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Senate Bill S477

2019-2020 Legislative Session

Extends the protections of the medical exemption from mandatory immunizations for students

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Archive: Last Bill Status - Stricken

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2019-S477 (ACTIVE) - Details

Law Section:
Public Health Law
Laws Affected:
Amd §§2164 & 2165, Pub Health L
Versions Introduced in Other Legislative Sessions:
2013-2014: S6443
2015-2016: S378
2017-2018: S163

2019-S477 (ACTIVE) - Summary

Extends the protections of the medical exemption from mandatory immunizations for students to ensure deference to the professional assessments of physicians, nurse practitioners and physician assistants in the care of their individual patients.

2019-S477 (ACTIVE) - Sponsor Memo

2019-S477 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    477
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public  health  law,  in  relation  to  the  medical
   exemption from mandatory immunizations for students

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The provisions of this act are not intended to detract from
 the public health purpose of school immunization legislation.  This  act
 is  intended  to  ensure  deference  to  the professional assessments of
 physicians, nurse practitioners and physician assistants in the care  of
 their individual patients.
   §  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]  UPON SUBMISSION OF A WRITTEN OPINION BY any physician, NURSE
 PRACTITIONER OR PHYSICIAN ASSISTANT licensed to practice  [medicine]  in
 this state [certifies] STATING that THE PHYSICIAN, NURSE PRACTITIONER OR
 PHYSICIAN  ASSISTANT  BELIEVES such immunization OR IMMUNIZATIONS may be
 detrimental to a child's health, OR  IS  OTHERWISE  CONTRAINDICATED  FOR
 HEALTH  REASONS,  THE  PHYSICIAN'S,  NURSE  PRACTITIONER'S  OR PHYSICIAN
 ASSISTANT'S DETERMINATION SHALL PREVAIL AND  the  requirements  of  this
 section shall be inapplicable until THE CHILD'S PHYSICIAN, NURSE PRACTI-
 TIONER  OR  PHYSICIAN ASSISTANT FINDS such immunization OR IMMUNIZATIONS
 is [found] OR ARE no longer [to be] detrimental to the child's health OR
 IS OR ARE NO LONGER CONTRAINDICATED FOR HEALTH REASONS.
   § 3. Subdivision 8 of section 2165 of the public health law, as  added
 by chapter 405 of the laws of 1989, is amended to read as follows:
   8. [If] UPON SUBMISSION OF A WRITTEN OPINION BY any licensed physician
 [or], nurse practitioner [certifies] OR PHYSICIAN ASSISTANT STATING that
 THE  PHYSICIAN,  NURSE PRACTITIONER OR PHYSICIAN ASSISTANT BELIEVES such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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