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S02677 Summary:

Amd 2164 & 2168, Pub Health L
Provides a religious exemption from vaccination requirements for school attendance.
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S02677 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                    IN SENATE
                                    January 22, 2021
        Introduced  by Sens. GALLIVAN, BORRELLO -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Health
        AN ACT to amend the public health law, in relation to an exemption  from
          certain  vaccination  requirements  for  school  attendance based upon
          religious beliefs

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 2164 of the public health law is amended by adding
     2  a new subdivision 9 to read as follows:
     3    9. This section shall not apply to children whose parent, parents,  or
     4  guardian  hold  genuine and sincere religious beliefs which are contrary
     5  to the practices herein required, and no certificate shall  be  required
     6  as  a  prerequisite  to  such  children  being admitted or received into
     7  school or attending school.
     8    § 2. Subdivision 6 of section  2164  of  the  public  health  law,  as
     9  amended  by  chapter  35  of  the  laws  of  2019, is amended to read as
    10  follows:
    11    6. In the event that a person in parental relation to  a  child  makes
    12  application  for  admission  of  such  child  to a school or has a child
    13  attending school and there exists no  certificate  or  other  acceptable
    14  evidence  of  the  child's  immunization  against  poliomyelitis, mumps,
    15  measles, diphtheria, rubella, varicella, hepatitis B,  pertussis,  teta-
    16  nus,  and, where applicable, Haemophilus influenzae type b (Hib), menin-
    17  gococcal disease, and  pneumococcal  disease,  the  principal,  teacher,
    18  owner  or person in charge of the school shall inform such person of the
    19  necessity to have the child immunized, that  such  immunization  may  be
    20  administered by any health practitioner, or that the child may be immun-
    21  ized  without charge by the health officer in the county where the child
    22  resides, if such person executes a consent therefor. In the  event  that
    23  such  person does not wish to select a health practitioner to administer
    24  the immunization, he or she shall be provided with a  form  which  shall
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 2677                             2
     1  give  notice  that  as  a prerequisite to processing the application for
     2  admission to, or for continued attendance at,  the  school  such  person
     3  shall  state  a valid reason for withholding consent or consent shall be
     4  given  for  immunization  to  be administered by a health officer in the
     5  public employ, or by a school physician or nurse. The form shall provide
     6  for the execution of a consent by such person and it  shall  also  state
     7  that  such  person need not execute such consent if subdivision eight or
     8  nine of this section applies to such child.
     9    § 3. Paragraph (f) of subdivision 5 of  section  2168  of  the  public
    10  health  law, as amended by chapter 35 of the laws of 2019, is amended to
    11  read as follows:
    12    (f) The immunization status  of  children  exempt  from  immunizations
    13  pursuant  to  subdivision eight of section twenty-one hundred sixty-four
    14  of this title and a parent claiming exemption  pursuant  to  subdivision
    15  nine  of  section  twenty-one  hundred sixty-four of this title shall be
    16  reported by the health care provider.
    17    § 4. This act shall take effect immediately.
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