New York State Assembly

 
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A02371 Summary:

A02371 Actions:

A02371 Committee Votes:

Committee:HEALTH   Chair:Gottfried      
DATE:06/13/2019AYE/NAY:14/12  Action: Favorable refer to committee Rules        
Gottfried
Aye
Raia
Nay
Schimminger
Nay
McDonough
Nay
Galef
Aye
Ra
Nay
Dinowitz
Aye
Garbarino
Nay
Cahill
Aye
Byrne
Nay
Paulin
Aye
Byrnes
Nay
Cymbrowitz
Nay
Ashby
Nay
Gunther
Aye
Rosenthal
Aye
Hevesi
Aye
Jaffee
Aye
Steck
Aye
Abinanti
Nay
Braunstein
Aye
Kim
Aye
Solages
Aye
Bichotte
Nay
Barron
Nay
Sayegh
Aye

Committee:RULES   Chair:Gottfried      
DATE:06/13/2019AYE/NAY:20/8  Action: Favorable         
Heastie
Excused
Kolb
Nay
Gottfried
Aye
Crouch
Nay
Lentol
Nay
Finch
Aye
Gantt
Excused
Barclay
Aye
Nolan
Aye
Raia
Nay
Weinstein
Nay
Hawley
Nay
Ortiz
Aye
Giglio
Nay
Pretlow
Aye
Malliotakis
Aye
Cook
Aye
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Excused
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Nay
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye

A02371 Floor Votes:

A02371 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A2371A
 
SPONSOR: Dinowitz (MS)

 
TITLE OF BILL:  An act to amend the public health law, in relation to
exemptions from vaccination due to religious beliefs; to repeal subdivi-
sion 9 of section 2164 of the public health law, relating to exemption
from vaccination due to religious beliefs; and providing for the repeal
of certain provisions upon expiration thereof
 
 
PURPOSE:
 
This bill would repeal all non-medical exemptions from vaccination
requirements for children. SUMMARY OF PROVISIONS:
 
Section 1 of the bill repeals subdivision 9 of section 2164 of the
public health law.
 
Section 2 of the bill strikes a reference in subdivision 6 of section
2164 of the public health law to the repealed subdivision 9.
 
Section 2 also amends subdivision 7 of section 2164 to allow unvaccinat-
ed children a grace period during which they can still attend school or
day care, provided they can demonstrate that they have received at least
the first dose of each required immunization series, and have age-appro-
priate appointments scheduled to complete such immunization series.
 
Section 3 strikes a reference in subdivision 5 of section 2168 of the
public health law to the repealed subdivision 9 of section 2164.
 
 
JUSTIFICATION:
 
Existing New York State law requires all children in New York to receive
certain immunizations for poliomyelitis, mumps, measles, diphtheria,
rubella, HiB, hepatitis B, and varicella. The law provides an exemption
from the immunization requirements where a physician certifies that the
immunization may be detrimental to a child's health.
 
According to the Centers for Disease Control, sustaining a high vaccina-
tion rate among school children is vital to the prevention of disease
outbreaks, including the reestablishment of diseases that have been
largely eradicated in the United States, such as measles.  According to
State data from 2013-2014, there are at least 285 schools in New York
with an immunization rate below 85%, including 170 schools below 70%,
far below the CDC's goal of at least a 95% vaccination rate to maintain
herd immunity. This bill would repeal exemptions currently found in the
law for children whose parents have non-medical objections to immuniza-
tions.
 
 
PRIOR LEGISLATIVE HISTORY:
 
2017-18- A.1810 - Referred to Health/S.52 - Referred to Health
2015-16- A.8329 - Referred to Health/S.6017 - Referred to Health
 
 
FISCAL IMPLICATIONS:
 
None.
 
 
EFFECTIVE DATE:
This act shall take effect immediately.

A02371 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2371--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  DINOWITZ, MOSLEY, BURKE, MAGNARELLI, TAYLOR,
          FAHY, ARROYO, COOK, GLICK, JAFFEE, WALLACE, STECK,  ZEBROWSKI,  JACOB-
          SON, QUART, REYES, PAULIN, L. ROSENTHAL, SIMOTAS -- Multi-Sponsored by
          --  M. of A.  RICHARDSON -- read once and referred to the Committee on
          Health -- committee discharged, bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee
 
        AN  ACT  to  amend the public health law, in relation to exemptions from
          vaccination due to religious  beliefs;  to  repeal  subdivision  9  of
          section  2164  of  the  public  health law, relating to exemption from
          vaccination due to religious beliefs; and providing for the repeal  of
          certain provisions upon expiration thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 9 of section 2164 of the public health  law  is
     2  REPEALED.
     3    § 2. Subdivisions 6 and 7 of section 2164 of the public health law, as
     4  amended  by  chapter  401  of  the  laws of 2015, are amended to read as
     5  follows:
     6    6. In the event that a person in parental relation to  a  child  makes
     7  application  for  admission  of  such  child  to a school or has a child
     8  attending school and there exists no  certificate  or  other  acceptable
     9  evidence  of  the  child's  immunization  against  poliomyelitis, mumps,
    10  measles, diphtheria, rubella, varicella, hepatitis B,  pertussis,  teta-
    11  nus,  and, where applicable, Haemophilus influenzae type b (Hib), menin-
    12  gococcal disease, and  pneumococcal  disease,  the  principal,  teacher,
    13  owner  or person in charge of the school shall inform such person of the
    14  necessity to have the child immunized, that  such  immunization  may  be
    15  administered by any health practitioner, or that the child may be immun-
    16  ized  without charge by the health officer in the county where the child
    17  resides, if such person executes a consent therefor. In the  event  that
    18  such  person does not wish to select a health practitioner to administer

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00724-05-9
        A. 2371--A                          2
 
     1  the immunization, he or she shall be provided with a  form  which  shall
     2  give  notice  that  as  a prerequisite to processing the application for
     3  admission to, or for continued attendance at,  the  school  such  person
     4  shall  state  a valid reason for withholding consent or consent shall be
     5  given for immunization to be administered by a  health  officer  in  the
     6  public employ, or by a school physician or nurse. The form shall provide
     7  for  the  execution  of a consent by such person and it shall also state
     8  that such person need not execute such consent if subdivision eight  [or
     9  nine] of this section [apply] applies to such child.
    10    7.  (a)  No  principal, teacher, owner or person in charge of a school
    11  shall permit any child to be admitted to such school, or to attend  such
    12  school, in excess of fourteen days, without the certificate provided for
    13  in subdivision five of this section or some other acceptable evidence of
    14  the child's immunization against poliomyelitis, mumps, measles, diphthe-
    15  ria,  rubella,  varicella,  hepatitis  B, pertussis, tetanus, and, where
    16  applicable, Haemophilus influenzae type b (Hib), meningococcal  disease,
    17  and  pneumococcal  disease;  provided, however, such fourteen day period
    18  may be extended to not more than thirty days for an  individual  student
    19  by  the  appropriate principal, teacher, owner or other person in charge
    20  where such student is transferring from  out-of-state  or  from  another
    21  country  and  can  show a good faith effort to get the necessary certif-
    22  ication or other evidence of immunization or where the parent, guardian,
    23  or any other person in parental relationship to such  child  can  demon-
    24  strate that a child has received at least the first dose in each immuni-
    25  zation  series required by this section and has age appropriate appoint-
    26  ments scheduled to complete the immunization  series  according  to  the
    27  Advisory  Committee  on  Immunization Practices Recommended Immunization
    28  Schedules for Persons Aged 0 through 18 Years.
    29    (b) A parent, a guardian or any other person in parental  relationship
    30  to  a  child denied school entrance or attendance may appeal by petition
    31  to the commissioner of education in accordance with  the  provisions  of
    32  section three hundred ten of the education law.
    33    §  3.  Paragraph  (f)  of  subdivision 5 of section 2168 of the public
    34  health law, as amended by chapter 154 of the laws of 2013, is amended to
    35  read as follows:
    36    (f) The immunization status  of  children  exempt  from  immunizations
    37  pursuant  to  subdivision eight of section twenty-one hundred sixty-four
    38  of this title [and a parent claiming exemption pursuant  to  subdivision
    39  nine  of  section  twenty-one hundred sixty-four of this title] shall be
    40  reported by the health care provider.
    41    § 4. This act shall take effect immediately; provided that the  amend-
    42  ments  to subdivision 7 of section 2164 of the public health law made by
    43  section two of this act shall expire and be  deemed  repealed  June  30,
    44  2020.