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2164 of the public health law to the repealed subdivision 9.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public health law to the repealed subdivision 9 of section 2164.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.
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.