Senate Bill S7535

2019-2020 Legislative Session

Relates to medical exemptions from vaccination requirements

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-S7535 (ACTIVE) - Details

See Assembly Version of this Bill:
A8867
Current Committee:
Senate 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:
S2678, A4007

2019-S7535 (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-S7535 (ACTIVE) - Sponsor Memo

2019-S7535 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7535
 
                             I N  S E N A T E
 
                             January 23, 2020
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee 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
 CERTIFICATION BY A PHYSICIAN UNDER THIS SUBDIVISION SHALL NOT BE SUBJECT
 TO REVIEW BY ANY DEPARTMENT, PUBLIC OFFICER OR BOARD.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14179-01-9

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