The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1102
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in  relation  to  a  standardized
   form for medical exemption from required immunizations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. 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,  NURSE  PRACTITIONER  OR  PHYSICIAN'S  ASSISTANT
 licensed  to  practice  medicine in this state [certifies] COMPLETES THE
 REQUIRED EXEMPTION FORM STATING that such  immunization  may  be  detri-
 mental  to  a  child's health, the requirements of this section shall be
 inapplicable until such immunization is found no  longer  to  be  detri-
 mental to the child's health BY THE CHILD'S PHYSICIAN, NURSE PRACTITION-
 ER  OR PHYSICIAN'S ASSISTANT.  THE DEPARTMENT OR ANY OTHER STATE AGENCY,
 BOARD OR COMMISSION MAY NOT REQUIRE ANY OTHER CONDITION  OR  REQUIREMENT
 FOR  THE MEDICAL EXEMPTION TO IMMUNIZATION OR IMMUNIZATIONS PROVIDED FOR
 IN THIS SECTION FOR SCHOOL ADMISSION.
   § 2. Subdivision 8-a of section 2164  of  the  public  health  law  is
 renumbered subdivision 8-b and a new subdivision 8-a is added to read as
 follows:
   8-A.  ANY  PHYSICIAN,  NURSE PRACTITIONER OR PHYSICIAN'S ASSISTANT WHO
 BELIEVES THAT SUCH IMMUNIZATION MAY BE DETRIMENTAL TO THE CHILD'S HEALTH
 MUST COMPLETE THE FOLLOWING FORM AND FILE IT WITH THE CHILD'S SCHOOL:
 MEDICAL EXEMPTION FORM
   (A) NAME(S) OF PARENT, PARENTS OR GUARDIAN:
   (B) NAME OF CHILD:
   (C) CHILD'S BIRTHDATE:
   (D) CHILD'S HOME ADDRESS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02462-01-3
 A. 1102                             2

 
   (E) I HEREBY CERTIFY THAT IMMUNIZATION AGAINST (POLIOMYELITIS,  MUMPS,
 MEASLES,  DIPTHERIA,  RUBELLA,  VARICELLA, HAEMOPHILUS INFLUENZAE TYPE B
 (HIB), PERTUSSIS, TETANUS, PNEUMOCOCCAL DISEASE, INFLUENZA,  MENINGOCOC-
 CAL  DISEASE  AND HEPATITIS B) MAY BE DETRIMENTAL TO THE CHILD'S HEALTH.
 THIS  CERTIFICATION, ONCE PROVIDED TO THE CHILD'S SCHOOL, SHALL SERVE AS
 AN EXEMPTION TO SECTION 2164 OF THE PUBLIC HEALTH LAW.
   (SIGNATURE OF PHYSICIAN, NURSE PRACTITIONER OR PHYSICIAN'S ASSISTANT)
   (DATE)
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.