Mosley, Burke, Magnarelli, Fahy, Glick, Jaffee, Wallace, Steck, Zebrowski, Jacobson, Quart, Reyes,
Paulin, Rosenthal L, Simotas, Titus, Niou, De La Rosa
MLTSPNSR
Rpld §2164 sub 9, amd §§2164 & 2168, Pub Health L
Relates to exemptions from vaccinations due to religious beliefs; and repeals certain provisions relating to exemption from vaccination due to religious beliefs.
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2164 of the public health law to the repealed subdivision 9.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public health law to the repealed subdivision 9 of section 2164.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.
