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A06041 Summary:

BILL NOA06041
 
SAME ASNo Same As
 
SPONSORDiPietro
 
COSPNSR
 
MLTSPNSR
 
Amd §§2164, 206, 613 & 2168, Pub Health L; rpld §310 sub 6-a, amd §§3208 & 3304, Ed L
 
Allows persons in parental relation to a child to choose to immunize such child and requires a person to submit a form to such child's school when such person wishes not to administer an immunization to such child.
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A06041 Actions:

BILL NOA06041
 
03/31/2023referred to health
01/03/2024referred to health
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A06041 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6041
 
SPONSOR: DiPietro
  TITLE OF BILL: An act to amend the public health law, in relation to allowing persons in parental relation to a child to choose to immunize such child; to amend the education law, in relation to making changes relating thereto; and to repeal subdivision 6-a of section 310 of the education law relat- ing thereto   PURPOSE OR GENERAL IDEA OF BILL: An act to amend the public health law, in relation to allowing persons in parental relation to a child to choose to immunize such child; to amend the educational law, in relation to making changes relating there- to; and to repeal subdivision 6-a of section 310 of the education law relating thereto.   SUMMARY OF PROVISIONS: Section 1: Subdivisions 2, 3, 5 and 6 of section 2164 of the public health law, subdivisions 1 3, and 5 as amendedby chapter 401 of the laws of 2015, subdivision 6 as amended by chapter 35 of the laws of 2019, are amended. Section 2: Subdivision 7 of section 2164 of the public health law, as 25 amended by chapter 35 of the laws of 2019, is subdivision 8 of section 2164 of the public health law, as amended in chapter 401 of the laws of. 2015 is amended. Section 3: Subdivision 7 of section 2164 of the public health law, as amended by chapter 401 of the laws of 2015, is amended. Section 4: 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 and a new subdivision 9 is added. Section 5: Subdivision 6-.a of section 310 of the education law is REPEALED. Section 6: 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. Section 7: 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. Section 8: Paragraph (1) of subdivision 1 of section 206 of the public health law, as added by chapter 207 of the laws of 2004, is amended. Section 9: 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, subdivision 2 as amended by chapter 538 of the laws of 1989, are amended. Section 10: 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. Section. 11: identifies effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Click here to enter text.   JUSTIFICATION: Parents should have full autonomy of their children, not the government. It is a parents God given right to raise their children how they see fit. Forcing vaccinations is an egregious overreach of state Government on the people and a blatant invasion of privacy. Vaccinations are intru- sive, invasive, and infringes on parental right. This bill will allow for bodily autonomy and return the decision on whether or not to vacci- nate our children where it belongs; with the parents.   PRIOR LEGISLATIVE HISTORY: 2021- A04767 Referred to Health 2020- A9709 Referred to Health   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
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A06041 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6041
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 31, 2023
                                       ___________
 
        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 allowing persons
          in parental relation to a child to choose to immunize such  child;  to
          amend the education law, in relation to making changes relating there-
          to;  and to repeal subdivision 6-a of section 310 of the education law
          relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivisions  2, 3, 5 and 6 of section 2164 of the public
     2  health law, subdivisions 2, 3, and 5 as amended by chapter  401  of  the
     3  laws  of  2015,  subdivision  6  as amended by chapter 35 of the laws of
     4  2019, are amended to read as follows:
     5    2. [a.] Every person in parental relation to a  child  in  this  state
     6  shall  have  the  choice  to have administered to such child an adequate
     7  dose or doses of  an  immunizing  agent  against  poliomyelitis,  mumps,
     8  measles,  diphtheria,  rubella, varicella, Haemophilus influenzae type b
     9  (Hib), pertussis, tetanus, pneumococcal disease, and hepatitis B,  which
    10  meets  the standards approved by the United States public health service
    11  for such biological products, and which is approved  by  the  department
    12  under such conditions as may be specified by the public health council.
    13    [b. Every person in parental relation to a child in this state born on
    14  or  after January first, nineteen hundred ninety-four and entering sixth
    15  grade or a comparable age level special education program with an  unas-
    16  signed grade on or after September first, two thousand seven, shall have
    17  administered  to such child a booster immunization containing diphtheria
    18  and tetanus toxoids, and an acellular pertussis vaccine, which meets the
    19  standards approved by the United States public health service  for  such
    20  biological  products, and which is approved by the department under such
    21  conditions as may be specified by the public health council.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06808-01-3

        A. 6041                             2

     1    c. Every person in parental relation to a child in this state entering
     2  or having entered seventh grade and twelfth grade or  a  comparable  age
     3  level  special  education  program  with an unassigned grade on or after
     4  September first, two thousand sixteen, shall have administered  to  such
     5  child an adequate dose or doses of immunizing agents against meningococ-
     6  cal  disease  as  recommended  by the advisory committee on immunization
     7  practices of the centers for disease control and prevention, which meets
     8  the standards approved by the United States public  health  service  for
     9  such  biological products, and which is approved by the department under
    10  such conditions as may be specified by the public  health  and  planning
    11  council.]
    12    3.  The  person  in  parental  relation  to any such child who has not
    13  previously [received] chosen for such child to receive such immunization
    14  shall present the child to a health practitioner and request such health
    15  practitioner to administer the [necessary] immunization against  poliom-
    16  yelitis,  mumps,  measles,  diphtheria,  Haemophilus  influenzae  type b
    17  (Hib), rubella, varicella,  pertussis,  tetanus,  pneumococcal  disease,
    18  meningococcal disease, and hepatitis B as provided in subdivision two of
    19  this section.
    20    5.  The  health  practitioner  who  administers  such immunizing agent
    21  against poliomyelitis, mumps, measles, diphtheria, Haemophilus  influen-
    22  zae  type  b (Hib), rubella, varicella, pertussis, tetanus, pneumococcal
    23  disease, meningococcal disease, and hepatitis B to any such child  shall
    24  give  a  certificate  of  such  immunization  to  the person in parental
    25  relation to such child. If any person in parental relation to such child
    26  chooses to have administered such immunization, such person shall submit
    27  a certificate of such immunization to the school  to  verify  that  such
    28  child has received the recommended immunization if an outbreak described
    29  in subdivision seven of this section occurs.
    30    6.  [In  the event that a person in parental relation to a child makes
    31  application for admission of such child to  a  school  or  has  a  child
    32  attending  school  and  there  exists no certificate or other acceptable
    33  evidence of  the  child's  immunization  against  poliomyelitis,  mumps,
    34  measles,  diphtheria,  rubella, varicella, hepatitis B, pertussis, teta-
    35  nus, and, where applicable, Haemophilus influenzae type b (Hib),  menin-
    36  gococcal  disease,  and  pneumococcal  disease,  the principal, teacher,
    37  owner or person in charge of the school shall inform such person of  the
    38  necessity  to  have  the  child immunized, that such immunization may be
    39  administered by any health practitioner, or that the child may be immun-
    40  ized without charge by the health officer in the county where the  child
    41  resides,  if  such  person  executes a consent therefor] No school shall
    42  require a child to receive immunization  against  poliomyelitis,  mumps,
    43  measles, diphtheria, Haemophilus influenzae type b (Hib), rubella, vari-
    44  cella,  pertussis, tetanus, pneumococcal disease, meningococcal disease,
    45  or hepatitis B prior to being admitted or penalize a child because  such
    46  child  has not received the recommended immunizations. In the event that
    47  such person does not wish to [select a health practitioner to administer
    48  the]  have such child administered with an immunization, he or she shall
    49  be provided with a form [which shall give notice that as a  prerequisite
    50  to processing the application for admission to, or for continued attend-
    51  ance at, the school such person shall state a valid reason for withhold-
    52  ing  consent  or  consent shall be given for immunization to be adminis-
    53  tered by a health officer in the public employ, or by a school physician
    54  or nurse] to fill out stating such person's  choice  not  to  have  such
    55  child  administered  with  the immunization. [The form shall provide for
    56  the execution of a consent by such person and it shall also  state  that

        A. 6041                             3

     1  such  person  need not execute such consent if subdivision eight of this
     2  section applies to such child.]
     3    §  2.  Subdivision  7  of  section  2164  of the public health law, as
     4  amended by chapter 401 of the laws  of  2015,  is  amended  to  read  as
     5  follows:
     6    7.  [(a)  No principal, teacher, owner or person in charge of a school
     7  shall permit any child to be admitted to such school, or to attend  such
     8  school, in excess of fourteen days, without the certificate provided for
     9  in subdivision five of this section or some other acceptable evidence of
    10  the child's immunization against poliomyelitis, mumps, measles, diphthe-
    11  ria,  rubella,  varicella,  hepatitis  B, pertussis, tetanus, and, where
    12  applicable, Haemophilus influenzae type b (Hib), meningococcal  disease,
    13  and  pneumococcal  disease;  provided, however, such fourteen day period
    14  may be extended to not more than thirty days for an  individual  student
    15  by  the  appropriate principal, teacher, owner or other person in charge
    16  where such student is transferring from  out-of-state  or  from  another
    17  country  and  can  show a good faith effort to get the necessary certif-
    18  ication or other evidence of immunization.
    19    (b) A parent, a guardian or any other person in parental  relationship
    20  to  a  child denied school entrance or attendance may appeal by petition
    21  to the commissioner of education in accordance with  the  provisions  of
    22  section  three  hundred  ten  of  the  education  law] A child who lacks
    23  certification of immunization may be excluded from school only  if  such
    24  child  lacks  an  immunization  for  which  there is an active case of a
    25  disease in that child's school that  the  immunization  is  intended  to
    26  prevent  and  the  department  or local health authority has declared an
    27  outbreak of that disease for an area that includes such child's  school.
    28  The  department  or  local  department of health shall notify the proper
    29  school administrator responsible for excluding such  child  from  school
    30  attendance under this subdivision.
    31    §  3. Subdivisions 8 and 8-a of section 2164 of the public health law,
    32  as amended by chapter 401 of the laws of 2015, are  amended  and  a  new
    33  subdivision 9 is added to read as follows:
    34    8. If any physician licensed to practice medicine in this state certi-
    35  fies  that any such immunization may be detrimental to a child's health,
    36  [the requirements of this  section  shall  be  inapplicable  until  such
    37  immunization is found no longer to be detrimental to the child's health]
    38  such  physician  shall give a certificate stating which immunization may
    39  be detrimental to a child's health to the person in parental relation to
    40  such child. The person in parental relation to such child  shall  submit
    41  such  certificate  to  such  child's  school to be placed in the child's
    42  school record to verify such child has not received such immunization if
    43  an outbreak described in subdivision seven of this section occurs.
    44    8-a. Whenever a child has [been refused  admission  to,  or  continued
    45  attendance  at,  a  school  as provided for in subdivision seven of this
    46  section because there exists] no certificate  of  immunization  provided
    47  for  in subdivision five of this section or other acceptable evidence of
    48  the child's immunization against poliomyelitis, mumps, measles, diphthe-
    49  ria, rubella, varicella, hepatitis B,  pertussis,  tetanus,  and,  where
    50  applicable,  Haemophilus influenzae type b (Hib), meningococcal disease,
    51  and pneumococcal disease, the principal, teacher,  owner  or  person  in
    52  charge of the school shall:
    53    a.  forward  a  report of [such exclusion and] the name and address of
    54  such child who  has  completed  the  recommended  immunizations  or  has
    55  submitted  a certificate stating immunization may be detrimental to such
    56  child's health to the local health  authority  and  to  the  [person  in

        A. 6041                             4

     1  parental  relation  to  the  child  together  with a notification of the
     2  responsibility of such person under subdivision two of this section  and
     3  a  form  of  consent  as  prescribed  by regulation of the commissioner]
     4  department, and
     5    b.  [provide,  with  the  cooperation  of the appropriate local health
     6  authority, for a time and place at which an immunizing agent  or  agents
     7  shall  be  administered, as required by subdivision two of this section,
     8  to a child for whom a consent has been obtained. Upon failure of a local
     9  health authority to cooperate in arranging for a time and place at which
    10  an immunizing agent or agents  shall  be  administered  as  required  by
    11  subdivision two of this section, the commissioner shall arrange for such
    12  administration and may recover the cost thereof from the amount of state
    13  aid  to  which  the  local health authority would otherwise be entitled]
    14  forward a report of the name and address  of  such  child  who  has  not
    15  completed the recommended immunizations and has filed the required form,
    16  pursuant to subdivision six of this section, to the local health author-
    17  ity and to the department.
    18    9.  A  school  and  its  employees are immune from civil liability for
    19  decisions concerning admitting and excluding a child that are based on a
    20  good faith implementation of the requirements of  subdivision  seven  of
    21  this section.
    22    § 4. Subdivision 6-a of section 310 of the education law is REPEALED.
    23    §  5. Subparagraph 1 of paragraph (b) of subdivision 5 of section 3208
    24  of the education law, as amended by chapter 352 of the laws of 2005,  is
    25  amended to read as follows:
    26    (1) A physical examination pursuant to the provisions of sections nine
    27  hundred  one, nine hundred three and nine hundred four of this chapter[,
    28  including proof  of  immunization  as  required  by  section  twenty-one
    29  hundred sixty-four of the public health law].
    30    §  6.  Subdivision 3 of section 3304 of the education law, as added by
    31  section 1 of part A of chapter 328 of the laws of 2014,  is  amended  to
    32  read as follows:
    33    3.  [Notwithstanding  any  provisions  of subdivision seven of section
    34  twenty-one hundred sixty-four of the public health law to the  contrary,
    35  compacting]  Compacting  states  shall give thirty days from the date of
    36  enrollment or within such time as is  reasonably  determined  under  the
    37  rules  promulgated  by  the  interstate  commission, for students trans-
    38  ferring from a school in a sending state  to  obtain  any  immunizations
    39  [required]  recommended by the receiving state. [For a series of immuni-
    40  zations, initial vaccinations must be obtained  within  thirty  days  or
    41  within such time as is reasonably determined under the rules promulgated
    42  by the interstate commission.]
    43    §  7.  Paragraph  (l)  of  subdivision  1 of section 206 of the public
    44  health law, as added by chapter 207 of the laws of 2004, is  amended  to
    45  read as follows:
    46    (l)  establish  and operate such adult and child immunization programs
    47  as are necessary to prevent or minimize the spread  of  disease  and  to
    48  protect  the  public  health. Such programs may include the purchase and
    49  distribution of vaccines to providers and municipalities, the  operation
    50  of  public  immunization  programs,  quality  assurance for immunization
    51  related  activities  and  other  immunization  related  activities.  The
    52  commissioner  may  promulgate  such regulations as are necessary for the
    53  implementation of  this  paragraph.  Nothing  in  this  paragraph  shall
    54  authorize  mandatory  immunization  of  adults  or  children[, except as
    55  provided  in  sections  twenty-one  hundred  sixty-four  and  twenty-one
    56  hundred sixty-five of this chapter].

        A. 6041                             5
 
     1    §  8.  Paragraph (c) of subdivision 1 and subdivision 2 of section 613
     2  of the public health law, paragraph (c) of subdivision 1 as  amended  by
     3  section 24 of part E of chapter 56 of the laws of 2013, subdivision 2 as
     4  amended  by  chapter  538  of  the  laws of 1989, are amended to read as
     5  follows:
     6    (c)  The commissioner shall invite and encourage the active assistance
     7  and cooperation in such education activities of: the medical  societies,
     8  organizations  of  other  licensed  health  personnel, hospitals, corpo-
     9  rations subject to article  forty-three  of  the  insurance  law,  trade
    10  unions, trade associations, parents and teachers and their associations,
    11  organizations of child care resource and referral agencies, the media of
    12  mass communication, and such other voluntary groups and organizations of
    13  citizens  as  he  or  she  shall deem appropriate. The public health and
    14  health planning council, the department of education, the department  of
    15  family  assistance,  and  the department of mental hygiene shall provide
    16  the commissioner with such assistance in carrying out the program as  he
    17  or  she  shall  request. All other state agencies shall also render such
    18  assistance as the commissioner may reasonably require for this  program.
    19  Nothing  in  this  subdivision shall authorize mandatory immunization of
    20  adults or children[, except as provided in sections  twenty-one  hundred
    21  sixty-four and twenty-one hundred sixty-five of this chapter].
    22    2.  The  commissioner shall set such standards as he or she shall deem
    23  necessary for the proper, safe,  and  efficient  administration  of  the
    24  program. He or she shall direct an annual survey to determine the immun-
    25  ization level of children entering school, and shall conduct annually an
    26  audit  of such survey and an audit of the immunization level of children
    27  attending school. State aid provided by this article shall be reduced by
    28  ten percent, provided however that state aid for essential public health
    29  activities shall not be reduced, unless a municipality has submitted, in
    30  cooperation with local school districts, a plan within ninety days after
    31  the commissioner shall have certified to such municipality  the  results
    32  of  his  or  her  survey  of the immunization level of children entering
    33  schools in such local school districts. Such plan shall be submitted for
    34  the next ensuing school year and a subsequent plan  shall  be  submitted
    35  annually  thereafter  [for  assuring that immunizing agents are adminis-
    36  tered to pre-school children within a reasonable time prior to  but,  in
    37  any  event,  no  later  than their entrance into school, and to students
    38  generally, as required pursuant to section twenty-one hundred sixty-four
    39  of this chapter]. Such plan shall include the manner in which  immuniza-
    40  tion activities are coordinated among the local health authority and the
    41  school districts. Such reduction in state aid and the requirement that a
    42  municipality  submit an immunization plan shall not be applicable to any
    43  municipality where ninety percent  or  more  of  its  children  entering
    44  school  are  immunized. The determination of the percentage of immuniza-
    45  tion shall be made by the commissioner based upon his or  her  audit  of
    46  immunization surveys.
    47    §  9.  Paragraph  (f)  of  subdivision 5 of section 2168 of the public
    48  health law, as amended by chapter 35 of the laws of 2019, is amended  to
    49  read as follows:
    50    (f)  The immunization status of [children exempt from immunizations] a
    51  child who acquires a certificate stating immunization may be detrimental
    52  to such child's health pursuant to subdivision eight of section  twenty-
    53  one  hundred  sixty-four  of  this title shall be reported by the health
    54  care provider.
    55    § 10. This act shall take effect on the ninetieth day after  it  shall
    56  have  become  a  law; provided, however, that the amendments to subpara-

        A. 6041                             6
 
     1  graph 1 of paragraph (b) of subdivision 5 of section 3208 of the  educa-
     2  tion  law  made by section five of this act shall not affect the expira-
     3  tion of such section and shall be deemed to expire therewith.
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