NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7829
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.
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.
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.
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.
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".
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.
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:
6 in New Jersey,
Nova Southeastern University
7 in Florida, and
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.
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__
2 https://www.nytimes.com/2020/12/12/us/ covid-colleges-
3 https://www.insidehighered.com/ quicktakes/2021/01/11/cdc-compares__
4 https://www.insidehighered.com/news/ 2021/01/13/college-openings-
6 https://www.rutgers.edu/news/rutgers- require-covid-19-vaccine-stu-
7 https://www.sun-sentinel.com/coronavirus/ vaccines/fl-ne-nsu- requir_
esstudents- staff-vaccines-20210402- vmlwvaiurjajziaiaujdgxk7qa-sto-
8 https://nypost.com/2021/04/03/cornell- university-mandates-covid-19-
STATE OF NEW YORK
2021-2022 Regular Sessions
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.
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.