NY State Senate Bill 2015-S7729

Senate Bill S7729

2015-2016 Legislative Session

Relates to establishing a specific protocol regarding religious exemptions to immunizations in schools

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 12, 2016	referred to health

2015-S7729 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2164, Pub Health L; amd §914, Ed L
Versions Introduced in 2017-2018 Legislative Session:: S601

2015-S7729 (ACTIVE) - Summary

Relates to establishing a protocol with specific criteria regarding religious exemptions to immunizations in schools prior to an individual being able to submit a request for religious exemption to immunization form.

2015-S7729 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7729

 TITLE OF BILL :

An act to amend the public health law and the education law, in
relation to establishing a specific protocol regarding religious
exemptions to immunizations in schools

 PURPOSE :

Calls upon the Commissioner of the Department of Health and the State
Education Department to establish a specific protocol regarding
religious exemptions to immunizations in schools.

 SUMMARY OF PROVISIONS :

Section 1. Calls upon the Commissioner of Health to work with the
Commissioner of Education to establish a protocol with specific
criteria for all children seeking a religious vaccination exemption.
This protocol should be put into effect prior to the 2016-2017 school
year.

Section 2. Calls upon the Commissioner of Education to work with the
Commissioner of Health to establish a protocol with specific criteria
for all children seeking a religious vaccination exemption. This
protocol should be put into effect prior to the 2016-2017 school year.

Section 3. Effective Date.

 EXISTING LAW :

 JUSTIFICATION :

Although New York State does have a religious waiver to the vaccine
requirements, some school districts conduct an inquiry into whether
the beliefs are genuine and sincere. Currently, the law requires only
a written and signed statement from the parent, parents, or guardian
of such child stating that they object to the child's immunization due
to sincere and genuine religious beliefs which prohibit the
immunization of their child. However, the principal or person in
charge of the school is free to require supporting documents. This
flexibility results in different applications of the law in various
school districts. Students who move to new school districts are left
to reapply for this waiver which could result in a different outcome.

This bill calls upon the Commissioner of Health and Commissioner of
Education to work together to implement a uniform process for students
to be considered for the religious waiver to the vaccination
requirement for schoolchildren.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

To be determined.

 LOCAL FISCAL IMPLICATIONS :

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7729 (ACTIVE) - Bill Text download pdf

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

                                  7729

                            I N  S E N A T E

                              May 12, 2016
                               ___________

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

AN ACT to amend the public health law and the education law, in relation
  to establishing a specific protocol regarding religious exemptions  to
  immunizations in schools

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

  Section 1. Section 2164 of the public health law is amended by  adding
a new subdivision 10-a to read as follows:
  10-A. THE COMMISSIONER SHALL WORK IN CONJUNCTION WITH THE COMMISSIONER
OF  EDUCATION  TO  ESTABLISH  A  PROTOCOL WITH SPECIFIC CRITERIA FOR ALL
CHILDREN DESCRIBED IN SUBDIVISION NINE OF THIS SECTION  TO  QUALIFY  FOR
THE  RELIGIOUS  VACCINATION  EXEMPTION.  PRIOR  TO  AN  INDIVIDUAL BEING
PERMITTED TO SUBMIT A REQUEST FOR RELIGIOUS  EXEMPTION  TO  IMMUNIZATION
FORM,  REQUIRED  UNDER  10  NYCRR  66-1.3(D),  SUCH  INDIVIDUAL  MUST BE
APPROVED UNDER SUCH  ESTABLISHED  PROTOCOL.    SUCH  PROTOCOL  SHALL  BE
CREATED AND PUT INTO EFFECT PRIOR TO THE TWO THOUSAND SIXTEEN--TWO THOU-
SAND SEVENTEEN SCHOOL YEAR.
  S  2.  Section  914  of  the  education law is amended by adding a new
subdivision 4 to read as follows:
  4. THE COMMISSIONER SHALL WORK IN CONJUNCTION WITH THE COMMISSIONER OF
HEALTH TO ESTABLISH A PROTOCOL WITH SPECIFIC CRITERIA FOR  ALL  CHILDREN
DESCRIBED  IN  SUBDIVISION NINE OF SECTION TWENTY-ONE HUNDRED SIXTY FOUR
OF THE PUBLIC HEALTH  LAW  TO  QUALIFY  FOR  THE  RELIGIOUS  VACCINATION
EXEMPTION.  PRIOR  TO  AN INDIVIDUAL BEING PERMITTED TO SUBMIT A REQUEST
FOR RELIGIOUS EXEMPTION TO IMMUNIZATION FORM, REQUIRED  UNDER  10  NYCRR
66-1.3(D),  SUCH  INDIVIDUAL  MUST  BE  APPROVED  UNDER SUCH ESTABLISHED
PROTOCOL.  SUCH PROTOCOL SHALL BE CREATED AND PUT INTO EFFECT  PRIOR  TO
THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15065-01-6

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