S T A T E O F N E W Y O R K
________________________________________________________________________
1358
2025-2026 Regular Sessions
I N A S S E M B L Y
January 9, 2025
___________
Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
tee 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
such person does not wish to select a health practitioner to administer
the immunization, [he or she] SUCH PERSON shall be provided with a form
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01136-01-5
A. 1358 2
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 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.
New York State is disconnected with their population base. How can a state that supports ‘my body my decision’ when it comes to abortions not have the same sentiment when it pertains to vaccine mandates? As a young family in the state and a life long New Yorker, I wish to let my child decide what they want for themselves and maybe if your public education system properly educates them they’ll make that decision in line with society standards. Instead you force children like mine to be home schooled with no alternatives, all while I still have to pay school taxes to schools my children are banned from enrollment. I can not go to the private sector for primary education because that too has been addressed by New York State legislation. Please give the single income American family a shot in life to succeed and stop being a burden on the middle class that is just trying to get by and live life free.
Sincerely a registered democrat voter who was abandon by my political party in 2019.
110% agree with your comment and I DO know what you went through and are still fighting for. Gd bless you!
I, and a large part of our community, strongly support Assembly Bill A1358, which restores religious exemptions for vaccines in New York schools—especially in light of growing concerns raised by RFK Jr. and others about potential links between childhood vaccines and long-term health outcomes that deserve open discussion and further investigation.
Thank you.
As an old Assemblyman in my district once conveyed to me, “It is outrageous to require an exemption to any medical procedure. Rather, there should be a choice to OPT IN.” I could not agree more that ANY medical mandate is unconstitutional, as bodily autonomy is the most basic, sacred and fundamental of all rights. If we do not at least retain bodily sovereignty, along with parental rights, in essence, we are not free people.
I highly support the religious exemption and it's very upsetting that it was removed in the first place. Each child's healthcare should be an individual decision between the parents and the doctor and the state has no place to make that determination. We all know that vaccines are not without any risk and many times the risks outweigh the benefits. I'm tired of profit being put above children's health and safety. It's no wonder so many people are leaving NY. Please do tihe right thing and bring back the religous exemption.