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S02994 Summary:

BILL NOS02994A
 
SAME ASSAME AS A02371-A
 
SPONSORHOYLMAN
 
COSPNSRBAILEY, BIAGGI, CARLUCCI, KRUEGER, MONTGOMERY, RAMOS, SALAZAR, SKOUFIS, THOMAS
 
MLTSPNSR
 
Rpld 2164 sub 9, amd 2164 & 2168, Pub Health L
 
Relates to exemptions from vaccinations due to religious beliefs; and repeals certain provisions relating to exemption from vaccination due to religious beliefs.
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S02994 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2994--A
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 31, 2019
                                       ___________
 
        Introduced by Sens. HOYLMAN, BAILEY, BIAGGI, CARLUCCI, KRUEGER, MONTGOM-
          ERY,  RAMOS, SALAZAR, SKOUFIS, THOMAS -- read twice and ordered print-
          ed, and when printed to be committed to the  Committee  on  Health  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        AN ACT to amend the public health law, in relation  to  exemptions  from
          vaccination  due  to  religious  beliefs;  to  repeal subdivision 9 of
          section 2164 of the public health  law,  relating  to  exemption  from
          vaccination  due to religious beliefs; and providing for the repeal of
          certain provisions upon expiration thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision 9 of section 2164 of the public health law is
     2  REPEALED.
     3    § 2. Subdivisions 6 and 7 of section 2164 of the public health law, as
     4  amended by chapter 401 of the laws of  2015,  are  amended  to  read  as
     5  follows:
     6    6.  In  the  event that a person in parental relation to a child makes
     7  application for admission of such child to  a  school  or  has  a  child
     8  attending  school  and  there  exists no certificate or other acceptable
     9  evidence of  the  child's  immunization  against  poliomyelitis,  mumps,
    10  measles,  diphtheria,  rubella, varicella, hepatitis B, pertussis, teta-
    11  nus, and, where applicable, Haemophilus influenzae type b (Hib),  menin-
    12  gococcal  disease,  and  pneumococcal  disease,  the principal, teacher,
    13  owner or person in charge of the school shall inform such person of  the
    14  necessity  to  have  the  child immunized, that such immunization may be
    15  administered by any health practitioner, or that the child may be immun-
    16  ized without charge by the health officer in the county where the  child
    17  resides,  if  such person executes a consent therefor. In the event that
    18  such person does not wish to select a health practitioner to  administer
    19  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.
                                                                   LBD00724-04-9

        S. 2994--A                          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 [apply] applies to such child.
     9    7. (a) No principal, teacher, owner or person in charge  of  a  school
    10  shall  permit any child to be admitted to such school, or to attend such
    11  school, in excess of fourteen days, without the certificate provided for
    12  in subdivision five of this section or some other acceptable evidence of
    13  the child's immunization against poliomyelitis, mumps, measles, diphthe-
    14  ria, rubella, varicella, hepatitis B,  pertussis,  tetanus,  and,  where
    15  applicable,  Haemophilus influenzae type b (Hib), meningococcal disease,
    16  and pneumococcal disease; provided, however, such  fourteen  day  period
    17  may  be  extended to not more than thirty days for an individual student
    18  by the appropriate principal, teacher, owner or other person  in  charge
    19  where  such  student  is  transferring from out-of-state or from another
    20  country and can show a good faith effort to get  the  necessary  certif-
    21  ication or other evidence of immunization or where the parent, guardian,
    22  or  any  other  person in parental relationship to such child can demon-
    23  strate that a child has received at least the first dose in each immuni-
    24  zation series required by this section and has age appropriate  appoint-
    25  ments  scheduled  to  complete  the immunization series according to the
    26  Advisory Committee on Immunization  Practices  Recommended  Immunization
    27  Schedules for Persons Aged 0 through 18 Years.
    28    (b)  A parent, a guardian or any other person in parental relationship
    29  to a child denied school entrance or attendance may appeal  by  petition
    30  to  the  commissioner  of education in accordance with the provisions of
    31  section three hundred ten of the education law.
    32    § 3. Paragraph (f) of subdivision 5 of  section  2168  of  the  public
    33  health law, as amended by chapter 154 of the laws of 2013, is amended to
    34  read as follows:
    35    (f)  The  immunization  status  of  children exempt from immunizations
    36  pursuant to subdivision eight of section twenty-one  hundred  sixty-four
    37  of  this  title [and a parent claiming exemption pursuant to subdivision
    38  nine of section twenty-one hundred sixty-four of this  title]  shall  be
    39  reported by the health care provider.
    40    §  4. This act shall take effect immediately; provided that the amend-
    41  ments to subdivision 7 of section 2164 of the public health law made  by
    42  section  two  of  this  act shall expire and be deemed repealed June 30,
    43  2020.
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