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Senate Bill S1636

2023-2024 Legislative Session

Prohibits a mandatory immunization against the coronavirus

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Archive: Last Bill Status - In Senate Committee Health Committee

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2023-S1636 (ACTIVE) - Details

See Assembly Version of this Bill:
A3997
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Ren §2182 to be §2184, add §2182, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:
S4376, A4269

2023-S1636 (ACTIVE) - Summary

Prohibits a mandatory immunization against the coronavirus.

2023-S1636 (ACTIVE) - Sponsor Memo

2023-S1636 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1636
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced by Sen. OBERACKER -- 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 prohibiting a
   mandatory immunization against the coronavirus
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2182 of the public health law is renumbered section
 2184 and a new section 2182 is added to read as follows:
   §  2182. CORONAVIRUS; VACCINATION. 1. NO VACCINE USED FOR THE PURPOSES
 OF INDUCING IMMUNITY AGAINST CORONAVIRUS IN HUMANS IN THIS  STATE  SHALL
 BE  MADE  A  MANDATORY  IMMUNIZATION.    NO  PERSON SHALL BE REQUIRED TO
 RECEIVE SUCH VACCINE UNLESS SUCH INDIVIDUAL CHOOSES TO BE VACCINATED.
   2. NO CHILD UNDER THE AGE OF EIGHTEEN SHALL  BE  REQUIRED  TO  RECEIVE
 SUCH  VACCINE AGAINST CORONAVIRUS UNLESS A PERSON IN A PARENTAL RELATION
 TO SUCH CHILD CHOOSES TO HAVE THE CHILD VACCINATED. FOR THE  PURPOSE  OF
 THIS SUBDIVISION THE TERM "PERSON IN PARENTAL RELATION TO A CHILD" SHALL
 MEAN AND INCLUDE ANY PERSON WHO IS A PARENT OR LEGALLY APPOINTED GUARDI-
 AN OF A CHILD UNDER THE AGE OF EIGHTEEN.
   3.  NO  INCAPACITATED PERSON SHALL BE REQUIRED TO RECEIVE SUCH VACCINE
 AGAINST CORONAVIRUS UNLESS A PERSON WHO IS THE LEGAL  GUARDIAN  OF  SUCH
 INCAPACITATED  PERSON CHOOSES TO HAVE THE INCAPACITATED PERSON VACCINAT-
 ED.  FOR THE PURPOSES OF THIS SUBDIVISION: (A) THE  TERM  "INCAPACITATED
 PERSON" SHALL MEAN ANY PERSON OVER THE AGE OF EIGHTEEN WHO ARE UNABLE TO
 MAKE  OR  COMMUNICATE DECISIONS AFFECTING THEIR PHYSICAL HEALTH, SAFETY,
 OR SELF-CARE; AND  (B) THE TERM "LEGAL GUARDIAN" SHALL MEAN AND  INCLUDE
 ANY PERSON WHO IS OVER THE AGE OF EIGHTEEN AND DESIGNATED BY AN INCAPAC-
 ITATED  PERSON  PRIOR  TO  INCAPACITATION  AS  THEIR LEGAL GUARDIAN OR A
 PERSON LEGALLY APPOINTED BY A COURT AS GUARDIAN  OF  SUCH  INCAPACITATED
 PERSON.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03481-01-3

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