NY State Senate Bill 2017-S601

Senate Bill S601

2017-2018 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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Actions

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

2017-S601 (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 2015-2016 Legislative Session:: S7729

2017-S601 (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.

2017-S601 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S601

 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 :

05/12/16 REFERRED TO HEALTH

 FISCAL IMPLICATIONS :

To be determined.

 LOCAL FISCAL IMPLICATIONS :

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S601 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    601
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2017
                                ___________
 
 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 SEVENTEEN--TWO
 THOUSAND EIGHTEEN SCHOOL YEAR.
   § 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 SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05506-01-7

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