NY State Senate Bill 2017-S3546

Senate Bill S3546

2017-2018 Legislative Session

Provides that persons in parental relation to a child refusing to immunize such child for religious reasons, shall file with the school an affidavit that the risks of such failure to immunize

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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 24, 2017	referred to health

co-Sponsors

2017-S3546 (ACTIVE) - Details

See Assembly Version of this Bill:: A4894
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2164, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4733, A7016
2019-2020: S2289, A1135

2017-S3546 (ACTIVE) - Summary

Provides that persons in parental relation to a child refusing to immunize such child for religious reasons, shall file with the school an affidavit signed by a physician, stating that such physician has explained to the parent, parents or guardian the risks to the child and to other individuals of failure to immunize the child.

2017-S3546 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3546

 TITLE OF BILL :  An act to amend the public health law, in relation
to the religious exemption from mandatory immunization of a child

 PURPOSE :

To ensure the safety of our schoolchildren by making sure parents
understand the risks of not vaccinating their children and their
children's classmates.

 SUMMARY OF PROVISIONS :

Section 1 amends subdivision 9 of section 2164 of the public health
law by adding the requirement that when a parent or legal guardian
submits an application to exempt his or her child from the compulsory
vaccination requirements according to religious beliefs, the parent
must include an affidavit from a physician stating that the physician
discussed the risks of such a decision with the parent or legal
guardian.

 JUSTIFICATION :

Recently, there has been an increasingly large movement by parents
choosing not to vaccinate their children from deadly infectious
diseases. As the anti-vaccination movement has grown in the past few

years, this country has experienced the worst outbreak of measles in
20 years, and the worst outbreak of whooping cough in 70 years. This
bill seeks to ebb this dangerous trend. While still respecting the
religious rights of those who truly object to vaccines on religious
grounds, this bill requires that a physician discuss the health risks
with the parent. Concerns about dangerous side effects of vaccines are
not supported by scientific literature.

Additionally, though many parents may comprehend the risks to which
they are exposing their own child, they ignore the risks to their
children's classmates who for medical reasons cannot be vaccinated,
and are at an increased risk of contracting these deadly illnesses.
Therefore, it is imperative that parents fully understand all of these
risks before exposing their own child and their child's friends and
classmates to these deadly, yet preventable diseases.

 LEGISLATIVE HISTORY :

2016: Died in Health
2015: Died in Health

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become a law.

2017-S3546 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3546
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2017
                                ___________
 
 Introduced  by  Sens. GIANARIS, ADDABBO, HOYLMAN, STAVISKY -- 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  religious
   exemption from mandatory immunization of a child

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 9 of section 2164 of the public health law,  as
 amended  by  chapter  401  of  the  laws  of 2015, is amended to read as
 follows:
   9. This section shall not apply to [children] A  CHILD  whose  parent,
 parents,  or  guardian  hold genuine and sincere religious beliefs which
 are contrary to the practices [herein] required BY THIS SECTION, and  no
 certificate shall be required as a prerequisite to such [children] CHILD
 being  admitted  or received into school or attending school.  PROVIDED,
 HOWEVER, THAT THE EXEMPTION GRANTED BY THIS SUBDIVISION SHALL ONLY APPLY
 TO A CHILD WHOSE PARENT,  PARENTS  OR  GUARDIAN  HAS  SUBMITTED  TO  THE
 SCHOOL,  WHICH  THE  CHILD  IS  TO BE ADMITTED OR ATTENDS, AN AFFIDAVIT,
 SIGNED BY A PHYSICIAN LICENSED PURSUANT TO ARTICLE ONE  HUNDRED  THIRTY-
 ONE  OF  THE  EDUCATION  LAW AND AUTHORIZED TO ADMINISTER IMMUNIZATIONS,
 STATING THAT SUCH PHYSICIAN HAS INFORMED AND DISCUSSED WITH SUCH PARENT,
 PARENTS OR GUARDIAN THE MEDICAL RISKS TO THE CHILD AND TO OTHER INDIVID-
 UALS OF FAILING TO BE IMMUNIZED IN ACCORDANCE WITH THIS  SECTION,  BASED
 UPON  INFORMATION  RELATING  THERETO  ISSUED  BY THE FEDERAL CENTERS FOR
 DISEASE CONTROL.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04544-01-7

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Senate Bill S3546

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Sponsored By

Michael Gianaris