|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 24, 2014||referred to health|
senate Bill S6443
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6443 - Details
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
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
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.
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