Legislation

§ 2167. Immunization against meningococcal meningitis. 1. As used in
this section, unless the context requires otherwise:

a. The term "student" means a person attending an institution and, in
the case of a student attending college, "student" means a person who is
registered to attend or who attends classes at an institution, who is
enrolled for at least six semester hours or the equivalent per semester,
or at least four semester hours per quarter.

b. The term "institution" means an academy or college, as defined in
section two of the education law, or a children's overnight camp as
defined in section one thousand three hundred ninety-two of this
chapter, where the person attending such camp remains overnight for a
period of not fewer than seven days.

c. The term "immunization" means an adequate dose or doses of an
immunizing agent against meningococcal meningitis in accordance with
regulations issued by the commissioner, utilizing generally accepted
medical standards and taking into consideration recommendations of the
American Academy of Pediatrics, the American Academy of Family
Physicians, the American College of Obstetricians and Gynecologists, the
American College of Physicians, the Advisory Committee on Immunization
Practices, and/or other similar nationally or internationally recognized
scientific organizations.

2. Each institution shall distribute, in a form provided or approved
by the commissioner, written information about meningococcal meningitis
and meningitis immunization to all students. The information provided by
the institution shall include, but not be limited to, the following:

a. a description of the disease and means of transmission;

b. the benefits, risks, and effectiveness of immunization;

c. the availability and cost of immunization, including an indication
of whether or not the institution offers meningococcal meningitis
immunization services.

3. Each institution shall also distribute, in a form provided or
approved by the commissioner of health, a response form, to be completed
by the student or, where the student is under the age of eighteen years,
such student's parent or guardian, which shall include the following:

a. The student, or if under the age of eighteen years the parent or
guardian of the student, certifies that the student has already received
immunization against meningococcal meningitis within the ten years
preceding the date of the response form;

b. The student, or if under the age of eighteen years the parent or
guardian of such student, has received and reviewed the information
provided by the institution, understands the risks of meningococcal
meningitis and the benefits of immunization, and has decided that the
student shall not obtain immunization against meningococcal meningitis.

The student, or if under the age of eighteen years the parent or
guardian of such student, shall indicate his or her decision in a box or
space placed appropriately on the form and shall return the completed
form to the institution. Nothing in this subdivision shall be construed
to prohibit an institution from incorporating the form required by this
subdivision into another health certificate or form required by the
institution.

4. Each institution shall maintain completed response forms.

5. No institution shall permit any student to attend the institution
in excess of thirty days without complying with this section; provided,
however, that such thirty day period may be extended to not more than
sixty days if a student can show a good faith effort to comply with this
section.

6. Nothing in this section shall be construed to prohibit institutions
from adopting or maintaining more stringent policies regarding
immunization against meningococcal meningitis.