NY State Senate Bill 2017-S163

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to health
Jan 04, 2017	referred to health

2017-S163 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§2164 & 2165, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6443
2015-2016: S378
2019-2020: S477

2017-S163 (ACTIVE) - Summary

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

2017-S163 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S163

 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 :

2013-2014: S6443
2015-2016: S378A

 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.

2017-S163 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    163
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 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. The provisions of this act are not intended to detract from
 the public health purpose of school immunization legislation.  This  act
 is  intended  to  ensure  deference  to  the professional assessments of
 physicians, nurse practitioners and physician assistants in the care  of
 their individual patients.
   §  2.  Subdivision  8  of  section  2164  of the public health law, as
 amended by chapter 401 of the laws  of  2015,  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.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00874-01-7

 S. 163                              2
 
 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
 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.
   § 4. This act shall take effect immediately.

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Senate Bill S163

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

2017-S163 (ACTIVE) - Details

2017-S163 (ACTIVE) - Summary

2017-S163 (ACTIVE) - Sponsor Memo

2017-S163 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S163

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Sponsored By

Gustavo Rivera

Archive: Last Bill Status - In Senate Committee Health Committee

2017-S163 (ACTIVE) - Details

2017-S163 (ACTIVE) - Summary

2017-S163 (ACTIVE) - Sponsor Memo

2017-S163 (ACTIVE) - Bill Text download pdf

Comments