S. 8723 2
2. "FOREIGN JURISDICTION" MEANS ANY STATE, COMMONWEALTH, COUNTRY, OR
NATION OUTSIDE THE STATE OF NEW YORK;
3. "MEDICAL INTERVENTION" MEANS A PROCEDURE, TREATMENT, DEVICE, DRUG
INJECTION, MEDICATION, OR ACTION TAKEN TO DIAGNOSE, PREVENT, OR CURE A
DISEASE OR ALTER THE HEALTH OR BIOLOGICAL FUNCTION OF A PERSON;
4. "SCHOOL" MEANS ANY PUBLIC, PRIVATE, OR PAROCHIAL PRESCHOOL; ANY
KINDERGARTEN, ELEMENTARY, OR SECONDARY SCHOOL; ANY POSTSECONDARY INSTI-
TUTE OF EDUCATION, INCLUDING TRADE SCHOOLS, COLLEGES, AND UNIVERSITIES;
OR ANY OTHER INSTITUTE OF PRIMARY, SECONDARY, OR HIGHER LEARNING OPERAT-
ING IN THIS STATE; AND
5. "TICKET ISSUER" MEANS AN INDIVIDUAL OR ENTITY PROVIDING TICKETS TO
AN ENTERTAINMENT EVENT, INCLUDING ANY OF THE FOLLOWING:
(A) THE OPERATOR OF THE VENUE WHERE AN ENTERTAINMENT EVENT OCCURS;
(B) THE SPONSOR OR PROMOTER OF AN ENTERTAINMENT EVENT;
(C) A SPORTS TEAM PARTICIPATING IN AN ENTERTAINMENT EVENT OR A LEAGUE
WHOSE TEAMS ARE PARTICIPATING IN AN ENTERTAINMENT EVENT;
(D) A THEATER COMPANY, MUSICAL GROUP, OR SIMILAR PARTICIPANT IN AN
ENTERTAINMENT EVENT; OR
(E) AN AGENT OF ANY INDIVIDUAL OR ENTITY DESCRIBED IN THIS SUBDIVI-
SION.
§ 2186. MEDICAL MANDATES PROHIBITED. 1. A BUSINESS ENTITY DOING BUSI-
NESS IN THE STATE OF NEW YORK SHALL NOT REFUSE TO PROVIDE ANY SERVICE,
PRODUCT, ADMISSION TO A VENUE, OR TRANSPORTATION TO A PERSON BECAUSE
THAT PERSON HAS OR HAS NOT RECEIVED OR USED A MEDICAL INTERVENTION.
2. A BUSINESS ENTITY DOING BUSINESS IN THE STATE OF NEW YORK SHALL NOT
REQUIRE A MEDICAL INTERVENTION AS A TERM OF EMPLOYMENT UNLESS REQUIRED
BY FEDERAL LAW OR IN SUCH CASES WHERE THE TERMS OF EMPLOYMENT INCLUDE
TRAVEL TO FOREIGN JURISDICTIONS REQUIRING A MEDICAL INTERVENTION AS THE
ONLY MEANS OF ENTRY OR WHERE THE TERMS OF EMPLOYMENT REQUIRE ENTRY INTO
A PLACE OF BUSINESS OR FACILITY IN A FOREIGN JURISDICTION AND SUCH PLACE
OF BUSINESS OR FACILITY REQUIRES A MEDICAL INTERVENTION AS THE ONLY
MEANS OF ENTRY. IN ANY SUCH INSTANCE WHERE AN EMPLOYEE IS REQUIRED TO
OBTAIN OR USE A MEDICAL INTERVENTION DUE TO TRAVEL TO A FOREIGN JURIS-
DICTION OR ENTRY INTO A PLACE OF BUSINESS OR FACILITY IN A FOREIGN
JURISDICTION, SAID REQUIREMENT SHALL EITHER BE INCLUDED IN A VALID WRIT-
TEN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYER AND THE EMPLOYEE OR, WHEN A
WRITTEN EMPLOYMENT CONTRACT DOES NOT EXIST, ADVANCE WRITTEN NOTICE SHALL
BE PROVIDED TO AN IMPACTED EMPLOYEE NO LESS THAN FOURTEEN DAYS PRIOR TO
SUCH EMPLOYEE BEING REQUIRED TO RECEIVE OR USE A MEDICAL INTERVENTION.
BUSINESS ENTITIES THAT RECEIVE MEDICARE OR MEDICAID FUNDING SHALL BE
EXEMPT FROM THE REQUIREMENTS OF THIS SUBDIVISION.
3. A TICKET ISSUER SHALL NOT PENALIZE, DISCRIMINATE AGAINST, OR DENY
ACCESS TO AN ENTERTAINMENT EVENT TO A TICKET HOLDER BECAUSE THE TICKET
HOLDER HAS OR HAS NOT RECEIVED OR USED A MEDICAL INTERVENTION.
4. A SCHOOL OPERATING IN THE STATE SHALL NOT MANDATE A MEDICAL INTER-
VENTION FOR ANY PERSON TO ATTEND SCHOOL, ENTER CAMPUS OR SCHOOL BUILD-
INGS, OR BE EMPLOYED BY THE SCHOOL.
5. UNLESS REQUIRED BY FEDERAL LAW, NO STATE, COUNTY, OR LOCAL GOVERN-
MENT ENTITY OR OFFICIAL IN NEW YORK SHALL REQUIRE ANY PERSON TO RECEIVE
OR USE A MEDICAL INTERVENTION.
6. UNLESS REQUIRED BY FEDERAL LAW, NO STATE, COUNTY, OR LOCAL GOVERN-
MENT ENTITY OR OFFICIAL IN NEW YORK SHALL REQUIRE ANY PERSON TO RECEIVE
OR USE A MEDICAL INTERVENTION AS A CONDITION FOR:
(A) RECEIPT OF ANY GOVERNMENT BENEFIT;
(B) RECEIPT OF ANY GOVERNMENT SERVICES;
(C) RECEIPT OF ANY GOVERNMENT-ISSUED LICENSE OR PERMIT;
S. 8723 3
(D) ENTRANCE INTO ANY PUBLIC BUILDING;
(E) USE OF PUBLIC TRANSPORTATION; OR
(F) A TERM OF EMPLOYMENT, PROVIDED THAT SUCH ENTITIES THAT RECEIVE
MEDICARE OR MEDICAID FUNDING SHALL BE EXEMPT FROM THE REQUIREMENTS OF
THIS PARAGRAPH.
7. NO STATE, COUNTY, OR LOCAL GOVERNMENT, OR BUSINESS ENTITY IN NEW
YORK SHALL PROVIDE OR OFFER ANY DIFFERENT SALARY, HOURLY WAGE, OR OTHER
ONGOING COMPENSATION OR BENEFITS TO AN EMPLOYEE BASED ON WHETHER THE
EMPLOYEE HAS OR HAS NOT RECEIVED OR USED A MEDICAL INTERVENTION.
8. THE ABILITY TO REQUIRE A MEDICAL INTERVENTION UNDER THIS TITLE IS
SUBJECT TO OTHER STATUTORY OR CONSTITUTIONAL PROVISIONS REGARDING
REQUESTS FOR MEDICAL INTERVENTIONS AND REQUIREMENTS TO PROVIDE REASON-
ABLE ACCOMMODATION.
9. THE PROHIBITION ON MEDICAL INTERVENTIONS SHALL NOT APPLY TO ANY
SITUATION WHERE PERSONAL PROTECTIVE EQUIPMENT, ITEMS, OR CLOTHING ARE
REQUIRED BY EMPLOYERS IN THE PUBLIC OR PRIVATE SECTORS BASED ON EXISTING
TRADITIONAL AND ACCEPTED INDUSTRY STANDARDS OR FEDERAL LAW. THESE
EXEMPTIONS TO THE PROHIBITION ON MEDICAL INTERVENTIONS SHALL NOT APPLY
TO OR INCLUDE ANY VACCINES, MASK REQUIREMENTS, OR OTHER MEDICAL INTER-
VENTIONS INTRODUCED DURING THE COVID-19 PANDEMIC.
10. THE PROVISIONS OF THIS TITLE MAY BE ENFORCED AND INJUNCTIVE RELIEF
MAY BE PURSUED BY EITHER THE ATTORNEY GENERAL OR THE DISTRICT ATTORNEY
FOR THE COUNTY WHERE A VIOLATION OCCURS. IF A BUSINESS ENTITY, OR STATE,
COUNTY, CITY, OR LOCAL GOVERNMENT ENTITY IN NEW YORK IS FOUND TO HAVE
VIOLATED THE PROVISIONS OF THIS TITLE, THE ATTORNEY GENERAL OR DISTRICT
ATTORNEY, AS APPLICABLE, SHALL BE AWARDED ATTORNEYS' FEES AND COSTS
INCURRED IN PURSUING THE ENFORCEMENT ACTION.
§ 3. Subdivisions 2, 3, 5 and 6 of section 2164 of the public health
law, subdivisions 2, 3 and 5 as amended by chapter 401 of the laws of
2015 and subdivision 6 as amended by chapter 35 of the laws of 2019, are
amended to read as follows:
2. [a.] Every person in parental relation to a child in this state
shall have THE CHOICE TO HAVE administered to such child an adequate
dose or doses of an immunizing 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
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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] CHOSEN FOR SUCH CHILD TO RECEIVE such immunization
shall present the child to a health practitioner and request such health
practitioner to administer the [necessary] immunization against poliom-
yelitis, mumps, measles, diphtheria, Haemophilus influenzae type b
(Hib), rubella, varicella, pertussis, tetanus, pneumococcal disease,
meningococcal disease, and hepatitis B as provided in subdivision two of
this section.
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, and hepatitis B to any such child shall
give a certificate of such immunization to the person in parental
relation to such child. IF ANY PERSON IN PARENTAL RELATION TO SUCH CHILD
CHOOSES TO HAVE ADMINISTERED SUCH IMMUNIZATION, SUCH PERSON SHALL SUBMIT
A CERTIFICATE OF SUCH IMMUNIZATION TO THE SCHOOL TO VERIFY THAT SUCH
CHILD HAS RECEIVED THE RECOMMENDED IMMUNIZATION IF AN OUTBREAK DESCRIBED
IN SUBDIVISION SEVEN OF THIS SECTION OCCURS.
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] NO SCHOOL SHALL
REQUIRE A CHILD TO RECEIVE IMMUNIZATION AGAINST POLIOMYELITIS, MUMPS,
MEASLES, DIPHTHERIA, HAEMOPHILUS INFLUENZAE TYPE B (HIB), RUBELLA, VARI-
CELLA, PERTUSSIS, TETANUS, PNEUMOCOCCAL DISEASE, MENINGOCOCCAL DISEASE,
OR HEPATITIS B PRIOR TO BEING ADMITTED OR PENALIZE A CHILD BECAUSE SUCH
CHILD HAS NOT RECEIVED THE RECOMMENDED IMMUNIZATIONS. In the event that
such person does not wish to [select a health practitioner to administer
the] HAVE SUCH CHILD ADMINISTERED WITH AN immunization, [he or she]
THEY shall be provided with a form [which shall give notice that as a
prerequisite to processing the application 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 immuniza-
tion to be administered by a health officer in the public employ, or by
a school physician or nurse] TO FILL OUT STATING SUCH PERSON'S CHOICE
NOT TO HAVE SUCH CHILD ADMINISTERED WITH THE IMMUNIZATION. [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.]
§ 4. Subdivision 7 of section 2164 of the public health law, as
amended by chapter 401 of the laws of 2015, is amended to read as
follows:
7. [(a)] No principal, teacher, owner or person in charge of a school
shall [permit] PREVENT any child [to be admitted] FROM BEING ADMITTED to
such school, or to attend such school[, in excess of fourteen days,
S. 8723 5
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, diphtheria, rubella, varicella, hepatitis
B, pertussis, tetanus, and, where applicable, Haemophilus influenzae
type b (Hib), meningococcal disease, and pneumococcal disease; provided,
however, such fourteen day period may be extended to not more than thir-
ty 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 necessary 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] ON THE BASIS OF SUCH
CHILD'S VACCINATION STATUS.
§ 5. Subdivisions 8 and 8-a of section 2164 of the public health law,
as amended by chapter 401 of the laws of 2015, are amended to read as
follows:
8. If any physician licensed to practice medicine in this state certi-
fies that ANY such immunization may be detrimental to a child's health,
[the requirements of this section shall be inapplicable until such
immunization is found no longer to be detrimental to the child's health]
SUCH PHYSICIAN SHALL GIVE A CERTIFICATE STATING WHICH IMMUNIZATION MAY
BE DETRIMENTAL TO A CHILD'S HEALTH TO THE PERSON IN PARENTAL RELATION TO
SUCH CHILD. THE PERSON IN PARENTAL RELATION TO SUCH CHILD SHALL SUBMIT
SUCH CERTIFICATE TO SUCH CHILD'S SCHOOL TO BE PLACED IN THE CHILD'S
SCHOOL RECORD.
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 OF IMMUNIZATION provided
for in subdivision five of this section or 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,
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 WHO HAS COMPLETED THE RECOMMENDED IMMUNIZATIONS OR HAS
SUBMITTED A CERTIFICATE STATING IMMUNIZATION MAY BE DETRIMENTAL TO SUCH
CHILD'S HEALTH to the local health authority and to the [person in
parental relation to the child together with a notification of the
responsibility of such person under subdivision two of this section and
a form of consent as prescribed by regulation of the commissioner]
DEPARTMENT, 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]
FORWARD A REPORT OF THE NAME AND ADDRESS OF SUCH CHILD WHO HAS NOT
COMPLETED THE RECOMMENDED IMMUNIZATIONS AND HAS FILED THE REQUIRED FORM,
S. 8723 6
PURSUANT TO SUBDIVISION SIX OF THIS SECTION, TO THE LOCAL HEALTH AUTHOR-
ITY AND TO THE DEPARTMENT.
§ 6. Subdivision 6-a of section 310 of the education law is REPEALED.
§ 7. Subparagraph 1 of paragraph (b) of subdivision 5 of section 3208
of the education law, as amended by chapter 352 of the laws of 2005, is
amended to read as follows:
(1) A physical examination pursuant to the provisions of sections nine
hundred one, nine hundred three and nine hundred four of this chapter[,
including proof of immunization as required by section twenty-one
hundred sixty-four of the public health law].
§ 8. Subdivision 3 of section 3304 of the education law, as added by
section 1 of part A of chapter 328 of the laws of 2014, is amended to
read as follows:
3. [Notwithstanding any provisions of subdivision seven of section
twenty-one hundred sixty-four of the public health law to the contrary,
compacting] COMPACTING states shall give thirty days from the date of
enrollment or within such time as is reasonably determined under the
rules promulgated by the interstate commission, for students trans-
ferring from a school in a sending state to obtain any immunizations
[required] RECOMMENDED by the receiving state. [For a series of immuni-
zations, initial vaccinations must be obtained within thirty days or
within such time as is reasonably determined under the rules promulgated
by the interstate commission.]
§ 9. Paragraph (l) of subdivision 1 of section 206 of the public
health law, as added by chapter 207 of the laws of 2004, is amended to
read as follows:
(l) establish and operate such adult and child immunization programs
as are necessary to prevent or minimize the spread of disease and to
protect the public health. Such programs may include the purchase and
distribution of vaccines to providers and municipalities, the operation
of public immunization programs, quality assurance for immunization
related activities and other immunization related activities. The
commissioner may promulgate such regulations as are necessary for the
implementation of this paragraph. Nothing in this paragraph shall
authorize mandatory immunization of adults or children[, except as
provided in sections twenty-one hundred sixty-four and twenty-one
hundred sixty-five of this chapter].
§ 10. Paragraph (c) of subdivision 1 and subdivision 2 of section 613
of the public health law, paragraph (c) of subdivision 1 as amended by
section 24 of part E of chapter 56 of the laws of 2013 and subdivision 2
as amended by chapter 538 of the laws of 1989, are amended to read as
follows:
(c) The commissioner shall invite and encourage the active assistance
and cooperation in such education activities of: the medical societies,
organizations of other licensed health personnel, hospitals, corpo-
rations subject to article forty-three of the insurance law, trade
unions, trade associations, parents and teachers and their associations,
organizations of child care resource and referral agencies, the media of
mass communication, and such other voluntary groups and organizations of
citizens as [he or she] THE COMMISSIONER shall deem appropriate. The
public health and health planning council, the department of education,
the department of family assistance, and the department of mental
hygiene shall provide the commissioner with such assistance in carrying
out the program as [he or she] THE COMMISSIONER shall request. All other
state agencies shall also render such assistance as the commissioner may
reasonably require for this program. Nothing in this subdivision shall
S. 8723 7
authorize mandatory immunization of adults or children[, except as
provided in sections twenty-one hundred sixty-four and twenty-one
hundred sixty-five of this chapter].
2. The commissioner shall set such standards as [he] THEY shall deem
necessary for the proper, safe, and efficient administration of the
program. [He] THE COMMISSIONER shall direct an annual survey to deter-
mine the immunization level of children entering school, and shall
conduct annually an audit of such survey and an audit of the immuniza-
tion level of children attending school. State aid provided by this
article shall be reduced by ten percent, provided however that state aid
for essential public health activities shall not be reduced, unless a
municipality has submitted, in cooperation with local school districts,
a plan within ninety days after the commissioner shall have certified to
such municipality the results of [his] SUCH survey of the immunization
level of children entering schools in such local school districts. Such
plan shall be submitted for the next ensuing school year and a subse-
quent plan shall be submitted annually thereafter [for assuring that
immunizing agents are administered to pre-school children within a
reasonable time prior to but, in any event, no later than their entrance
into school, and to students generally, as required pursuant to section
twenty-one hundred sixty-four of this chapter]. Such plan shall include
the manner in which immunization activities are coordinated among the
local health authority and the school districts. Such reduction in state
aid and the requirement that a municipality submit an immunization plan
shall not be applicable to any municipality where ninety percent or more
of its children entering school are immunized. The determination of the
percentage of immunization shall be made by the commissioner based upon
[his] THEIR audit of immunization surveys.
§ 11. 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] A
CHILD WHO ACQUIRES A CERTIFICATE STATING IMMUNIZATION MAY BE DETRIMENTAL
TO SUCH CHILD'S HEALTH pursuant to subdivision eight of section twenty-
one hundred sixty-four of this title shall be reported by the health
care provider.
§ 12. Subdivision 9 of section 2165 of the public health law, as added
by chapter 405 of the laws of 1989, is amended to read as follows:
9. This section shall not apply to a person who holds genuine and
sincere religious beliefs which are contrary to the practices herein
required OR TO A PERSON WHO CHOOSES NOT TO RECEIVE THE IMMUNIZATIONS
REQUIRED BY THIS SECTION, and no certificate shall be required as a
prerequisite to such person being admitted or received into or attending
an institution.
§ 13. Subdivision 6 of section 2167 of the public health law is
REPEALED.
§ 14. Section 2183 of the public health law is REPEALED.
§ 15. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the amendments to subpara-
graph 1 of paragraph (b) of subdivision 5 of section 3208 of the educa-
tion law made by section seven of this act shall not affect the expira-
tion of such section and shall be deemed to expire therewith.
