S T A T E O F N E W Y O R K
________________________________________________________________________
6359
2013-2014 Regular Sessions
I N A S S E M B L Y
March 26, 2013
___________
Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to enacting the
"philosophical exemption to immunizations act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "philosoph-
ical exemption to immunizations act".
S 2. Subdivision 6 of section 2164 of the public health law, as
amended by chapter 189 of the laws of 2006, is amended to read as
follows:
6. In the event that a person in parental relation to a child makes
application for admission of such child to a school or has a child
attending school and there exists no certificate or other acceptable
evidence of the child's immunization against poliomyelitis, mumps,
measles, diphtheria, rubella, varicella, hepatitis B, pertussis, teta-
nus, and, where applicable, Haemophilus influenzae type b (Hib) and
pneumococcal disease, the principal, teacher, owner or person in charge
of the school shall inform such person of the necessity to have the
child immunized, that such immunization may be administered by any
health practitioner, or that the child may be immunized without charge
by the health officer in the county where the child resides, if such
person executes a consent therefor AND PROVIDE A FORM CITING OTHER
OPTIONS OF COMPLIANCE AS NOTED IN THIS SECTION. In the event that such
person does not wish to select a health practitioner to administer the
immunization, [he or she shall be provided with a form which] THE
PROVIDED FORM shall give notice that as a prerequisite to processing the
application for admission to, or for continued attendance at, the school
such person shall state a valid reason for withholding consent, OR CHECK
A FIXED STATEMENT PRE-PRINTED ON THE FORM INDICATING HIS OR HER PERSONAL
OBJECTION TO IMMUNIZATIONS, MEDICAL TESTING AND TREATMENTS or consent
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07336-01-3
A. 6359 2
shall be given for immunization to be administered by a health officer
in the public employ, or by a school physician or nurse. The form shall
provide for the execution of a consent by such person and it shall also
state that such person need not execute such consent if subdivision
eight or nine of this section apply to such child.
S 3. The opening paragraph of subdivision 8-a of section 2164 of the
public health law, as amended by chapter 189 of the laws of 2006, is
amended to read as follows:
Whenever a child has been refused admission to, or continued attend-
ance at, a school as provided for in subdivision seven of this section
because there exists no certificate provided for in subdivision five of
this section or other acceptable evidence of the child's immunization
against poliomyelitis, mumps, measles, diphtheria, rubella, varicella,
hepatitis B, pertussis, tetanus, and, where applicable, Haemophilus
influenzae type b (Hib) and pneumococcal disease, OR OTHER EVIDENCE OF
COMPLIANCE AS NOTED IN THIS SECTION, the principal, teacher, owner or
person in charge of the school shall:
S 4. 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 whose parent, parents, or
guardian hold PERSONAL OBJECTIONS OR genuine and sincere religious
beliefs which are contrary to the practices herein required, and no
certificate OF IMMUNIZATION, MEDICAL TESTS AND TREATMENTS shall be
required as a prerequisite to such children being admitted or received
into school or attending school.
S 5. Subdivision 6 of section 2165 of the public health law, as added
by chapter 405 of the laws of 1989, is amended to read as follows:
6. In the event that a student registers at an institution and has not
complied with subdivision two of this section, the institution shall
inform such student of the necessity to be immunized, that such immuni-
zation may be administered by any health practitioner, or that the
student may be immunized without charge by the health officer in the
county where the student resides or in which the institution is located,
AND PROVIDE A FORM CITING THE OTHER OPTIONS OF COMPLIANCE AS NOTED IN
THIS SECTION. In the event that such student does not comply with this
section, he or she shall be given notice that attendance at the institu-
tion requires immunization unless a valid reason is provided by such
student pursuant to subdivision eight or nine of this section OR UNLESS
SUCH STUDENT HAS CHECKED A FIXED STATEMENT PRE-PRINTED ON THE FORM INDI-
CATING A PERSONAL OBJECTION TO IMMUNIZATIONS, MEDICAL TESTING AND TREAT-
MENTS.
S 6. 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:
9. This section shall not apply to a person who holds PERSONAL
OBJECTIONS OR genuine and sincere religious beliefs which are contrary
to the practices herein required, and no certificate OF IMMUNIZATION,
MEDICAL TESTS AND TREATMENTS shall be required as a prerequisite to such
person being admitted or received into or attending an institution.
S 7. This act shall take effect immediately.