BAILEY, BIAGGI, CARLUCCI, KRUEGER, MONTGOMERY, RAMOS, SALAZAR, SKOUFIS, THOMAS
MLTSPNSR
Rpld §2164 sub 9, amd §§2164 & 2168, Pub Health L
Relates to exemptions from vaccinations due to religious beliefs; and repeals certain provisions relating to exemption from vaccination due to religious beliefs.
STATE OF NEW YORK
________________________________________________________________________
2994--A
2019-2020 Regular Sessions
IN SENATE
January 31, 2019
___________
Introduced by Sens. HOYLMAN, BAILEY, BIAGGI, CARLUCCI, KRUEGER, MONTGOM-
ERY, RAMOS, SALAZAR, SKOUFIS, THOMAS -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Health --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the public health law, in relation to exemptions from
vaccination due to religious beliefs; to repeal subdivision 9 of
section 2164 of the public health law, relating to exemption from
vaccination due to religious beliefs; and providing for the repeal of
certain provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 9 of section 2164 of the public health law is
2 REPEALED.
3 § 2. Subdivisions 6 and 7 of section 2164 of the public health law, as
4 amended by chapter 401 of the laws of 2015, are amended to read as
5 follows:
6 6. In the event that a person in parental relation to a child makes
7 application for admission of such child to a school or has a child
8 attending school and there exists no certificate or other acceptable
9 evidence of the child's immunization against poliomyelitis, mumps,
10 measles, diphtheria, rubella, varicella, hepatitis B, pertussis, teta-
11 nus, and, where applicable, Haemophilus influenzae type b (Hib), menin-
12 gococcal disease, and pneumococcal disease, the principal, teacher,
13 owner or person in charge of the school shall inform such person of the
14 necessity to have the child immunized, that such immunization may be
15 administered by any health practitioner, or that the child may be immun-
16 ized without charge by the health officer in the county where the child
17 resides, if such person executes a consent therefor. In the event that
18 such person does not wish to select a health practitioner to administer
19 the immunization, he or she shall be provided with a form which shall
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00724-04-9
S. 2994--A 2
1 give notice that as a prerequisite to processing the application for
2 admission to, or for continued attendance at, the school such person
3 shall state a valid reason for withholding consent or consent shall be
4 given for immunization to be administered by a health officer in the
5 public employ, or by a school physician or nurse. The form shall provide
6 for the execution of a consent by such person and it shall also state
7 that such person need not execute such consent if subdivision eight [or
8 nine] of this section [apply] applies to such child.
9 7. (a) No principal, teacher, owner or person in charge of a school
10 shall permit any child to be admitted to such school, or to attend such
11 school, in excess of fourteen days, without the certificate provided for
12 in subdivision five of this section or some other acceptable evidence of
13 the child's immunization against poliomyelitis, mumps, measles, diphthe-
14 ria, rubella, varicella, hepatitis B, pertussis, tetanus, and, where
15 applicable, Haemophilus influenzae type b (Hib), meningococcal disease,
16 and pneumococcal disease; provided, however, such fourteen day period
17 may be extended to not more than thirty days for an individual student
18 by the appropriate principal, teacher, owner or other person in charge
19 where such student is transferring from out-of-state or from another
20 country and can show a good faith effort to get the necessary certif-
21 ication or other evidence of immunization or where the parent, guardian,
22 or any other person in parental relationship to such child can demon-
23 strate that a child has received at least the first dose in each immuni-
24 zation series required by this section and has age appropriate appoint-
25 ments scheduled to complete the immunization series according to the
26 Advisory Committee on Immunization Practices Recommended Immunization
27 Schedules for Persons Aged 0 through 18 Years.
28 (b) A parent, a guardian or any other person in parental relationship
29 to a child denied school entrance or attendance may appeal by petition
30 to the commissioner of education in accordance with the provisions of
31 section three hundred ten of the education law.
32 § 3. Paragraph (f) of subdivision 5 of section 2168 of the public
33 health law, as amended by chapter 154 of the laws of 2013, is amended to
34 read as follows:
35 (f) The immunization status of children exempt from immunizations
36 pursuant to subdivision eight of section twenty-one hundred sixty-four
37 of this title [and a parent claiming exemption pursuant to subdivision
38 nine of section twenty-one hundred sixty-four of this title] shall be
39 reported by the health care provider.
40 § 4. This act shall take effect immediately; provided that the amend-
41 ments to subdivision 7 of section 2164 of the public health law made by
42 section two of this act shall expire and be deemed repealed June 30,
43 2020.
