S T A T E O F N E W Y O R K
________________________________________________________________________
2994--A
2019-2020 Regular Sessions
I N S E N A T E
January 31, 2019
___________
Introduced by Sens. HOYLMAN, BAILEY, BIAGGI, CARLUCCI, KRUEGER, MONTGOM-
ERY, RAMOS, SALAZAR, SKOUFIS, THOMAS -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Health --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the public health law, in relation to exemptions from
vaccination due to religious beliefs; to repeal subdivision 9 of
section 2164 of the public health law, relating to exemption from
vaccination due to religious beliefs; and providing for the repeal of
certain provisions upon expiration thereof
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 is
REPEALED.
§ 2. Subdivisions 6 and 7 of section 2164 of the public health law, as
amended by chapter 401 of the laws of 2015, are amended to read as
follows:
6. In the event that a person in parental relation to a child makes
application for admission of such child to a school or has a child
attending school and there exists no certificate or other acceptable
evidence of the child's immunization against poliomyelitis, mumps,
measles, diphtheria, rubella, varicella, hepatitis B, pertussis, teta-
nus, and, where applicable, Haemophilus influenzae type b (Hib), menin-
gococcal disease, and pneumococcal disease, the principal, teacher,
owner or person in charge of the school shall inform such person of the
necessity to have the child immunized, that such immunization may be
administered by any health practitioner, or that the child may be immun-
ized without charge by the health officer in the county where the child
resides, if such person executes a consent therefor. In the event that
such person does not wish to select a health practitioner to administer
the immunization, he or she shall be provided with a form which shall
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00724-04-9
S. 2994--A 2
give notice that as a prerequisite to processing the application for
admission to, or for continued attendance at, the school such person
shall state a valid reason for withholding consent or consent shall be
given for immunization to be administered by a health officer in the
public employ, or by a school physician or nurse. The form shall provide
for the execution of a consent by such person and it shall also state
that such person need not execute such consent if subdivision eight [or
nine] of this section [apply] APPLIES to such child.
7. (a) No principal, teacher, owner or person in charge of a school
shall permit any child to be admitted to such school, or to attend such
school, in excess of fourteen days, without the certificate provided for
in subdivision five of this section or some other acceptable evidence of
the child's immunization against poliomyelitis, mumps, measles, diphthe-
ria, rubella, varicella, hepatitis B, pertussis, tetanus, and, where
applicable, Haemophilus influenzae type b (Hib), meningococcal disease,
and pneumococcal disease; provided, however, such fourteen day period
may be extended to not more than thirty days for an individual student
by the appropriate principal, teacher, owner or other person in charge
where such student is transferring from out-of-state or from another
country and can show a good faith effort to get the necessary certif-
ication or other evidence of immunization OR WHERE THE PARENT, GUARDIAN,
OR ANY OTHER PERSON IN PARENTAL RELATIONSHIP TO SUCH CHILD CAN DEMON-
STRATE THAT A CHILD HAS RECEIVED AT LEAST THE FIRST DOSE IN EACH IMMUNI-
ZATION SERIES REQUIRED BY THIS SECTION AND HAS AGE APPROPRIATE APPOINT-
MENTS SCHEDULED TO COMPLETE THE IMMUNIZATION SERIES ACCORDING TO THE
ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES RECOMMENDED IMMUNIZATION
SCHEDULES FOR PERSONS AGED 0 THROUGH 18 YEARS.
(b) A parent, a guardian or any other person in parental relationship
to a child denied school entrance or attendance may appeal by petition
to the commissioner of education in accordance with the provisions of
section three hundred ten of the education law.
§ 3. Paragraph (f) of subdivision 5 of section 2168 of the public
health law, as amended by chapter 154 of the laws of 2013, is amended to
read as follows:
(f) The immunization status of children exempt from immunizations
pursuant to subdivision eight of section twenty-one hundred sixty-four
of this title [and a parent claiming exemption pursuant to subdivision
nine of section twenty-one hundred sixty-four of this title] shall be
reported by the health care provider.
§ 4. This act shall take effect immediately; provided that the amend-
ments to subdivision 7 of section 2164 of the public health law made by
section two of this act shall expire and be deemed repealed June 30,
2020.
