senate Bill S6443

2013-2014 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 24, 2014 referred to health

S6443 - Bill Details

See Assembly Version of this Bill:
A2690
Current Committee:
Senate Health
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 - Bill Texts

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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.

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BILL NUMBER:S6443

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

PURPOSE OR GENERAL IDEA OF BILL:

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

SUMMARY OF SPECIFIC PROVISIONS:

Provides that where a parent seeks a medical exemption from mandatory
immunizations for a child, the professional assessment by the child's
physician or nurse practitioner shall prevail.

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
requirements.

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.

JUSTIFICATION:

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, nurse practitioner or physician assistant 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.

PRIOR LEGISLATIVE HISTORY:

2005-06: A.8382 - referred to Health Committee
2007-08: A3180-A- referred to Rules Committee
2009-10: A.880- advanced to third reading
2011-12: A.593 - starred on calendar

FISCAL IMPLICATIONS:

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

EFFECTIVE DATE:


Immediately.

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                    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.
                                                           LBD01437-01-3

S. 6443                             2

until  THE PERSON'S PHYSICIAN, NURSE PRACTITIONER OR PHYSICIAN ASSISTANT
FINDS such immunization OR IMMUNIZATIONS is [found] OR ARE no longer [to
be] detrimental  to  such  person's  health  or  is  OR  ARE  no  longer
[medically] contraindicated FOR HEALTH REASONS.
  S 4. This act shall take effect immediately.

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