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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8378
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.
