A04602 Summary:

BILL NOA04602
 
SAME ASNo Same As
 
SPONSORDiPietro
 
COSPNSRBrabenec, Manktelow, Angelino
 
MLTSPNSR
 
Add Art 21 Title 8 §2180, Pub Health L
 
Prohibits mandatory immunization against the coronavirus; prohibits requiring immunization for attendance at school or day care, transportation, travel, entering public buildings, employment, nursing home residency or receiving government services; provides that no proof of vaccine shall be required or used; prohibits incentive for administering or receiving vaccination.
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A04602 Actions:

BILL NOA04602
 
02/04/2021referred to health
01/05/2022referred to health
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A04602 Committee Votes:

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A04602 Floor Votes:

There are no votes for this bill in this legislative session.
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A04602 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4602
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2021
                                       ___________
 
        Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
          tee on Health
 
        AN  ACT  to  amend  the  public health law, in relation to prohibiting a
          mandatory immunization against the novel coronavirus/COVID-19
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Article 21 of the public health law is amended by adding a
     2  new title 8 to read as follows:
     3                                   TITLE 8
     4                         NOVEL CORONAVIRUS, COVID-19
     5  Section 2180. Novel coronavirus/COVID-19; immunization.
     6    § 2180. Novel coronavirus/COVID-19; immunization. 1.  No  immunization
     7  used for the purposes of inducing immunity against COVID-19 in humans in
     8  this  state  shall be made a mandatory immunization.  No person shall be
     9  required to receive such vaccine.
    10    2. No child under the age of eighteen shall  be  required  to  receive
    11  such  vaccine against COVID-19 unless a person in a parental relation to
    12  such child requests and consents to have the child vaccinated.  For  the
    13  purpose  of  this subdivision the term "person in parental relation to a
    14  child" shall have the same meaning as set forth  in  section  twenty-one
    15  hundred  sixty-four of this article.  Prior to administering the immuni-
    16  zation every health care provider or practitioner shall provide  a  list
    17  of  ingredients contained in the vaccine as provided by the manufacturer
    18  product insert and all potential side effects as indicated  by  industry
    19  studies.
    20    3. No incapacitated person shall be required to receive such immuniza-
    21  tion  against COVID-19 unless a person who is the legal guardian of such
    22  incapacitated person chooses to have the incapacitated person  vaccinat-
    23  ed.    For the purposes of this subdivision: (a) the term "incapacitated
    24  person" shall mean any person over the age of eighteen who is unable  to
    25  make  or  communicate decisions affecting their physical health, safety,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03542-02-1

        A. 4602                             2
 
     1  or self-care; and  (b) the term "legal guardian" shall mean and  include
     2  any person who is over the age of eighteen and designated by an incapac-
     3  itated  person  prior  to  incapacitation  as  their legal guardian or a
     4  person  legally  appointed  by a court as guardian of such incapacitated
     5  person.
     6    4. No immunization against COVID-19 shall be required for:
     7    (a) attendance by students or employment of teachers and staff at  any
     8  public or private educational institution or day care facility;
     9    (b)  travel  to  or from any location, including other states or coun-
    10  tries;
    11    (c) receipt of any government services;
    12    (d) entrance into public buildings;
    13    (e) employment or continued employment in any business or not-for-pro-
    14  fit organization; or
    15    (f) use of public transportation.
    16    5. (a) No governmental entity shall provide any special privileges  or
    17  financial  rewards  to any individual for receiving immunization against
    18  COVID-19.
    19    (b) No health care provider or practitioner which administers  vaccine
    20  shall  be  offered  any  incentive  or  compensation to achieve targeted
    21  vaccination rates.
    22    (c) No insurance company or other entity that could  profit  from  the
    23  sale  of  COVID-19  vaccines  shall  provide  any funding, incentives or
    24  advertising to any party to increase sales of a COVID-19 vaccine.
    25    6. No nursing home, state-sponsored group home for adults or  children
    26  or any other group home shall require immunization against COVID-19 as a
    27  condition of residency.
    28    7.  No  person shall be required to have, carry or present evidence of
    29  having received immunization against COVID-19.
    30    § 2. This act shall take effect immediately.
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