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Assembly Bill A592

2011-2012 Legislative Session

Provides protections to parents who decline to have their children immunized on the basis of religious beliefs

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Archive: Last Bill Status - In Assembly Committee

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2011-A592 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd ยงยง2164 & 2165, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A883
2013-2014: A2689

2011-A592 (ACTIVE) - Summary

Provides protections to parents who decline to have their children immunized on the basis of religious beliefs; allows a parent to submit an affidavit stating that the parent, parents or guardian hold genuine and sincere religious beliefs.

2011-A592 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   592

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. GOTTFRIED, CAHILL, CYMBROWITZ, TITUS, BENEDETTO,
  N. RIVERA -- Multi-Sponsored by -- M. of A. BARRON, BOYLAND,  CALHOUN,
  COOK,  GALEF,  MAYERSOHN,  McENENY,  PAULIN,  PERRY,  PHEFFER, REILLY,
  ROBINSON, SCHIMEL, SPANO, THIELE, TITONE, WEISENBERG -- read once  and
  referred to the Committee on Health

AN  ACT  to  amend  the  public health law, in relation to the religious
  exemption from mandatory immunizations for students

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This legislation is not intended to detract from the public
health  purpose  of  school  immunization  legislation. The law has long
recognized the right of parents to decline to have their children immun-
ized on the basis of religious beliefs. This legislation is intended  to
protect  parents  from  inappropriate  and  intrusive inquiry into their
beliefs by government authorities.
  S 2. Subdivision 9 of section 2164 of the public health law, as  sepa-
rately  amended  by chapters 405 and 538 of the laws of 1989, is amended
to read as follows:
  9. This section shall not apply to [children] A  CHILD  whose  parent,
parents,  or guardian [hold] HOLDS genuine and sincere religious beliefs
which are contrary to the practices herein required, and no  certificate
shall  be  required as a prerequisite to [such children] THE CHILD being
admitted or received into school or attending school WHERE  THE  PARENT,
PARENTS  OR  GUARDIAN  SUBMITS  AN  AFFIDAVIT  STATING  THAT THE PARENT,
PARENTS OR GUARDIAN HOLDS SUCH GENUINE AND  SINCERE  RELIGIOUS  BELIEFS.
THE  PARENT,  PARENTS  OR  GUARDIAN  SHALL NOT BE REQUIRED TO SPECIFY OR
ELABORATE ON THE NATURE,  GENUINENESS  OR  SINCERITY  OF  THE  RELIGIOUS
BELIEF OR BE SUBJECT TO ANY FURTHER INQUIRY.
  S  3. Subdivision 9 of section 2165 of the public health law, as added
by chapter 405 of the laws of 1989, is amended to read as follows:

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

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