Search OpenLegislation Statutes

This entry was published on 2020-11-13
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Immunization of certain post-secondary students
Public Health (PBH) CHAPTER 45, ARTICLE 21, TITLE 6
§ 2165. Immunization of certain post-secondary students. 1. As used in
this section, unless the context requires otherwise:

a. The term "institution" means a college as defined in section two of
the education law.

b. The term "student" means any person born on or after January first,
nineteen hundred fifty-seven, who is registered to attend or attends
classes at an institution, whether full-time or part-time. "Part-time
student" shall mean a student who is enrolled for at least six but less
than twelve semester hours, or the equivalent per semester or at least
four but less than eight semester hours per quarter at an institution.

c. The term "health practitioner" means any person authorized by law
to administer an immunization.

d. The term "immunization" means an adequate dose or doses of an
immunizing agent against measles, mumps and rubella which meets the
standards approved by the United States public health service for such
biological products, and which is approved by the state department of
health under such conditions as may be specified by the public health

2. Each student at an institution shall provide to the institution a
certificate from a health practitioner or other acceptable evidence of
such student's immunization, unless such student presents a certificate
under subdivision eight of this section or is exempt under subdivision
eight-a or nine of this section. Upon compliance, no student shall be
denied attendance at an institution because of the requirements of this

3. A student who has not complied with subdivision two of this section
shall present himself or herself to a health practitioner and request
such practitioner to administer such immunization.

4. If any person is unable to pay for the services of a private health
practitioner, such person shall present himself or herself to the health
officer of the county in which such person resides, or the county in
which the institution is located who shall then administer the
immunization without charge.

5. The health practitioner who administers such immunization to any
such person shall give a certificate of such immunization to such

6. In the event that a student registers at an institution and has not
complied with subdivision two of this section, the institution shall
inform such student of the necessity to be immunized, that such
immunization may be administered by any health practitioner, or that the
student may be immunized without charge by the health officer in the
county where the student resides or in which the institution is located.
In the event that such student does not comply with this section, he or
she shall be given notice that attendance at the institution requires
immunization unless a valid reason is provided by such student pursuant
to subdivision eight or nine of this section.

7. No institution shall permit any student to attend such institution
in excess of thirty days without complying with subdivision two of this
section. However, such thirty day period may be extended to not more
than forty-five days for a student where such student is from
out-of-state or from another country and can show a good faith effort to
comply with subdivision two of this section.

8. If any licensed physician or nurse practitioner certifies that such
immunization may be detrimental to the person's health or is otherwise
medically contraindicated, the requirements of this section shall be
inapplicable until such immunization is found no longer to be
detrimental to such person's health or is no longer medically

8-a. Proof of discharge from the armed services within ten years from
the date of application to an institution shall qualify as a certificate
enabling a student to attend the institution pending actual receipt of
immunization records from the armed services. If while awaiting the
receipt of actual immunization records a health risk shall arise at an
institution, a student presenting a certificate under the terms of this
subdivision shall be removed from the institution if proper immunization
cannot be proved or otherwise rectified.

9. This section shall not apply to a person who holds genuine and
sincere religious beliefs which are contrary to the practices herein
required, and no certificate shall be required as a prerequisite to such
person being admitted or received into or attending an institution.

10. The institution shall provide annually to the commissioner, on
forms provided by the commissioner, a summary regarding compliance with
this section.

11. The commissioner may adopt and amend rules and regulations to
effectuate the provisions and purposes of this section.

13. a. Prior to August first, nineteen hundred ninety-one, this
section shall not apply to (i) part-time students or (ii) any student
who attended the institution he or she is attending prior to August
first, nineteen hundred eighty-nine.

b. Prior to August first, nineteen hundred ninety-one, the thirty and
forty-five day periods referred to in subdivision seven of this section
shall be deemed to be sixty and ninety days, respectively.