NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11179
SPONSOR: Rules (Rosenthal L)
TITLE OF BILL:
An act to amend the public health law, in relation to administering a
This bill protects public health by permitting the Department of Health
to require COVID-19 vaccines for all individuals who are clinically
determined to be safe to receive such vaccine if the state COVID-19
Vaccination Administration Program fails to achieve sufficient immunity.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends article 21 of the public health law by adding a new
Section two establishes the effective date.
COVID-19 has now infected more than 10 million people nationwide. New
York State has seen more than 537,000 cases since the pandemic began in
March 2020 and more than 33,000 New Yorkers have died from the disease.
COVID-19 is highly transmissible, primarily spread through respiratory
droplets. COVID-19 can quickly spread throughout a community, partic-
ularly because asymptomatic individuals can easily spread the disease
without even knowing they are positive. Older adults and individuals
with underlying medical conditions such as cancer, kidney disease, heart
conditions, diabetes, obesity and more, or those who are immunocomprom-
ised, face an increased risk of severe illness from COVID-19.
While steps have been taken to reduce the spread of COVID-19, epidemiol-
ogists and public health experts have concluded that a vaccine will be
necessary to develop herd immunity and ultimately stop the spread of the
disease. In anticipation of a vaccine becoming available, New York State
drafted a Vaccination Administration Program, which sets forth the
manner in which the vaccine will be administered. This plan will help
ensure orderly vaccination, but the State must make efforts to promote
vaccination and ensure that a high enough percentage of the population
is vaccinated against COVID-19 to develop sufficient immunity. If public
health officials determine that sufficient immunity has not been devel-
oped, this legislation will allow the Department of Health to require
vaccination for individuals able to safely receive the vaccine.
This act shall take effect immediately.
STATE OF NEW YORK
December 4, 2020
Introduced by COMMITTEE ON RULES -- (at request of M. of A. L. Rosen-
thal) -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to administering a
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 21 of the public health law is amended by adding a
2 new title 8 to read as follows:
3 TITLE 8
5 Section 2178. COVID-19 vaccination.
6 § 2178. COVID-19 vaccination. 1. At the time a vaccination for COVID-
7 19 is approved by the United States Food and Drug Administration's
8 Center for Biologics Evaluation and Research vaccine product approval
9 process and the New York state clinical advisory task force, such vacci-
10 nation shall be required to be safely and effectively distributed in
11 accordance with the department's COVID-19 vaccination administration
13 2. Once the United States Food and Drug Administration's Center for
14 Biologics Evaluation and Research and the New York state clinical advi-
15 sory task force have approved the safety and effectiveness of a COVID-19
16 vaccination and promotion and distribution plans of such vaccine have
17 begun pursuant to the department's COVID-19 vaccination administration
18 program, if public health officials determine that residents of the
19 state are not developing sufficient immunity from COVID-19, the depart-
20 ment shall mandate vaccination for all individuals or groups of individ-
21 uals who, as shown by clinical data, are proven to be safe to receive
22 such vaccine.
23 3. Any individual who has received a medical exemption from a licensed
24 medical professional shall not be mandated to receive the COVID-19
25 vaccine and shall be excluded from the requirements of this section.
26 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.