S T A T E O F N E W Y O R K
________________________________________________________________________
1811
2023-2024 Regular Sessions
I N A S S E M B L Y
January 23, 2023
___________
Introduced by M. of A. DINOWITZ, TAYLOR -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to mandatory influen-
za vaccine for persons attending daycare
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, as amended by chap-
ter 401 of the laws of 2015, subdivision 6 as amended by chapter 35 of
the laws of 2019, is amended to read as follows:
§ 2164. Definitions; immunization against poliomyelitis, mumps,
measles, diphtheria, rubella, varicella, Haemophilus influenzae type b
(Hib), pertussis, tetanus, pneumococcal disease, meningococcal disease,
INFLUENZA VIRUS, and hepatitis B. 1. As used in this section, unless the
context requires otherwise:
a. The term "school" means and includes any public, private or paro-
chial child caring center, day nursery, day care agency, nursery school,
kindergarten, elementary, intermediate or secondary school.
b. The term "child" shall mean and include any person between the ages
of two months and eighteen years.
c. The term "person in parental relation to a child" shall mean and
include his father or mother, by birth or adoption, his legally
appointed guardian, or his custodian. A person shall be regarded as the
custodian of a child if he has assumed the charge and care of the child
because the parents or legally appointed guardian of the minor have
died, are imprisoned, are mentally ill, or have been committed to an
institution, or because they have abandoned or deserted such child or
are living outside the state or their whereabouts are unknown, or have
designated the person pursuant to title fifteen-A of article five of the
general obligations law as a person in parental relation to the child.
d. The term "health practitioner" shall mean any person authorized by
law to administer an immunization.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00822-01-3
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2. a. Every person in parental relation to a child in this state shall
have administered to such child an adequate dose or doses of an immuniz-
ing agent against poliomyelitis, mumps, measles, diphtheria, rubella,
varicella, Haemophilus influenzae type b (Hib), pertussis, tetanus,
pneumococcal disease, and hepatitis B, which meets the standards
approved by the United States public health service for such biological
products, and which is approved by the department under such conditions
as may be specified by the public health council.
b. Every person in parental relation to a child in this state born on
or after January first, nineteen hundred ninety-four and entering sixth
grade or a comparable age level special education program with an unas-
signed grade on or after September first, two thousand seven, shall have
administered to such child a booster immunization containing diphtheria
and tetanus toxoids, and an acellular pertussis vaccine, which meets the
standards approved by the United States public health service for such
biological products, and which is approved by the department under such
conditions as may be specified by the public health council.
c. Every person in parental relation to a child in this state entering
or having entered seventh grade and twelfth grade or a comparable age
level special education program with an unassigned grade on or after
September first, two thousand sixteen, shall have administered to such
child an adequate dose or doses of immunizing agents against meningococ-
cal disease as recommended by the advisory committee on immunization
practices of the centers for disease control and prevention, which meets
the standards approved by the United States public health service for
such biological products, and which is approved by the department under
such conditions as may be specified by the public health and planning
council.
D. EVERY PERSON IN PARENTAL RELATION TO A CHILD IN THIS STATE ENTERING
OR HAVING ENTERED A LICENSED AND REGISTERED CHILD DAYCARE HOME, PROGRAM
OR FACILITY SHALL HAVE ADMINISTERED TO SUCH CHILD AN ADEQUATE DOSE OR
DOSES OF IMMUNIZING AGENTS AGAINST INFLUENZA VIRUS AS RECOMMENDED BY THE
ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES OF THE CENTERS FOR DISEASE
CONTROL AND PREVENTION, WHICH MEETS THE STANDARDS APPROVED BY THE UNITED
STATES PUBLIC HEALTH SERVICE FOR SUCH BIOLOGICAL PRODUCTS, AND WHICH IS
APPROVED BY THE DEPARTMENT UNDER SUCH CONDITIONS AS MAY BE SPECIFIED BY
THE PUBLIC HEALTH AND PLANNING COUNCIL.
3. The person in parental relation to any such child who has not
previously received such immunization shall present the child to a
health practitioner and request such health practitioner to administer
the necessary immunization against poliomyelitis, mumps, measles,
diphtheria, Haemophilus influenzae type b (Hib), rubella, varicella,
pertussis, tetanus, pneumococcal disease, meningococcal disease, INFLU-
ENZA VIRUS, and hepatitis B as provided in subdivision two of this
section.
4. If any person in parental relation to such child is unable to pay
for the services of a private health practitioner, such person shall
present such child to the health officer of the county in which the
child resides, who shall then administer the immunizing agent without
charge.
5. The health practitioner who administers such immunizing agent
against poliomyelitis, mumps, measles, diphtheria, Haemophilus influen-
zae type b (Hib), rubella, varicella, pertussis, tetanus, pneumococcal
disease, meningococcal disease, INFLUENZA VIRUS, and hepatitis B to any
such child shall give a certificate of such immunization to the person
in parental relation to such child.
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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, INFLUENZA VIRUS, and pneumococcal disease, the princi-
pal, teacher, owner or person in charge of the school shall inform such
person of the necessity to have the child immunized, that such immuniza-
tion may be administered by any health practitioner, or that the child
may be immunized 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 appli-
cation 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 of this section 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,
INFLUENZA VIRUS, and pneumococcal disease; provided, however, such four-
teen 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 neces-
sary certification or other evidence of immunization.
(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.
8. If any physician licensed to practice medicine in this state certi-
fies that such immunization may be detrimental to a child's health, the
requirements of this section shall be inapplicable until such immuniza-
tion is found no longer to be detrimental to the child's health.
8-a. Whenever a child has been refused admission to, or continued
attendance at, a school as provided for in subdivision seven of this
section because there exists no certificate provided for in subdivision
five of this section or other acceptable evidence of the child's immuni-
zation against poliomyelitis, mumps, measles, diphtheria, rubella, vari-
cella, hepatitis B, pertussis, tetanus, and, where applicable, Haemophi-
lus influenzae type b (Hib), meningococcal disease, INFLUENZA VIRUS, and
pneumococcal disease, the principal, teacher, owner or person in charge
of the school shall:
a. forward a report of such exclusion and the name and address of such
child to the local health authority and to the person in parental
relation to the child together with a notification of the responsibility
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of such person under subdivision two of this section and a form of
consent as prescribed by regulation of the commissioner, and
b. provide, with the cooperation of the appropriate local health
authority, for a time and place at which an immunizing agent or agents
shall be administered, as required by subdivision two of this section,
to a child for whom a consent has been obtained. Upon failure of a local
health authority to cooperate in arranging for a time and place at which
an immunizing agent or agents shall be administered as required by
subdivision two of this section, the commissioner shall arrange for such
administration and may recover the cost thereof from the amount of state
aid to which the local health authority would otherwise be entitled.
10. The commissioner may adopt and amend rules and regulations to
effectuate the provisions and purposes of this section.
11. Every school shall annually provide the commissioner, on forms
provided by the commissioner, a summary regarding compliance with the
provisions of this section.
§ 2. This act shall take effect one year after it shall have become a
law.