STATE OF NEW YORK
________________________________________________________________________
6119
2023-2024 Regular Sessions
IN SENATE
March 30, 2023
___________
Introduced by Sen. RHOADS -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to the administration
of the novel coronavirus/COVID-19 immunization
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 2184 to read as follows:
3 § 2184. Novel coronavirus/COVID-19; immunization. 1. No immunization
4 used for the purposes of inducing immunity against COVID-19 in humans in
5 this state shall be made a mandatory immunization issued by an adminis-
6 trative agency. No person shall be required to receive such immunization
7 unless mandated by the legislature.
8 2. No child under the age of eighteen shall be required to receive
9 such immunization against COVID-19 unless a person in a parental
10 relation to such child requests and consents to have the child immunized
11 or unless required by the legislature. For the purpose of this subdivi-
12 sion the term "person in parental relation to a child" shall have the
13 same meaning as set forth in section twenty-one hundred sixty-four of
14 this article. Prior to administering the immunization every health care
15 provider or practitioner shall provide a list of ingredients contained
16 in the immunization as provided by the manufacturer product insert and
17 all potential side effects as indicated by industry studies.
18 3. No incapacitated person shall be required to receive such immuniza-
19 tion against COVID-19 unless a person who is the legal guardian of such
20 incapacitated person chooses to have the incapacitated person immunized
21 or required by law duly enacted by the legislature. For the purposes of
22 this subdivision: (a) the term "incapacitated person" shall mean any
23 person over the age of eighteen who is unable to make or communicate
24 decisions affecting their physical health, safety, or self-care; and (b)
25 the term "legal guardian" shall mean and include any person who is over
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07389-02-3
S. 6119 2
1 the age of eighteen and designated by an incapacitated person prior to
2 incapacitation as their legal guardian or a person legally appointed by
3 a court as guardian of such incapacitated person.
4 4. Unless required by the legislature, no administrative agency shall
5 require immunization against COVID-19 for:
6 (a) attendance by students or employment of teachers and staff at any
7 public or private educational institution, school or day care facility;
8 (b) travel to or from any location, including other states or coun-
9 tries;
10 (c) receipt of any government services;
11 (d) entrance into public buildings;
12 (e) employment or continued employment in any business or not-for-pro-
13 fit organization; or
14 (f) use of public transportation.
15 6. No nursing home, state-sponsored group home for adults or children
16 or any other group home shall require immunization against COVID-19 as a
17 condition of residency unless required by the legislature.
18 7. No person shall be required to have, carry or present evidence of
19 having received immunization against COVID-19 unless required by the
20 legislature.
21 § 2. Paragraph a of subdivision 1 of section 2164 of the public health
22 law, as amended by chapter 401 of the laws of 2015, is amended to read
23 as follows:
24 a. The term "school" means and includes any public, [private or paro-
25 chial child caring center, day nursery, day care agency, nursery
26 school,] pre-kindergarten, kindergarten, elementary, intermediate or
27 secondary school.
28 § 3. This act shall take effect immediately.
