NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2905
SPONSOR: Zebrowski TITLE OF BILL:
An act to amend the public health law, in relation to requiring the
department of health to approve medical exemptions from immunization
requirements
PURPOSE OR GENERAL IDEA OF BILL:
This bill would require the department of health to approve medical
exemptions from immunizations.
SUMMARY OF PROVISIONS:
Section one of the bill amends section 2164 of the public health law, as
it relates'to requiring physicians who certify that immunizations are
detrimental to a child's health to submit a medical exemption request to
the department of health for approval. The request must include documen-
tation that the medical exemption is supported by CDC guidelines. The
department must develop a process to be reviewed and approved in a time-
ly manner.
Section two of the bill relates to the Effective date.
JUSTIFICATION:
Under current law, a doctor must certify that immunizations would be
detrimental to a child's health. Physicians document the reasons for
certification and submit an exemption form to the child's school.
There is no process for any review of a physician's certification that a
child should be exempt from immunizations. This bill will require that
physicians submit a request for a medical exemption to the Department of
Health who would review the request to determine that it provides
adequate documentation and medical evidence-that such immunization is
contraindicated or that a precaution exists. All requests must be
supported by CDC guidelines on valid medical reasons for exemptions. The
bill also directs the Department to develop a process for a timely
review and approval of requests as well as a manner in which to communi-
cate their decision to the parent-guardian and school.
Medical exemptions are rare but are necessary for children with specific
conditions that contraindicate the use of vaccines. As New York debates
the availability of a religious exemption, we must ensure that there are
sufficient protections in place to maintain the reliability of the
medical exemption process. After California repealed their religious
exemption in 2015, they saw dramatic spikes in the number of medical
exemptions with some schools reporting over 20% of students with medical
exemptions. In New York, the statewide average for kindergarten students
in 2016-17 with a medical exemption was 0.2% of students; in some coun-
ties in California the average is over 7%.,
PRIOR LEGISLATIVE HISTORY:
A.7139 of 2021-22, A.7838 of 2019-20.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
