Assembly Bill A9913

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9913
 
                           I N  A S S E M B L Y
 
                              April 19, 2022
                                ___________
 
 Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
   tee on Health
 
 AN  ACT to amend the public health law, in relation to an exemption from
   certain vaccination requirements  for  school  attendance  based  upon
   religious beliefs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 2164 of the public health law is amended by  adding
 a new subdivision 9 to read as follows:
   9.  THIS SECTION SHALL NOT APPLY TO CHILDREN WHOSE PARENT, PARENTS, OR
 GUARDIAN HOLD GENUINE AND SINCERE RELIGIOUS BELIEFS WHICH  ARE  CONTRARY
 TO  THE  PRACTICES HEREIN REQUIRED, AND NO CERTIFICATE SHALL BE REQUIRED
 AS A PREREQUISITE TO SUCH  CHILDREN  BEING  ADMITTED  OR  RECEIVED  INTO
 SCHOOL OR ATTENDING SCHOOL.
   §  2.  Subdivision  6  of  section  2164  of the public health law, as
 amended by chapter 35 of the  laws  of  2019,  is  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02231-01-1
 A. 9913                             2
 
 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 applies to such child.
   § 3. Paragraph (f) of subdivision 5 of  section  2168  of  the  public
 health  law, as amended by chapter 35 of the laws of 2019, 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.