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A07829 Summary:

BILL NOA07829
 
SAME ASSAME AS S06495
 
SPONSORDinowitz
 
COSPNSR
 
MLTSPNSR
 
Amd §2165, Pub Health L
 
Requires immunization of certain post-secondary students for COVID-19.
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A07829 Actions:

BILL NOA07829
 
05/25/2021referred to health
01/05/2022referred to health
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A07829 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7829
 
SPONSOR: Dinowitz
  TITLE OF BILL: An act to amend the public health law, in relation to requiring the immunization of certain post-secondary students against COVID-19   SUMMARY OF PROVISIONS: Section 1 of the bill amends section 2165 of the Public Health Law ("Immunization of certain post-secondary students") to require students attending colleges and universities in New York to demonstrate proof of immunization against COVID-19. Section 2 of the bill is the effective date, which takes effect thirty days following a COVID-19 vaccine receiving standard approval by the U.S. Food and Drug Administration.   JUSTIFICATION: From the earliest days of the COVID-19 pandemic, it has been apparent that despite best efforts, COVID-19 spreads quickly in high-density communal living situations--colleges and universities being no excep- tion. While many college students are at lower risk of severe COVID-19 infections, they can be major drivers of viral transmission.   1 Research has confirmed the risk that the combination of dense college dorms and unvaccinated college students can pose to both college campus- es and surrounding communities.   2 When large universities opened for in-person instruction in the fall of 2020, their home counties saw a 56 percent increase in COVID-19 infections in the following three weeks, compared to the three weeks before the start of classes.   3 Concerningly, 29 of 30 nationwide college campuses in one study displayed a seven-day incidence of 50 cases per 100,000, making them what policy makers consider a "high-risk area".   4 Those peaks of COVID cases on college campuses occurred in between the first and second national waves of the COVID virus, showing that the campus COVID spikes were independent of national disease dynamics.   5 Following eligibility expansions in numerous states allowing everyone older than sixteen to receive COVID-19 vaccines, several colleges across the country have announced they will require students to be vaccinated against COVID-19 to return to college in the fall, including: Rutgers University   6 in New Jersey, Nova Southeastern University   7 in Florida, and Cornell University   8 in New York. Such vaccine requirements are not unprecedented, section 2165 of the Public Health Law already requires college students to be vaccinated against measles, mumps, and rubella as a condition of attendance. Considering the ease with which COVID-19 spreads on college campuses and the risk to college communities, it is crucial that each student attend- ing college protect themselves and their communities from COVID-19 by getting a COVID-19 vaccine before arriving on campus. Citations:   PRIOR LEGISLATIVE HISTORY: None, new bill.   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This act shall take effect thirty days following the date of the issu- ance of a biologics license for an immunizing agent against COVID-19 by the United States Food and Drug Administration provided that the provisions contained in this act are in accordance with recommendations issued by the Centers for Disease Control Advisory Committee on Immuni- zation Practices. The commissioner of health shall notify the legisla- tive bill drafting commission upon the occurrence of such approval in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legisla- tive law and section 70-b of the public officers law. Effective imme- diately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date. 1 https://www.nbcnews.com/health/ health-news/colleges-consider__ requiringcovid-vaccinations-students- young-adults-drive-rise-n1262094 2 https://www.nytimes.com/2020/12/12/us/ covid-colleges- nursing_homes.html 3 https://www.insidehighered.com/ quicktakes/2021/01/11/cdc-compares__ covid19-rates-counties-person-and-remote-classes 4 https://www.insidehighered.com/news/ 2021/01/13/college-openings- ledincrease- community-cases-research-says 5 Id. 6 https://www.rutgers.edu/news/rutgers- require-covid-19-vaccine-stu- dents 7 https://www.sun-sentinel.com/coronavirus/ vaccines/fl-ne-nsu- requir_ esstudents- staff-vaccines-20210402- vmlwvaiurjajziaiaujdgxk7qa-sto- ry.html 8 https://nypost.com/2021/04/03/cornell- university-mandates-covid-19- vaccines-for-students/
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A07829 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7829
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 25, 2021
                                       ___________
 
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Health
 
        AN  ACT  to  amend  the  public health law, in relation to requiring the
          immunization of certain post-secondary students against COVID-19
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Subdivision 13 of section 2165 of the public health law is
     2  renumbered subdivision 12 and subdivision 1, as added by chapter 405  of
     3  the  laws  of 1989, paragraph b as amended by chapter 325 of the laws of
     4  1991, is amended to read as follows:
     5    1. As used in this section, unless the context requires otherwise:
     6    a. The term "institution" means a college as defined in section two of
     7  the education law.
     8    b. The term "student" means any person born on or after January first,
     9  nineteen hundred fifty-seven, who is registered  to  attend  or  attends
    10  classes  at  an  institution, whether full-time or part-time. "Part-time
    11  student" shall mean a student who is enrolled for at least six but  less
    12  than  twelve  semester hours, or the equivalent per semester or at least
    13  four but less than eight semester hours per quarter at an institution.
    14    c. The term "health practitioner" means any person authorized  by  law
    15  to administer an immunization.
    16    d.  The  term  "immunization"  means  an  adequate dose or doses of an
    17  immunizing agent against measles, mumps [and],  rubella  and  the  novel
    18  coronavirus  (COVID-19) which meets the standards approved by the United
    19  States public health service for such biological products, and which  is
    20  approved  by the state department of health under such conditions as may
    21  be specified by the public health council.
    22    § 2. This act shall take effect thirty days following the date of  the
    23  issuance of a biologics license for an immunizing agent against COVID-19
    24  by  the  United  States  Food  and Drug Administration provided that the
    25  provisions contained in this act are in accordance with  recommendations

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10822-04-1

        A. 7829                             2
 
     1  issued  by the Centers for Disease Control Advisory Committee on Immuni-
     2  zation Practices. The commissioner of health shall notify  the  legisla-
     3  tive  bill  drafting  commission upon the occurrence of such approval in
     4  order  that the commission may maintain an accurate and timely effective
     5  data base of the official text of the laws of the state of New  York  in
     6  furtherance of effectuating the provisions of section 44 of the legisla-
     7  tive  law  and  section 70-b of the public officers law. Effective imme-
     8  diately the addition, amendment and/or repeal of any rule or  regulation
     9  necessary  for  the implementation of this act on its effective date are
    10  authorized to be made and completed on or before such date.
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