A08378 Summary:

COSPNSRSteck, Gottfried
Amd 2164 & 613, Pub Health L
Authorizes the commissioner of health to develop and supervise the execution of a program of immunization against COVID-19 for purposes of state aid to schools; requires immunization against COVID-19 for attendance at school.
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A08378 Actions:

10/20/2021referred to health
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A08378 Committee Votes:

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A08378 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Dinowitz
  TITLE OF BILL: An act to amend the public health law, in relation to requiring immuni- zation against COVID-19   PURPOSE: To add immunization against COVID-19 to the statutory list of vaccines that students are required to receive as a condition of attending school. The requirement would only take effect upon full approval of such a vaccine by the U.S. FDA and upon the recommendation by the CDC's Advisory Committee on Immunization Practices.   SUMMARY OF PROVISIONS: Sections 1 and 2 of the bill amend various subdivisions of section 2164 of the Public Health Law to add a vaccine against COVID-19 to the statu- tory list of required vaccines that students must receive as a condition of attending school. Section 3 of the bill amends subdivision 1 of section 613 of the Public Health law to direct the New York State Department of Health to develop and supervise the execution of a program of immunization, surveillance and testing to raise to the highest reasonable level the immunity of the children of the state against COVID-19. Section 4 of the bill is the effective date.   JUSTIFICATION: Under current New York State law, children attending both public and private schools in the state are required to receive vaccinations against polio, mumps, measles, diphtheria, rubella, varicella, Haemophi- lus influenzae type b, pertussis, tetanus, pneumococcal disease, menin- gococcal disease and hepatitis b, in accordance with the Centers of Disease Control's Advisory Committee on Immunization Practices (ACIP) Recommended Immunization Schedules. These required vaccinations help prevent outbreaks of potentially deadly communicable diseases, and contribute to herd immunity in the adult population as students age. As the Delta variant of COVID-19 contributes to increasing infections rates in New York and across the country heading into the 2021-2022 school year, New Yorkers aged 12-15 are the least vaccinated age cohort, with only 37.3% having completed a vaccine series and less than half having received at least one dose of the series as of August 16, 2021. This legislation would add immunization against COVID-19 to the list of required vaccinations that students must receive, but only taking effect once the FDA has granted full approval of such a vaccine and upon the adoption of the vaccine to ACIP's Recommended Immunization Schedules. As with other vaccine requirements, the law would allow medically-necessary exemptions. The implementation schedule of this legislation will ensure that there is a smooth and predictable transition period into the mandate for students, parents, and school administrators once a safe and effective vaccine against COVID-19 has been approved by the FDA and recommended by ACIP.   LEGISLATIVE HISTORY: None, new bill.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect on the thirtieth day after the date upon which an immunizing agent against COVID-19 for which the United States Food and Drug Administration has issued a biologics license is recom- mended by majority vote of the advisory committee on immunization prac- tices of the Centers for Disease Control and Prevention; provided that: (a) the commission of health shall notify legislative bill drafting commission upon the occurrence or both such approval and such recommen- dation in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law; and (b) the amendments to subdivision 7 of section 2164 of the public health law made by section one of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 4 of chapter 35 of the laws of 2019 when upon such date the provisions of section two of this act shall take effect. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date.
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