detrimental to a child's health,
21 [the requirements of this section shall be inapplicable until such
22 immunization is found no longer to be detrimental to the child's health]
23 such physician shall give a certificate stating which immunization may
24 be detrimental to a child's health to the person in parental relation to
25 such child. The person in parental relation to such child shall submit
26 such certificate to such child's school to be placed in the child's
27 school record.
28 8-a. Whenever a child has [been refused admission to, or continued
29 attendance at, a school as provided for in subdivision seven of this
30 section because there exists] no certificate of immunization provided
31 for in subdivision five of this section or other acceptable evidence of
32 the child's immunization against poliomyelitis, mumps, measles, diphthe-
33 ria, rubella, varicella, hepatitis B, pertussis, tetanus, and, where
34 applicable, Haemophilus influenzae type b (Hib), meningococcal disease,
35 and pneumococcal disease, the principal, teacher, owner or person in
36 charge of the school shall:
37 a. forward a report of [such exclusion and] the name and address of
38 such child who has completed the recommended immunizations or has
39 submitted a certificate stating immunization may be detrimental to such
40 child's health to the local health authority and to the [person in
41 parental relation to the child together with a notification of the
42 responsibility of such person under subdivision two of this section and
43 a form of consent as prescribed by regulation of the commissioner]
44 department, and
45 b. [provide, with the cooperation of the appropriate local health
46 authority, for a time and place at which an immunizing agent or agents
47 shall be administered, as required by subdivision two of this section,
48 to a child for whom a consent has been obtained. Upon failure of a local
49 health authority to cooperate in arranging for a time and place at which
50 an immunizing agent or agents shall be administered as required by
51 subdivision two of this section, the commissioner shall arrange for such
52 administration and may recover the cost thereof from the amount of state
53 aid to which the local health authority would otherwise be entitled]
54 forward a report of the name and address of such child who has not
55 completed the recommended immunizations and has filed the required form,
S. 8723 6
1 pursuant to subdivision six of this section, to the local health author-
2 ity and to the department.
3 § 6. Subdivision 6-a of section 310 of the education law is REPEALED.
4 § 7. Subparagraph 1 of paragraph (b) of subdivision 5 of section 3208
5 of the education law, as amended by chapter 352 of the laws of 2005, is
6 amended to read as follows:
7 (1) A physical examination pursuant to the provisions of sections nine
8 hundred one, nine hundred three and nine hundred four of this chapter[,
9 including proof of immunization as required by section twenty-one
10 hundred sixty-four of the public health law].
11 § 8. Subdivision 3 of section 3304 of the education law, as added by
12 section 1 of part A of chapter 328 of the laws of 2014, is amended to
13 read as follows:
14 3. [Notwithstanding any provisions of subdivision seven of section
15 twenty-one hundred sixty-four of the public health law to the contrary,
16 compacting] Compacting states shall give thirty days from the date of
17 enrollment or within such time as is reasonably determined under the
18 rules promulgated by the interstate commission, for students trans-
19 ferring from a school in a sending state to obtain any immunizations
20 [required] recommended by the receiving state. [For a series of immuni-
21 zations, initial vaccinations must be obtained within thirty days or
22 within such time as is reasonably determined under the rules promulgated
23 by the interstate commission.]
24 § 9. Paragraph (l) of subdivision 1 of section 206 of the public
25 health law, as added by chapter 207 of the laws of 2004, is amended to
26 read as follows:
27 (l) establish and operate such adult and child immunization programs
28 as are necessary to prevent or minimize the spread of disease and to
29 protect the public health. Such programs may include the purchase and
30 distribution of vaccines to providers and municipalities, the operation
31 of public immunization programs, quality assurance for immunization
32 related activities and other immunization related activities. The
33 commissioner may promulgate such regulations as are necessary for the
34 implementation of this paragraph. Nothing in this paragraph shall
35 authorize mandatory immunization of adults or children[, except as
36 provided in sections twenty-one hundred sixty-four and twenty-one
37 hundred sixty-five of this chapter].
38 § 10. Paragraph (c) of subdivision 1 and subdivision 2 of section 613
39 of the public health law, paragraph (c) of subdivision 1 as amended by
40 section 24 of part E of chapter 56 of the laws of 2013 and subdivision 2
41 as amended by chapter 538 of the laws of 1989, are amended to read as
42 follows:
43 (c) The commissioner shall invite and encourage the active assistance
44 and cooperation in such education activities of: the medical societies,
45 organizations of other licensed health personnel, hospitals, corpo-
46 rations subject to article forty-three of the insurance law, trade
47 unions, trade associations, parents and teachers and their associations,
48 organizations of child care resource and referral agencies, the media of
49 mass communication, and such other voluntary groups and organizations of
50 citizens as [he or she] the commissioner shall deem appropriate. The
51 public health and health planning council, the department of education,
52 the department of family assistance, and the department of mental
53 hygiene shall provide the commissioner with such assistance in carrying
54 out the program as [he or she] the commissioner shall request. All other
55 state agencies shall also render such assistance as the commissioner may
56 reasonably require for this program. Nothing in this subdivision shall
S. 8723 7
1 authorize mandatory immunization of adults or children[, except as
2 provided in sections twenty-one hundred sixty-four and twenty-one
3 hundred sixty-five of this chapter].
4 2. The commissioner shall set such standards as [he] they shall deem
5 necessary for the proper, safe, and efficient administration of the
6 program. [He] The commissioner shall direct an annual survey to deter-
7 mine the immunization level of children entering school, and shall
8 conduct annually an audit of such survey and an audit of the immuniza-
9 tion level of children attending school. State aid provided by this
10 article shall be reduced by ten percent, provided however that state aid
11 for essential public health activities shall not be reduced, unless a
12 municipality has submitted, in cooperation with local school districts,
13 a plan within ninety days after the commissioner shall have certified to
14 such municipality the results of [his] such survey of the immunization
15 level of children entering schools in such local school districts. Such
16 plan shall be submitted for the next ensuing school year and a subse-
17 quent plan shall be submitted annually thereafter [for assuring that
18 immunizing agents are administered to pre-school children within a
19 reasonable time prior to but, in any event, no later than their entrance
20 into school, and to students generally, as required pursuant to section
21 twenty-one hundred sixty-four of this chapter]. Such plan shall include
22 the manner in which immunization activities are coordinated among the
23 local health authority and the school districts. Such reduction in state
24 aid and the requirement that a municipality submit an immunization plan
25 shall not be applicable to any municipality where ninety percent or more
26 of its children entering school are immunized. The determination of the
27 percentage of immunization shall be made by the commissioner based upon
28 [his] their audit of immunization surveys.
29 § 11. Paragraph (f) of subdivision 5 of section 2168 of the public
30 health law, as amended by chapter 35 of the laws of 2019, is amended to
31 read as follows:
32 (f) The immunization status of [children exempt from immunizations] a
33 child who acquires a certificate stating immunization may be detrimental
34 to such child's health pursuant to subdivision eight of section twenty-
35 one hundred sixty-four of this title shall be reported by the health
36 care provider.
37 § 12. Subdivision 9 of section 2165 of the public health law, as added
38 by chapter 405 of the laws of 1989, is amended to read as follows:
39 9. This section shall not apply to a person who holds genuine and
40 sincere religious beliefs which are contrary to the practices herein
41 required or to a person who chooses not to receive the immunizations
42 required by this section, and no certificate shall be required as a
43 prerequisite to such person being admitted or received into or attending
44 an institution.
45 § 13. Subdivision 6 of section 2167 of the public health law is
46 REPEALED.
47 § 14. Section 2183 of the public health law is REPEALED.
48 § 15. This act shall take effect on the ninetieth day after it shall
49 have become a law; provided, however, that the amendments to subpara-
50 graph 1 of paragraph (b) of subdivision 5 of section 3208 of the educa-
51 tion law made by section seven of this act shall not affect the expira-
52 tion of such section and shall be deemed to expire therewith.
