Assembly Bill A7838

2019-2020 Legislative Session

Requires the department of health to approve medical exemptions from immunization requirements

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2019-A7838 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §2164, Pub Health L
Versions Introduced in Other Legislative Sessions:
2021-2022: A7139
2023-2024: A2905

2019-A7838 (ACTIVE) - Summary

Requires the department of health to approve medical exemptions from immunization requirements.

2019-A7838 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7838
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 24, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law,  in  relation  to  requiring  the
   department  of  health to approve medical exemptions from immunization
   requirements
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. 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  any]  (A)  A  physician licensed to practice medicine in this
 state WHO certifies that such  immunization  may  be  detrimental  to  a
 child's  health[,] SHALL SUBMIT A REQUEST ON BEHALF OF SUCH CHILD TO THE
 DEPARTMENT ASKING THAT the requirements of this section [shall] be inap-
 plicable until such immunization is found no longer to be detrimental to
 the child's health.    THE  REQUEST  SHALL  PROVIDE  ACCEPTABLE  MEDICAL
 EVIDENCE  THAT SUCH IMMUNIZATION IS CONTRAINDICATED OR THAT A PRECAUTION
 EXISTS WHICH IS SUPPORTED BY CURRENT FEDERAL CENTERS FOR DISEASE CONTROL
 AND PREVENTION (CDC) GUIDELINES. THE DEPARTMENT SHALL REVIEW THE REQUEST
 AND IF THEY FIND IT PROVIDES ADEQUATE DOCUMENTATION  AND  VALID  MEDICAL
 EVIDENCE SUPPORTING THE EXEMPTION, APPROVE SUCH REQUEST.
   (B)  THE  DEPARTMENT  SHALL  DEVELOP  A  PROCESS FOR MEDICAL EXEMPTION
 REQUESTS TO BE REVIEWED AND APPROVED IN A TIMELY MANNER,  AND  FOR  SUCH
 DECISION  TO  BE  COMMUNICATED  TO  THE  CHILD'S  PARENT OR GUARDIAN AND
 SCHOOL. SUCH PROCESS SHALL INCLUDE AN ABILITY FOR A PHYSICIAN AND PARENT
 TO APPEAL A DEPARTMENT DECISION ON AN EXEMPTION REQUEST.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11673-01-9


              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.