Add §§2169-a & 2184, amd §§2164 & 2805-h, Pub Health L; add §6509-f, Ed L; add §200-b, Lab L
Prohibits mandatory COVID-19 vaccination; limits civil liability of employers; prohibits requiring vaccination for education, employment, travel or other activities; enacts a vaccine bill of rights.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3807
SPONSOR: DiPietro TITLE OF BILL:
An act to amend the public health law, in relation to a vaccine bill of
rights to protect New York citizens against unconstitutional and
medically irresponsible COVID-19 vaccine mandates; to amend the educa-
tion law and the public health law, in relation to medical exemptions
from vaccination requirements; to amend the labor law, in relation to
limiting the civil liability of employers and employees for the spread
or possible transmission of COVID-19 caused by an act or omission while
acting in good faith; to amend the public health law, in relation to
prohibiting a mandatory immunization against the novel
coronavirus/COVID-19; and to amend the public health law, in relation to
exempting private and parochial schools and day care centers from immun-
ization requirements
PURPOSE OR GENERAL IDEA OF BILL:
to protect citizens against unconstitutional and medically irresponsible
COVID-19 vaccine mandates; to amend the education law and the public
health law, in relation to medical exemptions from vaccination require-
ments; to amend the labor law, in relation to limiting the civil liabil-
ity of employers and employees for the spread or possible transmission
of COVID-19 caused by an act or omission while acting in good faith; to
amend the public health law, in relation to prohibiting a mandatory
immunization against the novel coronavirus/COVID-19; and to amend the
public health law, in relation to exempting private and parochial
schools and day care centers from immunization requirements
SUMMARY OF PROVISIONS:
Section 1 - Legislative findings-
Section 2 - The public health law is amended by adding new section 2169
Vaccine bill of rights. No person will be mandated to take an exper-
imental or "investigational" medication.
Section 3 - The Education Law is amended by adding a new section 65094-
Failure to immunize not considered professional misconduct.
Section 4 - Subdivision 8 of section 2164 of the public health law as
amended by chapter 401 of the laws Of 2015, is amended to read -A
certification by a physician under this subdivision shall not be subject
to review by any department, public officer or board.
Section 5 - Paragraph ( c) of subdivision 1 of section 2805-h of the
public health law, amended by chapter 266 of the laws of 2006, is '
amended A certification by a physician under this subdivision shall not
be subject to review by any department, public officer or board.
Section 6 - The labor law is amended by adding a new section 200-b-Limi-
tation on Liability for employers and employees during COVID-19 pandemic
Section 7 - The public health law is amended by adding a new section
2183 - Novel coronavirus/ COVID19; immunization
Section 8 - Paragraph a of subdivision 1 of section 2164 of the public
health law, as amended by chapter401 of the laws of 2015, is amended to
add the word pre-kindergarten as "school"
Section 9 - Effective Date
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Click here to enter text.
JUSTIFICATION:
Every Individual has the undeniable freedom to choose what is put into
their bodies and this freedom negates any forced and mandated vaccines
PRIOR LEGISLATIVE HISTORY:
2023-2024 A 6454 referred to health
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
none.
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
3807
2025-2026 Regular Sessions
IN ASSEMBLY
January 30, 2025
___________
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 a vaccine bill of
rights to protect New York citizens against unconstitutional and
medically irresponsible COVID-19 vaccine mandates; to amend the educa-
tion law and the public health law, in relation to medical exemptions
from vaccination requirements; to amend the labor law, in relation to
limiting the civil liability of employers and employees for the spread
or possible transmission of COVID-19 caused by an act or omission
while acting in good faith; to amend the public health law, in
relation to prohibiting a mandatory immunization against the novel
coronavirus/COVID-19; and to amend the public health law, in relation
to exempting private and parochial schools and day care centers from
immunization requirements
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings. The Founders designated that a Bill
2 of Rights was necessary to guard individual liberty against encroach-
3 ments from state and federal actors, public and private. The 14th Amend-
4 ment to the U.S. Constitution explicitly directs states not to "deprive
5 any person of life, liberty, or property, without due process of law;
6 nor deny to any person within its jurisdiction the equal protection of
7 the laws". No COVID vaccine is FDA-approved but some are authorized
8 under a temporary Emergency Use Authorization as experimental (investi-
9 gational) agents. Emergency use products are specifically prohibited by
10 federal law 21 U.S.C. §360bbb-3 from being mandated: "Authorization for
11 medical products for use in emergencies ... require ... the option to
12 accept or refuse administration of the product". The CDC Advisory
13 Committee on Immunization Practices (ACIP) affirmed in August 2020 that
14 under an Emergency Use Authorization (EUA), experimental vaccines are
15 not allowed to be mandatory. Decades-old universally accepted Codes of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07252-01-5
A. 3807 2
1 Medical Ethics, including the Nuremberg Code and the Declaration of
2 Helsinki absolutely prohibits any form of coercion whatsoever to indi-
3 viduals to participate in a medical experiment. 40 percent of respond-
4 ents in at least one US poll reported that they would opt out of taking
5 experimental COVID vaccines. It is neither feasible nor safe to mandate
6 experimental vaccination given the large number of COVID-19 recovered
7 patients in the general population and the FDA/Pfizer/Moderna protocols
8 which excluded COVID-19 recovered patients. It is neither feasible nor
9 safe to administer experimental vaccines to many groups of patients,
10 such as persons with post-natural infections, waning titers, allergic
11 reactions, as well as childbearing women. Public and private measures
12 are nonetheless being considered to mandate experimental vaccinations in
13 order to participate in certain public activities and functions of daily
14 American life, including but not limited to: employment, in-person
15 school attendance, public transportation, and concert performances.
16 "Vaccine passports," "digital health IDs," and other such required
17 documentation pose substantial risks to personal privacy and equal
18 treatment before the law for all citizens of New York as well as the
19 United States generally. Administration of the experimental COVID-19
20 vaccines according to guidelines established by the CDC's Advisory
21 Committee on Immunization Practices do not provide adequate protections
22 for average Americans concerned about potential health hazards associ-
23 ated with the inoculations. The public is entitled to receive unbiased,
24 transparent, easily accessible medical information related to all
25 vaccines from their public health officials. The doctors and nurses
26 administering the inoculation are required by law to give informed
27 consent and they cannot do that if they themselves are not informed.
28 The emergency powers assumed by the chief executives of certain states
29 as well as municipal leaders violate certain unalienable rights guaran-
30 teed under the U.S. Constitution and its Bill of Rights and therefore
31 deserve redress. While these legitimate grievances are pursued by the
32 courts of various states, state lawmakers must enshrine certain rights
33 against encroachment by decrees that are not medically or scientifically
34 indicated, such as vaccine mandates, in order to ensure the continuity
35 of these rights. A COVID-19 Vaccine Bill of Rights against COVID-19
36 vaccine mandates provides an example of adoption for other legislative
37 bodies across the United States to be recognized and upheld by the
38 attorneys general of those states. Technical guidance for employers
39 released by the U.S. Equal Employment Opportunity Commission (EEOC) in
40 December should not be understood to undermine employee constitutional
41 rights. State legislative bodies must practice oversight of such federal
42 assistance consistent with their enumerated powers. Out-of-state commer-
43 cial vendors, including Ticketmaster, cannot require venue operators and
44 organizers to mandate proof of vaccination from concertgoers and other
45 paying customers before freely entering a venue on private or public
46 property. K-12 vaccinations cannot be required without certain clear and
47 consistent exemptions applied, among them medical and conscience claus-
48 es, or risk forfeiting a district's or school board's authority in the
49 State of New York to authorize such a mandate, nor can a vaccine mandate
50 for these populations be a factor in state school-aid funding. Inter-
51 state carriers such as airlines and all forms of public transit calling
52 for so-called "vaccine passports" as a condition of entry cannot be
53 allowed to operate with state licensure and waivers.
54 § 2. The public health law is amended by adding a new section 2169-a
55 to read as follows:
A. 3807 3
1 § 2169-a. Vaccine bill of rights. 1. No persons will be mandated,
2 coerced, forced or pressured to take an experimental or "investigation-
3 al" medication.
4 2. All persons reserve the right, at all times, to determine what is
5 in their own best medical interest without threat to their livelihood,
6 schooling, or freedom of movement.
7 3. No physician or nurse shall be asked by an employer to promote a
8 COVID-19 vaccine.
9 4. All healthcare providers must attest that they are aware of the
10 VAERS database and their professional obligation to check it regularly
11 and share information about VAERS with each vaccine recipient. All
12 persons will be informed of the specific vaccine they are receiving.
13 5. All persons must be given access to independent information to help
14 them determine what is in their own best medical interest, including the
15 risk of death based upon age/condition from contracting the virus
16 naturally. This must include information from sources that are independ-
17 ent of a conflict of interest. For example, pharmaceutical companies
18 have an inherent conflict of interest, as do government or quasi-govern-
19 ment institutions. Such information can be included but cannot be the
20 sole source of information.
21 6. The frail elderly are additionally entitled to a knowledgeable,
22 independent advocate with medical training to help them determine their
23 own medical interest.
24 7. Private businesses operating within the state have no legal author-
25 ity to require or mandate or coerce medication or experimental medica-
26 tion for any persons.
27 § 3. The education law is amended by adding a new section 6509-f to
28 read as follows:
29 § 6509-f. Failure to immunize not professional misconduct. 1.
30 Notwithstanding any other provision of law to the contrary, it shall not
31 be considered professional misconduct pursuant to this subarticle for
32 any person who is licensed under this title to:
33 a. fail to immunize any patient under their care if such patient
34 refuses or a person in parental relation to a child refuses consent to
35 immunization of such child;
36 b. provide a certification that any immunization may be detrimental to
37 a patient's health if, in their professional judgment, such immunization
38 poses a risk to such patient; or
39 c. provide any treatment or care to a patient who has not received any
40 immunizations required by law.
41 2. No person who is licensed under this title shall be subject to any
42 proceedings, including investigations, for misconduct for any actions
43 set forth in subdivision one of this section.
44 § 4. Subdivision 8 of section 2164 of the public health law, as
45 amended by chapter 401 of the laws of 2015, is amended to read as
46 follows:
47 8. If any physician licensed to practice medicine in this state certi-
48 fies that such immunization may be detrimental to a child's health, the
49 requirements of this section shall be inapplicable until such immuniza-
50 tion is found no longer to be detrimental to the child's health. A
51 certification by a physician under this subdivision shall not be subject
52 to review by any department, public officer or board.
53 § 5. Paragraph (c) of subdivision 1 of section 2805-h of the public
54 health law, as amended by chapter 266 of the laws of 2006, is amended to
55 read as follows:
A. 3807 4
1 (c) If any physician licensed to practice medicine in this state
2 certifies that such immunization may be detrimental to a child's health,
3 the requirements of this section shall be inapplicable until such immun-
4 ization is found no longer to be detrimental to the child's health. A
5 certification by a physician under this paragraph shall not be subject
6 to review by any department, public officer or board.
7 § 6. The labor law is amended by adding a new section 200-b to read as
8 follows:
9 § 200-b. Limitation on liability for employers and employees during
10 COVID-19 pandemic. 1. For purposes of this section, the following terms
11 shall have the following meanings:
12 (a) "Covered entity" shall mean one or more individuals, business
13 trusts, legal representatives, corporations, companies, associations,
14 firms, partnerships, societies, joint stock companies, universities,
15 schools, not-for-profit organizations, religious organizations or any
16 organized group of such entities.
17 (b) "Good faith" shall mean making reasonable efforts to act in
18 compliance with (i) applicable guidance from a federal, state, local,
19 territorial or tribal public health authority; or (ii) appropriate
20 professional or industry standards, recommendations or guidance.
21 (c) "Serious bodily injury" shall mean (i) death or injury requiring
22 in-patient hospitalization of at least forty-eight hours; (ii) permanent
23 impairment of a bodily function; or (iii) permanent damage to a body
24 structure.
25 2. Notwithstanding any other provision of law and except as provided
26 in subdivision three of this section, no covered entity, as defined by
27 paragraph (a) of subdivision one of this section, shall be liable in any
28 civil action for the spread or possible transmission of COVID-19 caused
29 by an act or omission of such covered entity acting in good faith in the
30 workplace.
31 3. Subdivision two of this section shall not apply if harm to another
32 individual is shown, by clear and convincing evidence, to be caused by
33 an act or omission constituting willful or criminal misconduct, reckless
34 misconduct, gross negligence, or a conscious flagrant indifference to
35 the rights or safety of the individual harmed by such covered entity.
36 For purposes of this section, infection with COVID-19 shall not be the
37 basis for damages arising from bodily injury, except to the extent that
38 such injury is serious bodily injury.
39 § 7. The public health law is amended by adding a new section 2184 to
40 read as follows:
41 § 2184. Novel coronavirus/COVID-19; immunization. 1. No immunization
42 used for the purposes of inducing immunity against COVID-19 in humans in
43 this state shall be made a mandatory immunization. No person shall be
44 required to receive such vaccine.
45 2. No child under the age of eighteen shall be required to receive
46 such vaccine against COVID-19 unless a person in a parental relation to
47 such child requests and consents to have the child vaccinated. For the
48 purpose of this subdivision the term "person in parental relation to a
49 child" shall have the same meaning as set forth in section twenty-one
50 hundred sixty-four of this article. Prior to administering the immuni-
51 zation every health care provider or practitioner shall provide a list
52 of ingredients contained in the vaccine as provided by the manufacturer
53 product insert and all potential side effects as indicated by industry
54 studies.
55 3. No incapacitated person shall be required to receive such immuniza-
56 tion against COVID-19 unless a person who is the legal guardian of such
A. 3807 5
1 incapacitated person chooses to have the incapacitated person vaccinat-
2 ed. For the purposes of this subdivision: (a) the term "incapacitated
3 person" shall mean any person over the age of eighteen who is unable to
4 make or communicate decisions affecting their physical health, safety,
5 or self-care; and (b) the term "legal guardian" shall mean and include
6 any person who is over the age of eighteen and designated by an incapac-
7 itated person prior to incapacitation as their legal guardian or a
8 person legally appointed by a court as guardian of such incapacitated
9 person.
10 4. No immunization against COVID-19 shall be required for:
11 (a) attendance by students or employment of teachers and staff at any
12 public or private educational institution or day care facility;
13 (b) travel to or from any location, including other states or coun-
14 tries;
15 (c) receipt of any government services;
16 (d) entrance into public buildings;
17 (e) employment or continued employment in any business or not-for-pro-
18 fit organization; or
19 (f) use of public transportation.
20 5. (a) No governmental entity shall provide any special privileges or
21 financial rewards to any individual for receiving immunization against
22 COVID-19.
23 (b) No health care provider or practitioner which administers vaccine
24 shall be offered any incentive or compensation to achieve targeted
25 vaccination rates.
26 (c) No insurance company or other entity that could profit from the
27 sale of COVID-19 vaccines shall provide any funding, incentives or
28 advertising to any party to increase sales of a COVID-19 vaccine.
29 6. No nursing home, state-sponsored group home for adults or children
30 or any other group home shall require immunization against COVID-19 as a
31 condition of residency.
32 7. No person shall be required to have, carry or present evidence of
33 having received immunization against COVID-19.
34 § 8. Paragraph a of subdivision 1 of section 2164 of the public health
35 law, as amended by chapter 401 of the laws of 2015, is amended to read
36 as follows:
37 a. The term "school" means and includes any public[, private or paro-
38 chial child caring center, day nursery, day care agency, nursery
39 school,] pre-kindergarten, kindergarten, elementary, intermediate or
40 secondary school.
41 § 9. This act shall take effect immediately.
