senate Bill S2339

2009-2010 Legislative Session

Extends the protections of the medical exemption from mandatory immunizations for students

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Archive: Last Bill Status - In Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to health
Feb 18, 2009 referred to health

S2339 - Bill Details

See Assembly Version of this Bill:
Current Committee:
Law Section:
Public Health Law

S2339 - Bill Texts

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An act to amend the public health law, in relation to the medical
exemption from mandatory immunizations for students


To ensure that the professional judgment of a student's physician,
physician's assistant or nurse practitioner will prevail concerning
immunization of the student.


Section one of the bill makes clear that the intent of this bill is to
recognize and defer to the professional judgment by appropriate
medical personnel for medical exemptions to school immunization

Section two amends subdivision 8 of section 2164 of the Public Health
Law applying to medical exemptions for minors, to clarify that the
determination of the child's health care practitioner concerning
immunization of the child shall prevail. Section three makes the same
change to subdivision 8 of section 2165 of the Public Health Law
applying to medical exemptions for adult students.


This bill reflects the legislative policy - reflected in much recent
legislation - that medical decisions by patient and health care
practitioner are entitled to respect and deference. A patient's
physician, physician's assistant or nurse practitioner is in the best
position to decide if a vaccination or vaccinations should not be
administered to the patient. Government agencies should defer to these
professional judgments.

Though the plain language of the current law does not seem to grant
any power to review and override a practitioner's certification for a
medical exemption to immunization, school and health authorities have
commonly second-guessed professionals in this area.


S.1575-A/A.3180-A of 2007-08; S.4692/A.8382 of 2005-06.


Savings to school and health agencies which will no longer require
staff to review the determinations of student's health care providers.

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