Senate Bill S118

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    118
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by Sens. GALLIVAN, BORRELLO, MATTERA, OBERACKER, WEIK -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee 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

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

                                                            LBD00517-01-3
 S. 118                              2
 
 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
 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.