Provides that it shall not be considered professional misconduct for a physician to provide a certification that an immunization may be detrimental to a patient's health if, in his or her professional judgment, such immunization poses a risk to such patient.
STATE OF NEW YORK
2021-2022 Regular Sessions
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 education law and the public health law, in relation
to medical exemptions from vaccination requirements
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 6509-f
2 to read as follows:
3 § 6509-f. Failure to immunize not professional misconduct. 1.
4 Notwithstanding any other provision of law to the contrary, it shall not
5 be considered professional misconduct pursuant to this subarticle for
6 any person who is licensed under title eight of this chapter to:
7 a. fail to immunize any patient under their care if such patient
8 refuses or a person in parental relation to a child refuses consent to
9 immunization of such child;
10 b. provide a certification that any immunization may be detrimental to
11 a patient's health if, in his or her professional judgment, such immuni-
12 zation poses a risk to such patient; or
13 c. provide any treatment or care to a patient who has not received any
14 immunizations required by law.
15 2. No person who is licensed under title eight of this chapter shall
16 be subject to any proceedings, including investigations, for misconduct
17 for any actions set forth in subdivision one of this section.
18 § 2. Subdivision 8 of section 2164 of the public health law, as
19 amended by chapter 401 of the laws of 2015, is amended to read as
21 8. If any physician licensed to practice medicine in this state certi-
22 fies that such immunization may be detrimental to a child's health, the
23 requirements of this section shall be inapplicable until such immuniza-
24 tion is found no longer to be detrimental to the child's health. A
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
S. 2678 2
1 certification by a physician under this subdivision shall not be subject
2 to review by any department, public officer or board.
3 § 3. Paragraph (c) of subdivision 1 of section 2805-h of the public
4 health law, as amended by chapter 266 of the laws of 2006, is amended to
5 read as follows:
6 (c) If any physician licensed to practice medicine in this state
7 certifies that such immunization may be detrimental to a child's health,
8 the requirements of this section shall be inapplicable until such immun-
9 ization is found no longer to be detrimental to the child's health. A
10 certification by a physician under this paragraph shall not be subject
11 to review by any department, public officer or board.
12 § 4. This act shall take effect immediately.