Assembly Bill A3254

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3254
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2025
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Health
 
 AN  ACT  to amend the public health law and the general business law, in
   relation to requiring children enrolled in  an  overnight,  children's
   non-regulated, summer day, or travelling camp to be vaccinated

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1394 of the public health law is amended by  adding
 two new subdivisions 6-a and 6-b to read as follows:
   6-A.  EACH CHILDREN'S OVERNIGHT, SUMMER DAY, AND TRAVELLING SUMMER DAY
 CAMP SHALL ENSURE THAT EVERY CHILD ENROLLED AT SUCH CAMP HAS BEEN ADMIN-
 ISTERED AN ADEQUATE DOSE OR DOSES OF AN IMMUNIZING AGENT AGAINST POLIOM-
 YELITIS, 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.  IF ANY HEALTH PRACTITIONER, AS DEFINED IN
 SECTION TWENTY-ONE HUNDRED SIXTY-FOUR OF THIS  CHAPTER,  CERTIFIES  THAT
 SUCH  IMMUNIZATION  MAY BE DETRIMENTAL TO A CHILD'S HEALTH, THE REQUIRE-
 MENTS OF THIS SUBDIVISION SHALL BE INAPPLICABLE UNTIL SUCH  IMMUNIZATION
 IS FOUND NO LONGER TO BE DETRIMENTAL TO SUCH CHILD'S HEALTH. THE COMMIS-
 SIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS SHALL BE NECESSARY
 TO IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION.
   6-B. STAFF AT ALL CHILDREN'S CAMPS DEFINED IN SECTION THIRTEEN HUNDRED
 NINETY-TWO  OF THIS ARTICLE SHALL PROVIDE A CAMP OPERATOR WITH A CURRENT
 CERTIFICATE OF IMMUNIZATION HISTORY FOR DIPHTHERIA, MEASLES, MENINGOCOC-
 CAL MENINGITIS, MUMPS, PERTUSSIS, RUBELLA, TETANUS,  AND  VARICELLA.  IF
 ANY  HEALTH  PRACTITIONER,  AS  DEFINED  IN  SECTION  TWENTY-ONE HUNDRED
 SIXTY-FOUR OF THIS CHAPTER, CERTIFIES THAT SUCH IMMUNIZATIONS ARE DETRI-
 MENTAL TO THE INDIVIDUAL'S HEALTH, THE REQUIREMENTS OF THIS  SUBDIVISION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06996-01-5
              

 A. 3254                             2
 
 SHALL  BE  INAPPLICABLE UNTIL SUCH IMMUNIZATION IS FOUND NO LONGER TO BE
 DETRIMENTAL TO SUCH INDIVIDUAL'S HEALTH. THE COMMISSIONER SHALL  PROMUL-
 GATE  SUCH  RULES AND REGULATIONS AS SHALL BE NECESSARY TO IMPLEMENT THE
 PROVISIONS OF THIS SUBDIVISION.
   §  2.  Section  398-f of the general business law is amended by adding
 two new subdivisions 4 and 5 to read as follows:
   4. NOTWITHSTANDING ANY OTHER PROVISION OF  THIS  SECTION  RELATING  TO
 DEPARTMENT  OF  HEALTH  REGULATIONS, EVERY CHILDREN'S NON-REGULATED CAMP
 SHALL ENSURE THAT EVERY CHILD ENROLLED AT SUCH CAMP  HAS  BEEN  ADMINIS-
 TERED  AN  ADEQUATE DOSE OR DOSES OF AN IMMUNIZING AGENT AGAINST POLIOM-
 YELITIS, 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 OF HEALTH UNDER SUCH  CONDITIONS  AS  MAY  BE
 SPECIFIED  BY  THE  PUBLIC  HEALTH  AND  HEALTH PLANNING COUNCIL. IF ANY
 HEALTH PRACTITIONER, AS DEFINED IN SECTION TWENTY-ONE HUNDRED SIXTY-FOUR
 OF THE PUBLIC HEALTH LAW, CERTIFIES THAT SUCH IMMUNIZATION MAY BE DETRI-
 MENTAL TO A CHILD'S HEALTH, THE REQUIREMENTS OF THIS  SUBDIVISION  SHALL
 BE  INAPPLICABLE UNTIL SUCH IMMUNIZATION IS FOUND NO LONGER TO BE DETRI-
 MENTAL TO SUCH CHILD'S HEALTH. THE COMMISSIONER OF HEALTH SHALL  PROMUL-
 GATE  SUCH  RULES AND REGULATIONS AS SHALL BE NECESSARY TO IMPLEMENT THE
 PROVISIONS OF THIS SUBDIVISION.
   5. STAFF AT ALL CHILDREN'S NON-REGULATED CAMPS SHALL  PROVIDE  A  CAMP
 OPERATOR WITH A CURRENT CERTIFICATE OF IMMUNIZATION HISTORY FOR DIPHTHE-
 RIA, MEASLES, MENINGOCOCCAL MENINGITIS, MUMPS, PERTUSSIS, RUBELLA, TETA-
 NUS,  AND  VARICELLA.  IF ANY HEALTH PRACTITIONER, AS DEFINED IN SECTION
 TWENTY-ONE HUNDRED SIXTY-FOUR OF THE PUBLIC HEALTH LAW,  CERTIFIES  THAT
 SUCH  IMMUNIZATIONS  ARE  DETRIMENTAL  TO  THE  INDIVIDUAL'S HEALTH, THE
 REQUIREMENTS OF THIS SUBDIVISION SHALL BE INAPPLICABLE UNTIL SUCH IMMUN-
 IZATION IS FOUND NO  LONGER  TO  BE  DETRIMENTAL  TO  SUCH  INDIVIDUAL'S
 HEALTH. THE COMMISSIONER OF HEALTH SHALL PROMULGATE SUCH RULES AND REGU-
 LATIONS AS SHALL BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SUBDI-
 VISION.
   §  3.  Paragraph  (a) of subdivision 2 of section 398-f of the general
 business law, as amended by chapter 248 of the laws of 2022, is  amended
 to read as follows:
   (a)  No person, firm, corporation or association shall enroll or allow
 participation of a child in a children's non-regulated camp  unless  the
 parent  or  guardian  of  the child has been provided with the following
 written notice on the application or enrollment form:
   "This camp is not regulated or inspected by the New York State Depart-
 ment of Health and is not required to  obtain  a  Department  of  Health
 permit.  This  camp is not required to follow Department of Health regu-
 lations[,  including,]  REGARDING  maintaining  minimum   staff-to-child
 ratios;  hiring medical personnel; or reporting injuries or illnesses to
 the Department of Health."
   § 4. Paragraph (a) of subdivision 2 of section 398-f  of  the  general
 business  law,  as amended by chapter 63 of the laws of 2024, is amended
 to read as follows:
   (a) No person, firm, corporation or association shall enroll or  allow
 participation  of a child in a children's non-regulated camp unless such
 non-regulated camp has registered with the department of  health,  in  a
 form  and  manner  prescribed  by the department of health, on an annual
 basis and the parent or guardian of the child has been provided with the
 following written notice on the application or enrollment form:
 A. 3254                             3
 
   "This camp is registered with but not regulated or  inspected  by  the
 New  York  State  Department  of  Health and is not required to obtain a
 Department of Health permit. This camp is not required to follow Depart-
 ment of Health regulations[, including,] REGARDING  maintaining  minimum
 staff-to-child  ratios;  hiring medical personnel; or reporting injuries
 or illnesses to the Department of Health."
   § 5. This act shall take effect on the first of October next  succeed-
 ing  the  date  on  which it shall have become a law; provided, however,
 that section four of this act shall take effect on the same date and  in
 the  same  manner  as  section 4 of chapter 63 of the laws of 2024 takes
 effect.