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
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to health
May 24, 2019 referred to health

Co-Sponsors

A7838 (ACTIVE) - Details

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

A7838 (ACTIVE) - Summary

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

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