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Assembly Bill A8867

2019-2020 Legislative Session

Relates to medical exemptions from vaccination requirements

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Archive: Last Bill Status - In Assembly Committee

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2019-A8867 (ACTIVE) - Details

See Senate Version of this Bill:
S7535
Current Committee:
Assembly Health
Law Section:
Education Law
Laws Affected:
Add §6509-f, Ed L; amd §§2164 & 2805-h, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:
A4007, S2678

2019-A8867 (ACTIVE) - Summary

Provides that it shall not be considered professional misconduct for a physician to provide a certification that an immunization may be detrimental to a patient's health if, in his or her professional judgment, such immunization poses a risk to such patient.

2019-A8867 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8867
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 18, 2019
                                ___________
 
 Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the education law and the public health law, in relation
   to medical exemptions from vaccination requirements
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The education law is amended by adding a new section 6509-f
 to read as follows:
   §  6509-F.  FAILURE  TO  IMMUNIZE  NOT  PROFESSIONAL  MISCONDUCT.   1.
 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IT SHALL NOT
 BE  CONSIDERED  PROFESSIONAL  MISCONDUCT PURSUANT TO THIS SUBARTICLE FOR
 ANY PERSON WHO IS LICENSED UNDER TITLE EIGHT OF THIS CHAPTER TO:
   A. FAIL TO IMMUNIZE ANY PATIENT  UNDER  THEIR  CARE  IF  SUCH  PATIENT
 REFUSES  OR  A PERSON IN PARENTAL RELATION TO A CHILD REFUSES CONSENT TO
 IMMUNIZATION OF SUCH CHILD;
   B. PROVIDE A CERTIFICATION THAT ANY IMMUNIZATION MAY BE DETRIMENTAL TO
 A PATIENT'S HEALTH IF, IN HIS OR HER PROFESSIONAL JUDGMENT, SUCH IMMUNI-
 ZATION POSES A RISK TO SUCH PATIENT; OR
   C. PROVIDE ANY TREATMENT OR CARE TO A PATIENT WHO HAS NOT RECEIVED ANY
 IMMUNIZATIONS REQUIRED BY LAW.
   2. NO PERSON WHO IS LICENSED UNDER TITLE EIGHT OF THIS  CHAPTER  SHALL
 BE  SUBJECT TO ANY PROCEEDINGS, INCLUDING INVESTIGATIONS, FOR MISCONDUCT
 FOR ANY ACTIONS SET FORTH IN SUBDIVISION ONE OF THIS SECTION.
   § 2. 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 physician licensed to practice medicine in this state certi-
 fies that such immunization may be detrimental to a child's health,  the
 requirements  of this section shall be inapplicable until such immuniza-
 tion is found no longer to be detrimental to  the  child's  health.    A

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14179-01-9

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