Requires staff and children enrolled in an overnight, children's non-regulated, summer day, or travelling camp to be vaccinated against a specified list of diseases.
STATE OF NEW YORK
________________________________________________________________________
2726--A
2023-2024 Regular Sessions
IN SENATE
January 24, 2023
___________
Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Health -- recommitted to
the Committee on Health in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the public health law and the general business law, in
relation to requiring children enrolled in an overnight, children's
non-regulated, summer day, or travelling camp to be vaccinated
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1394 of the public health law is amended by adding
2 two new subdivisions 6-a and 6-b to read as follows:
3 6-a. Each children's overnight, summer day, and travelling summer day
4 camp shall ensure that every child enrolled at such camp has been admin-
5 istered an adequate dose or doses of an immunizing agent against poliom-
6 yelitis, mumps, measles, diphtheria, rubella, varicella, Haemophilus
7 influenzae type b (Hib), pertussis, tetanus, pneumococcal disease, and
8 hepatitis B, which meets the standards approved by the United States
9 public health service for such biological products, and which is
10 approved by the department under such conditions as may be specified by
11 the public health council. If any health practitioner, as defined in
12 section twenty-one hundred sixty-four of this chapter, certifies that
13 such immunization may be detrimental to a child's health, the require-
14 ments of this subdivision shall be inapplicable until such immunization
15 is found no longer to be detrimental to such child's health. The commis-
16 sioner shall promulgate such rules and regulations as shall be necessary
17 to implement the provisions of this subdivision.
18 6-b. Staff at all children's camps defined in section thirteen hundred
19 ninety-two of this article shall provide a camp operator with a current
20 certificate of immunization history for diphtheria, measles, meningococ-
21 cal meningitis, mumps, pertussis, rubella, tetanus, and varicella. If
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01192-03-4
S. 2726--A 2
1 any health practitioner, as defined in section twenty-one hundred
2 sixty-four of this chapter, certifies that such immunizations are detri-
3 mental to the individual's health, the requirements of this subdivision
4 shall be inapplicable until such immunization is found no longer to be
5 detrimental to such individual's health. The commissioner shall promul-
6 gate such rules and regulations as shall be necessary to implement the
7 provisions of this subdivision.
8 § 2. Section 398-f of the general business law is amended by adding
9 two new subdivisions 4 and 5 to read as follows:
10 4. Notwithstanding any other provision of this section relating to
11 department of health regulations, every children's non-regulated camp
12 shall ensure that every child enrolled at such camp has been adminis-
13 tered an adequate dose or doses of an immunizing agent against poliom-
14 yelitis, mumps, measles, diphtheria, rubella, varicella, Haemophilus
15 influenzae type b (Hib), pertussis, tetanus, pneumococcal disease, and
16 hepatitis B, which meets the standards approved by the United States
17 public health service for such biological products, and which is
18 approved by the department of health under such conditions as may be
19 specified by the public health and health planning council. If any
20 health practitioner, as defined in section twenty-one hundred sixty-four
21 of the public health law, certifies that such immunization may be detri-
22 mental to a child's health, the requirements of this subdivision shall
23 be inapplicable until such immunization is found no longer to be detri-
24 mental to such child's health. The commissioner of health shall promul-
25 gate such rules and regulations as shall be necessary to implement the
26 provisions of this subdivision.
27 5. Staff at all children's non-regulated camps shall provide a camp
28 operator with a current certificate of immunization history for diphthe-
29 ria, measles, meningococcal meningitis, mumps, pertussis, rubella, teta-
30 nus, and varicella. If any health practitioner, as defined in section
31 twenty-one hundred sixty-four of the public health law, certifies that
32 such immunizations are detrimental to the individual's health, the
33 requirements of this subdivision shall be inapplicable until such immun-
34 ization is found no longer to be detrimental to such individual's
35 health. The commissioner of health shall promulgate such rules and regu-
36 lations as shall be necessary to implement the provisions of this subdi-
37 vision.
38 § 3. Paragraph (a) of subdivision 2 of section 398-f of the general
39 business law, as amended by chapter 248 of the laws of 2022, is amended
40 to read as follows:
41 (a) No person, firm, corporation or association shall enroll or allow
42 participation of a child in a children's non-regulated camp unless the
43 parent or guardian of the child has been provided with the following
44 written notice on the application or enrollment form:
45 "This camp is not regulated or inspected by the New York State Depart-
46 ment of Health and is not required to obtain a Department of Health
47 permit. This camp is not required to follow Department of Health regu-
48 lations[, including,] regarding maintaining minimum staff-to-child
49 ratios; hiring medical personnel; or reporting injuries or illnesses to
50 the Department of Health."
51 § 4. Paragraph (a) of subdivision 2 of section 398-f of the general
52 business law, as amended by chapter 63 of the laws of 2024, is amended
53 to read as follows:
54 (a) No person, firm, corporation or association shall enroll or allow
55 participation of a child in a children's non-regulated camp unless such
56 non-regulated camp has registered with the department of health, in a
S. 2726--A 3
1 form and manner prescribed by the department of health, on an annual
2 basis and the parent or guardian of the child has been provided with the
3 following written notice on the application or enrollment form:
4 "This camp is registered with but not regulated or inspected by the
5 New York State Department of Health and is not required to obtain a
6 Department of Health permit. This camp is not required to follow Depart-
7 ment of Health regulations[, including,] regarding maintaining minimum
8 staff-to-child ratios; hiring medical personnel; or reporting injuries
9 or illnesses to the Department of Health."
10 § 5. This act shall take effect on the first of October next succeed-
11 ing the date on which it shall have become a law; provided, however,
12 that section four of this act shall take effect on the same date and in
13 the same manner as section 4 of chapter 62 of the laws of 2024 takes
14 effect.
