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.
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.
