S T A T E O F N E W Y O R K
________________________________________________________________________
1135
2019-2020 Regular Sessions
I N A S S E M B L Y
January 14, 2019
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Introduced by M. of A. SIMOTAS, BUCHWALD -- Multi-Sponsored by -- M. of
A. ARROYO, DINOWITZ, McDONOUGH -- read once and referred 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.
LBD01493-01-9