Assembly Bill A8398

2021-2022 Legislative Session

Relates to limiting exemptions from immunizations; repealer

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2021-A8398 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §2164-a, rpld §2165 sub 9, Pub Health L
Versions Introduced in Other Legislative Sessions:
2023-2024: A2125
2025-2026: A3325

2021-A8398 (ACTIVE) - Summary

Limits exemptions from immunization requirements by local governments and private entities to medical exemptions; repeals religious exemptions for certain post-secondary students.

2021-A8398 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8398
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2021
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Health
 
 AN  ACT  to  amend  the  public  health  law,  in  relation  to limiting
   exemptions from immunizations; and to  repeal  certain  provisions  of
   such  law  relating to religious exemptions for certain post-secondary
   students

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 2164-a to read as follows:
   § 2164-A. IMMUNIZATION EXEMPTIONS. NO ORGANIZATION OR ENTITY,  INCLUD-
 ING  A  LOCAL  GOVERNMENT,  SCHOOL  BOARD,  BUSINESS, OR EMPLOYER, WHICH
 REQUIRES IMMUNIZATION AGAINST ANY DISEASE  SHALL  PERMIT  ANY  EXEMPTION
 FROM  SUCH  REQUIREMENT  EXCEPT  A MEDICAL EXEMPTION. ANY PROVISION OF A
 LAW, RULE, REGULATION, OR POLICY ADOPTED BY ANY ENTITY THAT ALLOWS FOR A
 NON-MEDICAL EXEMPTION TO AN IMMUNIZATION  REQUIREMENT  SHALL  BE  DEEMED
 NULL  AND  VOID.  A  MEDICAL  EXEMPTION SHALL BE ESTABLISHED IN THE SAME
 MANNER AS SET FORTH IN SUBDIVISION EIGHT OF SECTION  TWENTY-ONE  HUNDRED
 SIXTY-FOUR OF THIS TITLE.
   §  2.  Subdivision  9  of  section  2165  of  the public health law is
 REPEALED.
   § 3. Severability. If any clause,  sentence,  paragraph,  subdivision,
 section  or  part of this title shall be adjudged by any court of compe-
 tent jurisdiction to be invalid, such judgment shall not affect,  impair
 or invalidate the remainder thereof, but shall be confined in its opera-
 tion  to  the  clause, sentence, paragraph, subdivision, section or part
 thereof directly involved in the  controversy  in  which  such  judgment
 shall have been rendered. It is hereby declared the intent of the legis-
 lature  that  this  act  would  have  been  enacted even if such invalid
 provisions had not been included herein.
   § 4. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13237-02-1

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