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Assembly Bill A7838

2019-2020 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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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

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