senate Bill S6443

2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 24, 2014 referred to health

S6443 - Details

See Assembly Version of this Bill:
A2690
Law Section:
Public Health Law
Laws Affected:
Amd ยงยง2164 & 2165, Pub Health L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A593
2009-2010: A880

S6443 - Summary

Extends the protections of the medical exemption from mandatory immunizations for students to ensure deference to the professional assessments of physicians and nurse practitioners in the care of their individual patients.

S6443 - Sponsor Memo

S6443 - Bill Text download pdf

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

                                  6443

                            I N  S E N A T E

                            January 24, 2014
                               ___________

Introduced  by  Sen.  RIVERA -- 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  the  medical
  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. This  legislation  is
intended  to  ensure deference to the professional assessments of physi-
cians, nurse practitioners and physician assistants in the care of their
individual patients.
  S 2. Subdivision 8 of section 2164 of the public health law, as  added
by  chapter  994 of the laws of 1966 and as renumbered by chapter 633 of
the laws of 1975, is amended to read as follows:
  8. [If] UPON SUBMISSION OF A WRITTEN OPINION BY any  physician,  NURSE
PRACTITIONER  OR  PHYSICIAN ASSISTANT licensed to practice [medicine] in
this state [certifies] STATING that THE PHYSICIAN, NURSE PRACTITIONER OR
PHYSICIAN ASSISTANT BELIEVES such immunization OR IMMUNIZATIONS  may  be
detrimental  to  a  child's  health, OR IS OTHERWISE CONTRAINDICATED FOR
HEALTH REASONS,  THE  PHYSICIAN'S,  NURSE  PRACTITIONER'S  OR  PHYSICIAN
ASSISTANT'S  DETERMINATION  SHALL  PREVAIL  AND the requirements of this
section shall be inapplicable until THE CHILD'S PHYSICIAN, NURSE PRACTI-
TIONER OR PHYSICIAN ASSISTANT FINDS such immunization  OR  IMMUNIZATIONS
is [found] OR ARE no longer [to be] detrimental to the child's health OR
IS OR ARE NO LONGER CONTRAINDICATED FOR HEALTH REASONS.
  S  3. Subdivision 8 of section 2165 of the public health law, as added
by chapter 405 of the laws of 1989, is amended to read as follows:
  8. [If] UPON SUBMISSION OF A WRITTEN OPINION BY any licensed physician
[or], nurse practitioner [certifies] OR PHYSICIAN ASSISTANT STATING that
THE PHYSICIAN, NURSE PRACTITIONER OR PHYSICIAN ASSISTANT  BELIEVES  such
immunization  OR IMMUNIZATIONS may be detrimental to the person's health
or is otherwise [medically]  contraindicated  FOR  HEALTH  REASONS,  THE
PHYSICIAN'S, NURSE PRACTITIONER'S OR PHYSICIAN ASSISTANT'S DETERMINATION
SHALL PREVAIL AND the requirements of this section shall be inapplicable

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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.