Assembly Bill A1153

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1153
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 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. THE COMMISSIONER SHALL DEVELOP A STANDARDIZED MEDICAL  IMMUNIZATION
 EXEMPTION  REQUEST  FORM FOR SCHOOL USE. If any physician, NURSE PRACTI-
 TIONER OR PHYSICIAN'S ASSISTANT licensed to practice  medicine  in  this
 state  [certifies]  COMPLETES  THE  REQUIRED EXEMPTION FORM STATING that
 such immunization may be detrimental to a child's health,  the  require-
 ments  of  this section shall be inapplicable until such immunization is
 found no longer to be detrimental to the child's health BY  THE  CHILD'S
 PHYSICIAN,  NURSE PRACTITIONER 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 AND FILE WITH THE CHILD'S SCHOOL THE MEDICAL IMMUNIZATION
 EXEMPTION REQUEST FORM THAT MAY  INCLUDE  BUT  NOT  BE  LIMITED  TO  THE
 FOLLOWING INFORMATION:
 MEDICAL IMMUNIZATION EXEMPTION REQUEST FORM
   (A) NAME(S) OF PARENT, PARENTS OR GUARDIAN:
   (B) NAME OF CHILD:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01170-01-5
              

 A. 1153                             2
 
   (C) CHILD'S BIRTHDATE:
   (D) CHILD'S HOME ADDRESS:
   (E)  MEDICAL REASON, DIAGNOSIS AND/OR CONDITION OF WHICH DEEMS IMMUNI-
 ZATION DETRIMENTAL TO THE  CHILD'S  HEALTH  WITH  CORRESPONDING  MEDICAL
 DOCUMENTATION:
   (F)  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.
 THE  DATE  AND  SIGNATURE OF THE PHYSICIAN, NURSE PRACTITIONER OR PHYSI-
 CIAN'S ASSISTANT SHALL APPEAR HERE. THIS CERTIFICATION, ONCE PROVIDED TO
 THE CHILD'S SCHOOL, SHALL SERVE AS AN EXEMPTION TO SECTION 2164  OF  THE
 PUBLIC HEALTH LAW.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.