The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2371--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2019
                               ___________

Introduced  by  M.  of  A.  DINOWITZ, MOSLEY, BURKE, MAGNARELLI, TAYLOR,
  FAHY, ARROYO, COOK, GLICK, JAFFEE, WALLACE, STECK,  ZEBROWSKI,  JACOB-
  SON, QUART, REYES, PAULIN, L. ROSENTHAL, SIMOTAS -- Multi-Sponsored by
  --  M. of A.  RICHARDSON -- read once and referred 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REPEALED.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

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

                                                           LBD00724-05-9

A. 2371--A                          2

the immunization, he or she shall be provided with a  form  which  shall
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.