senate Bill S1201A

2011-2012 Legislative Session

Exempts non-resident students at community colleges from certain immunization requirements

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Archive: Last Bill Status - STRICKEN


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 12, 2011 recommit, enacting clause stricken
Mar 10, 2011 print number 1201a
amend and recommit to health
Jan 05, 2011 referred to health

Bill Amendments

Original
A (Active)
Original
A (Active)

S1201 - Bill Details

See Assembly Version of this Bill:
A908A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §§2165 & 2167, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S7799, A10989

S1201 - Bill Texts

view summary

Exempts non-resident students at community colleges from certain immunization requirements.

view sponsor memo
BILL NUMBER: S1201

TITLE OF BILL :
An act to amend the public health law, in relation to exempting
non-resident students at community colleges from the requirement of
maintaining measles, mumps and rubella (MMR) and meningococcal
meningitis records


PURPOSE :
This bill would exempt non-resident students at community colleges
from certain immunization requirements.

SUMMARY OF PROVISIONS :
Section One of the bill would add a new subdivision 14 to Section 2165
of the Public Health Law to exempt non-resident students at community
colleges from this section of law. Section Two of this bill would add
a new subdivision 7 to Section 2167 of the Public Health Law to exempt
non-resident students at community colleges from this section of law.
Section Three of the bill would provide for an immediate effective
date.

JUSTIFICATION :
During the first six months of 1989, 81% of reported cases of measles
in New York State occurred in 12 outbreaks in post-secondary
institutions. These outbreaks resulted from inadequate immunization or
vaccine failure in some students coupled with the close contact in
living and study quarters inherent in the college setting. The
outbreaks resulted in the enactment of Public Health Law (PHL) Section
2165 (effective August 1,1990) that mandated measles, mumps and
rubella immunizations for all full-time (taking 12 or more college
credits) college students born on or after January 1,1957. Six months
later, this section required all full time and part time (taking 6-11
college credits) college students to comply, regardless of campus
residency status.

Section 2165 requires that all students provide documentation of
immunity against measles, mumps, and rubella (2 doses of live measles
vaccine, the first dose given on or after the 1st birthday, the second
given on or after 15 months); live vaccine must have been given on or
after 111/68 or evidence of immunity or evidence from physician that
person has had the disease; medical and religious exemptions are
recognized. PHL Section 2167 was enacted on August 15, 2003. This
section requires all students be made aware of information about
meningococcal disease and vaccination. It also requires that all
students provide either proof of immunization to meningitis or
submission of a signed waiver stating that the signee understands the
risks and chooses not to receive the vaccine.

There is some belief by the academic community that these sections of
the Public Health Law are ineffective as they apply to colleges and
universities because of the numerous situations that compromise the
integrity of the "safety net" established by them. Public community
colleges, in particular, are not adequately served, based on
significantly different circumstances found between most community
college students, who commute daily between home, campus, and work,
and their 4-year college and university counterparts who are, for the
most part, based in on-campus residences. This difference has placed
an undue burden on public community colleges, community college
students, and their families. The vast majority of community college
students are commuters who live and work in every part of their
communities. They present no greater risk to the public health than
anyone else, as they do not tend to live and study in the kind of
concentrated environments found on traditional residential campuses
and, therefore, present no more risk to the health of the community
than any other person (faculty, staff, program participant, or
visitor) found on a community college campus. No other community
college constituency is required to meet the conditions of these PHL
sections. In fact, the majority of faculty and staff serving New
York's community colleges, all of whom are not required to comply with
this "protection", were born after the 1/1/57 mandated in the law for
students.

Many community colleges conduct on-campus study programs with current
high school students, like "Upward Bound" and "STEP." As these
students are not "enrolled", they are not required to comply with this
law. Medical and religious exemptions are recognized so, regardless of
compliance with the law, not all students will be immunized, leaving
every campus with certain gaps in protection. Since 1990, every New
York State kindergartner has been required by law to have been
vaccinated, or otherwise declared immune. This requirement should
render compliance through the 2003 PHL Section 2167 mute as no student
should have been allowed into a public school without such
documentation.

Many community college students attend college one or two classes at a
time, which often places them below the part-time student (>6 credit
hours) threshold. These students are not required to comply. The cost
to administrate this program, in terms of additional staffing;
increased paperwork and filing; critical student communications; lost
instructional time; and added counseling loads, is prohibitive,
reaching into the tens of thousands of dollars each year.
Accordingly, this proposal would exempt non-resident students at
community colleges from the requirements in PHL Sections 2165 and
2167, based on key and significant differences in overall living
conditions from their 4-year and university counterparts, that renders
these sections ineffective for the community colleges.

LEGISLATIVE HISTORY :
2010 - S.7799 Health Committee

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
Immediate.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1201

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 5, 2011
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to exempting  non-re-
  sident  students  at  community colleges from the requirement of main-
  taining measles, mumps and rubella (MMR) and meningococcal  meningitis
  records

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

  Section 1. Section 2165 of the public health law is amended by  adding
a new subdivision 14 to read as follows:
  14. THIS SECTION SHALL NOT APPLY TO NON-RESIDENT STUDENTS AT COMMUNITY
COLLEGES  AS  DEFINED  IN SUBDIVISION TWO OF SECTION SIXTY-THREE HUNDRED
ONE OF THE EDUCATION LAW.
  S 2. Section 2167 of the public health law is amended by adding a  new
subdivision 7 to read as follows:
  7.  THIS  SECTION SHALL NOT APPLY TO NONRESIDENT STUDENTS AT COMMUNITY
COLLEGES AS DEFINED IN SUBDIVISION TWO OF  SECTION  SIXTY-THREE  HUNDRED
ONE OF THE EDUCATION LAW.
  S 3. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01852-01-1

S1201A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A908A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §§2165 & 2167, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S7799, A10989

S1201A (ACTIVE) - Bill Texts

view summary

Exempts non-resident students at community colleges from certain immunization requirements.

view sponsor memo
BILL NUMBER:S1201A

TITLE OF BILL:
An act
to amend the public health law, in relation to exempting non-resident
students at community colleges from the requirement of maintaining
measles, mumps and rubella (MMR) and meningococcal meningitis records

PURPOSE:
This bill would exempt nonresident students at community colleges from
certain immunization requirements.

SUMMARY OF PROVISIONS:
Section one of the bill would add a new subdivision 14 to Section 2165
of the Public Health Law to exempt nonresident students at community
colleges from this section of law.

Section two of this bill would add a new subdivision 7 to Section 2167
of the Public Health Law to exempt nonresident students at community
colleges from this section of law.

Section three amends paragraph b of subdivision 1 of section 2165 of
the Public Health Law to exclude a graduate of a public, private or
parochial secondary school located in New York from the definition of
the term "student".

Section four provides for an immediate effective date.

JUSTIFICATION:
During the first six months of 1989, 81% of reported cases of measles
in New York State occurred in 12 outbreaks in post-secondary
institutions. These outbreaks resulted from inadequate immunization
or vaccine failure in some students coupled with the close contact in
living and study quarters inherent in the college setting. The
outbreaks resulted in the enactment of Public Health Law (PHL)
Section 2165 (effective August 1, 1990) that mandated measles, mumps
and rubella immunizations for all full-time (taking 12 or more
college credits) college students born on or after January 1, 1957.
Six months later, this section required all full-time and part-time
(taking 6-11 college credits) college students to comply, regardless
of campus residency status.

Section 2165 requires that all students provide documentation of
immunity against measles, mumps, and rubella (2 doses of live measles
vaccine, the first dose given on or after the 1st birthday, the
second given on or after 15 months); live vaccine must have been
given on or after 1/11/68 or evidence of immunity or evidence from
physician that person has had the disease; medical and religious
exemptions are recognized. PHL Section 2167 was enacted on August 15,
2003. This section requires all students be made aware of information
about meningococcal disease and vaccination. It also requires that
all students provide either proof of immunization to meningitis or
submission of a signed waiver stating that the signee understands the
risks and chooses not to receive the vaccine.


There is some belief by the academic community that these sections of
the Public Health Law are ineffective as they apply to colleges and
universities because of the numerous situations that compromise the
integrity of the "safety net" established by them. Public community
colleges, in particular, are not adequately served, based on
significantly different circumstances found between most community
college students, who commute daily between home, campus, and work,
and their 4-year college and university counterparts who are, for the
most part, based in on-campus residences. This difference has placed
an undue burden on public community colleges, community college
students, and their families. The vast majority of community college
students are commuters who live and work in every part of their
communities. They present no greater risk to the public health than
anyone else, as they do not tend to live and study in the kind of
concentrated environments found on traditional residential campuses
and, therefore, present no more risk to the health of the community
than any other person (faculty, staff, program participant, or
visitor) found on a community college campus. No other community
college constituency is required to meet the conditions
of these PHL sections. In fact, the majority of faculty and
staff serving New York's community colleges, all of whom are not
required to comply with this "protection", were born after the 1/1/57
mandated in the law for students.

Many community colleges conduct on-campus study programs with current
high school students, like "Upward Bound" and "STEP." As these
students are not "enrolled", they are not required to comply with
this law. Medical and religious exemptions are recognized so,
regardless of compliance with the law, not all students will be
immunized, leaving every campus with certain gaps in protection.
Since 1990, every New York State kindergartner has been required by
law to have been vaccinated, or otherwise declared immune. This
requirement should render compliance through the 2003 PHL Section
2167 mute as no student should have been allowed into a public school
without such documentation.

Many community college students attend college one or two classes at a
time, which often places them below the part-time student (6 credit
hours) threshold. These students are not required to comply. The cost
to administrate this program, in terms of additional staffing;
increased paperwork and filing; critical student communications;
lost instructional time; and added counseling loads, is prohibitive,
reaching into the tens of thousands of dollars each year.
Accordingly, this proposal would exempt nonresident students at
community colleges from the requirements in PHL Sections 2165 and 2167,
based on key and significant differences in overall living conditions
from their 4-year and university counterparts, that renders these
sections ineffective for the community colleges.

LEGISLATIVE HISTORY:
2010: S.7799 - Health Committee
2010: A.10989 - Referred to the Assembly Health Committee

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:


Immediate.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1201--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 5, 2011
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, 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 exempting non-re-
  sident students at community colleges from the  requirement  of  main-
  taining  measles, mumps and rubella (MMR) and meningococcal meningitis
  records

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

  Section  1. Section 2165 of the public health law is amended by adding
a new subdivision 14 to read as follows:
  14. THIS SECTION SHALL NOT APPLY TO NON-RESIDENT STUDENTS AT COMMUNITY
COLLEGES AS DEFINED IN SUBDIVISION TWO OF  SECTION  SIXTY-THREE  HUNDRED
ONE OF THE EDUCATION LAW.
  S  2. Section 2167 of the public health law is amended by adding a new
subdivision 7 to read as follows:
  7. THIS SECTION SHALL NOT APPLY TO NONRESIDENT STUDENTS  AT  COMMUNITY
COLLEGES  AS  DEFINED  IN SUBDIVISION TWO OF SECTION SIXTY-THREE HUNDRED
ONE OF THE EDUCATION LAW.
  S 3. Paragraph b of subdivision 1 of section 2165 of the public health
law, as amended by chapter 325 of the laws of 1991, is amended  to  read
as follows:
  b. The term "student" means any person born on or after January first,
nineteen  hundred  fifty-seven,  who  is registered to attend or attends
classes at an institution, whether full-time  or  part-time.  "Part-time
student"  shall mean a student who is enrolled for at least six but less
than twelve semester hours, or the equivalent per semester or  at  least
four  but  less than eight semester hours per quarter at an institution.
THE FOREGOING NOTWITHSTANDING, THE TERM "STUDENT" SHALL  NOT  INCLUDE  A
GRADUATE  OF  A  PUBLIC,  PRIVATE  OR PAROCHIAL SECONDARY SCHOOL THAT IS
LOCATED IN NEW YORK.
  S 4. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01852-02-1

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