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A02045 Summary:

BILL NOA02045
 
SAME ASNo Same As
 
SPONSORDiPietro
 
COSPNSR
 
MLTSPNSR
 
Amd §§2164, 206, 613 & 2168, Pub Health L; rpld §310 sub 6-a, amd §§3208 & 3304, Ed L
 
Allows persons in parental relation to a child to choose to immunize such child and requires a person to submit a form to such child's school when such person wishes not to administer an immunization to such child.
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A02045 Actions:

BILL NOA02045
 
01/14/2025referred to health
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A02045 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2045
 
SPONSOR: DiPietro
  TITLE OF BILL: An act to amend the public health law, in relation to allowing persons in parental relation to a child to choose to immunize such child; to amend the education law, in relation to making changes relating thereto; and to repeal subdivision 6-a of section 310 of the education law relat- ing thereto   PURPOSE OR GENERAL IDEA OF BILL: An act to amend the public health law, in relation to allowing persons in parental relation to a child to choose to immunize such child, to amend the education law, in relation to making changes thereto, and to repeal subdivision 6-a of section 310 of the education law relating thereto   SUMMARY OF PROVISIONS: Section 1: Subdivisions 2, 3, 5 and 6 of section 2164 of the public health law, subdivisions 1 3, and 5 as amendedby chapter 401 of the laws of 2015, subdivision 6 as amended by chapter 35 of the laws of 2019, are amended. Section 2: Subdivision 7 of section 2164 of the public health law, as 25 amended by chapter 35 of the laws of 2019, is subdivision 8 of section 2164 of the public health law, as amended in chapter 401 of the laws of. 2015 is amended. Section 3: Subdivision 7 of section 2164 of the public health law, as amended by chapter 401 of the laws of 2015, is amended. Section 4: Subdivisions 8 and 8-a of section 2164 of the public health law, as amended by chapter 401 of the laws of 2015, are amended and a new subdivision 9 is added. Section 5: Subdivision 6-.a of section 310 of the education law is REPEALED. Section 6: Subparagraph 1 of paragraph (b) of subdivision 5 of section 3208 of the education law, as amended by chapter 352.of the laws of 2005, is amended. Section 7: Subdivision 3 of section 3304 of the education law, as added by section 1 of part A of chapter 328 of the laws of 2014. is amended. Section 8: Paragraph (1) of subdivision 1 of section 206 of the public health law, as added by chapter 207 of the laws of 2004, is amended. Section 9: Paragraph (c) of subdivision 1 and subdivision 2 of section 613 of the public health law, paragraph (c) of subdivision 1 as amended by section 24 of part E of chapter 56 of the laws of 2013, subdivision 2 as amended by chapter 538 of the laws of 1989, are amended. Section 10: Paragraph (f) of subdivision 5 of section 2168 of the public, health law, as amended by chapter 35 of the laws of 2019, is amended. Section. 11: identifies effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Click here to enter text.   JUSTIFICATION: Parents should have full autonomy of their children, not the government. It Is a parents God given right to raise their children how they see fit. Forcing vaccinations Is an egregious overreach of state GoVernment on the peopld and a blatant Invasion of privacy. Vaccinations are intru- sive, invasive, and infringes on parental right. This bill will allow for bodily autonomy and return the decision on whether or not to vacci- nate our children where It belongs; with the parents.   PRIOR LEGISLATIVE HISTORY: 2024- A6041 Referred to Health 2023- A6041 Referred to Health 2021- A04767 Referred to Health 2020- A9709 Referred to Health   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law
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A02045 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2045
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2025
                                       ___________
 
        Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
          tee on Health
 
        AN  ACT  to amend the public health law, in relation to allowing persons
          in parental relation to a child to choose to immunize such  child;  to
          amend the education law, in relation to making changes relating there-
          to;  and to repeal subdivision 6-a of section 310 of the education law
          relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivisions  2, 3, 5 and 6 of section 2164 of the public
     2  health law, subdivisions 2, 3, and 5 as amended by chapter  401  of  the
     3  laws  of  2015,  subdivision  6  as amended by chapter 35 of the laws of
     4  2019, are amended to read as follows:
     5    2. [a.] Every person in parental relation to a  child  in  this  state
     6  shall  have  the  choice  to have administered to such child an adequate
     7  dose or doses of  an  immunizing  agent  against  poliomyelitis,  mumps,
     8  measles,  diphtheria,  rubella, varicella, Haemophilus influenzae type b
     9  (Hib), pertussis, tetanus, pneumococcal disease, and hepatitis B,  which
    10  meets  the standards approved by the United States public health service
    11  for such biological products, and which is approved  by  the  department
    12  under such conditions as may be specified by the public health council.
    13    [b. Every person in parental relation to a child in this state born on
    14  or  after January first, nineteen hundred ninety-four and entering sixth
    15  grade or a comparable age level special education program with an  unas-
    16  signed grade on or after September first, two thousand seven, shall have
    17  administered  to such child a booster immunization containing diphtheria
    18  and tetanus toxoids, and an acellular pertussis vaccine, which meets the
    19  standards approved by the United States public health service  for  such
    20  biological  products, and which is approved by the department under such
    21  conditions as may be specified by the public health council.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05281-01-5

        A. 2045                             2

     1    c. Every person in parental relation to a child in this state entering
     2  or having entered seventh grade and twelfth grade or  a  comparable  age
     3  level  special  education  program  with an unassigned grade on or after
     4  September first, two thousand sixteen, shall have administered  to  such
     5  child an adequate dose or doses of immunizing agents against meningococ-
     6  cal  disease  as  recommended  by the advisory committee on immunization
     7  practices of the centers for disease control and prevention, which meets
     8  the standards approved by the United States public  health  service  for
     9  such  biological products, and which is approved by the department under
    10  such conditions as may be specified by the public  health  and  planning
    11  council.]
    12    3.  The  person  in  parental  relation  to any such child who has not
    13  previously [received] chosen for such child to receive such immunization
    14  shall present the child to a health practitioner and request such health
    15  practitioner to administer the [necessary] immunization against  poliom-
    16  yelitis,  mumps,  measles,  diphtheria,  Haemophilus  influenzae  type b
    17  (Hib), rubella, varicella,  pertussis,  tetanus,  pneumococcal  disease,
    18  meningococcal disease, and hepatitis B as provided in subdivision two of
    19  this section.
    20    5.  The  health  practitioner  who  administers  such immunizing agent
    21  against poliomyelitis, mumps, measles, diphtheria, Haemophilus  influen-
    22  zae  type  b (Hib), rubella, varicella, pertussis, tetanus, pneumococcal
    23  disease, meningococcal disease, and hepatitis B to any such child  shall
    24  give  a  certificate  of  such  immunization  to  the person in parental
    25  relation to such child. If any person in parental relation to such child
    26  chooses to have administered such immunization, such person shall submit
    27  a certificate of such immunization to the school  to  verify  that  such
    28  child has received the recommended immunization if an outbreak described
    29  in subdivision seven of this section occurs.
    30    6.  [In  the event that a person in parental relation to a child makes
    31  application for admission of such child to  a  school  or  has  a  child
    32  attending  school  and  there  exists no certificate or other acceptable
    33  evidence of  the  child's  immunization  against  poliomyelitis,  mumps,
    34  measles,  diphtheria,  rubella, varicella, hepatitis B, pertussis, teta-
    35  nus, and, where applicable, Haemophilus influenzae type b (Hib),  menin-
    36  gococcal  disease,  and  pneumococcal  disease,  the principal, teacher,
    37  owner or person in charge of the school shall inform such person of  the
    38  necessity  to  have  the  child immunized, that such immunization may be
    39  administered by any health practitioner, or that the child may be immun-
    40  ized without charge by the health officer in the county where the  child
    41  resides,  if  such  person  executes a consent therefor] No school shall
    42  require a child to receive immunization  against  poliomyelitis,  mumps,
    43  measles, diphtheria, Haemophilus influenzae type b (Hib), rubella, vari-
    44  cella,  pertussis, tetanus, pneumococcal disease, meningococcal disease,
    45  or hepatitis B prior to being admitted or penalize a child because  such
    46  child  has not received the recommended immunizations. In the event that
    47  such person does not wish to [select a health practitioner to administer
    48  the]  have such child administered with an  immunization,  [he  or  she]
    49  they  shall  be  provided with a form [which shall give notice that as a
    50  prerequisite to processing the application  for  admission  to,  or  for
    51  continued  attendance  at,  the  school  such person shall state a valid
    52  reason for withholding consent or consent shall be given  for  immuniza-
    53  tion  to be administered by a health officer in the public employ, or by
    54  a school physician or nurse] to fill out stating  such  person's  choice
    55  not  to  have  such  child administered with the immunization. [The form
    56  shall provide for the execution of a consent by such person and it shall

        A. 2045                             3

     1  also state that such person need not execute such consent if subdivision
     2  eight of this section applies to such child.]
     3    §  2.  Subdivision  7  of  section  2164  of the public health law, as
     4  amended by chapter 401 of the laws  of  2015,  is  amended  to  read  as
     5  follows:
     6    7.  [(a)  No principal, teacher, owner or person in charge of a school
     7  shall permit any child to be admitted to such school, or to attend  such
     8  school, in excess of fourteen days, without the certificate provided for
     9  in subdivision five of this section or some other acceptable evidence of
    10  the child's immunization against poliomyelitis, mumps, measles, diphthe-
    11  ria,  rubella,  varicella,  hepatitis  B, pertussis, tetanus, and, where
    12  applicable, Haemophilus influenzae type b (Hib), meningococcal  disease,
    13  and  pneumococcal  disease;  provided, however, such fourteen day period
    14  may be extended to not more than thirty days for an  individual  student
    15  by  the  appropriate principal, teacher, owner or other person in charge
    16  where such student is transferring from  out-of-state  or  from  another
    17  country  and  can  show a good faith effort to get the necessary certif-
    18  ication or other evidence of immunization.
    19    (b) A parent, a guardian or any other person in parental  relationship
    20  to  a  child denied school entrance or attendance may appeal by petition
    21  to the commissioner of education in accordance with  the  provisions  of
    22  section  three  hundred  ten  of  the  education  law] A child who lacks
    23  certification of immunization may be excluded from school only  if  such
    24  child  lacks  an  immunization  for  which  there is an active case of a
    25  disease in that child's school that  the  immunization  is  intended  to
    26  prevent  and  the  department  or local health authority has declared an
    27  outbreak of that disease for an area that includes such child's  school.
    28  The  department  or  local  department of health shall notify the proper
    29  school administrator responsible for excluding such  child  from  school
    30  attendance under this subdivision.
    31    §  3. Subdivisions 8 and 8-a of section 2164 of the public health law,
    32  as amended by chapter 401 of the laws of 2015, are  amended  and  a  new
    33  subdivision 9 is added to read as follows:
    34    8. If any physician licensed to practice medicine in this state certi-
    35  fies  that any such immunization may be detrimental to a child's health,
    36  [the requirements of this  section  shall  be  inapplicable  until  such
    37  immunization is found no longer to be detrimental to the child's health]
    38  such  physician  shall give a certificate stating which immunization may
    39  be detrimental to a child's health to the person in parental relation to
    40  such child. The person in parental relation to such child  shall  submit
    41  such  certificate  to  such  child's  school to be placed in the child's
    42  school record to verify such child has not received such immunization if
    43  an outbreak described in subdivision seven of this section occurs.
    44    8-a. Whenever a child has [been refused  admission  to,  or  continued
    45  attendance  at,  a  school  as provided for in subdivision seven of this
    46  section because there exists] no certificate  of  immunization  provided
    47  for  in subdivision five of this section or other acceptable evidence of
    48  the child's immunization against poliomyelitis, mumps, measles, diphthe-
    49  ria, rubella, varicella, hepatitis B,  pertussis,  tetanus,  and,  where
    50  applicable,  Haemophilus influenzae type b (Hib), meningococcal disease,
    51  and pneumococcal disease, the principal, teacher,  owner  or  person  in
    52  charge of the school shall:
    53    a.  forward  a  report of [such exclusion and] the name and address of
    54  such child who  has  completed  the  recommended  immunizations  or  has
    55  submitted  a certificate stating immunization may be detrimental to such
    56  child's health to the local health  authority  and  to  the  [person  in

        A. 2045                             4

     1  parental  relation  to  the  child  together  with a notification of the
     2  responsibility of such person under subdivision two of this section  and
     3  a  form  of  consent  as  prescribed  by regulation of the commissioner]
     4  department, and
     5    b.  [provide,  with  the  cooperation  of the appropriate local health
     6  authority, for a time and place at which an immunizing agent  or  agents
     7  shall  be  administered, as required by subdivision two of this section,
     8  to a child for whom a consent has been obtained. Upon failure of a local
     9  health authority to cooperate in arranging for a time and place at which
    10  an immunizing agent or agents  shall  be  administered  as  required  by
    11  subdivision two of this section, the commissioner shall arrange for such
    12  administration and may recover the cost thereof from the amount of state
    13  aid  to  which  the  local health authority would otherwise be entitled]
    14  forward a report of the name and address  of  such  child  who  has  not
    15  completed the recommended immunizations and has filed the required form,
    16  pursuant to subdivision six of this section, to the local health author-
    17  ity and to the department.
    18    9.  A  school  and  its  employees are immune from civil liability for
    19  decisions concerning admitting and excluding a child that are based on a
    20  good faith implementation of the requirements of  subdivision  seven  of
    21  this section.
    22    § 4. Subdivision 6-a of section 310 of the education law is REPEALED.
    23    §  5. Subparagraph 1 of paragraph (b) of subdivision 5 of section 3208
    24  of the education law, as amended by chapter 352 of the laws of 2005,  is
    25  amended to read as follows:
    26    (1) A physical examination pursuant to the provisions of sections nine
    27  hundred  one, nine hundred three and nine hundred four of this chapter[,
    28  including proof  of  immunization  as  required  by  section  twenty-one
    29  hundred sixty-four of the public health law].
    30    §  6.  Subdivision 3 of section 3304 of the education law, as added by
    31  section 1 of part A of chapter 328 of the laws of 2014,  is  amended  to
    32  read as follows:
    33    3.  [Notwithstanding  any  provisions  of subdivision seven of section
    34  twenty-one hundred sixty-four of the public health law to the  contrary,
    35  compacting]  Compacting  states  shall give thirty days from the date of
    36  enrollment or within such time as is  reasonably  determined  under  the
    37  rules  promulgated  by  the  interstate  commission, for students trans-
    38  ferring from a school in a sending state  to  obtain  any  immunizations
    39  [required]  recommended by the receiving state. [For a series of immuni-
    40  zations, initial vaccinations must be obtained  within  thirty  days  or
    41  within such time as is reasonably determined under the rules promulgated
    42  by the interstate commission.]
    43    §  7.  Paragraph  (l)  of  subdivision  1 of section 206 of the public
    44  health law, as added by chapter 207 of the laws of 2004, is  amended  to
    45  read as follows:
    46    (l)  establish  and operate such adult and child immunization programs
    47  as are necessary to prevent or minimize the spread  of  disease  and  to
    48  protect  the  public  health. Such programs may include the purchase and
    49  distribution of vaccines to providers and municipalities, the  operation
    50  of  public  immunization  programs,  quality  assurance for immunization
    51  related  activities  and  other  immunization  related  activities.  The
    52  commissioner  may  promulgate  such regulations as are necessary for the
    53  implementation of  this  paragraph.  Nothing  in  this  paragraph  shall
    54  authorize  mandatory  immunization  of  adults  or  children[, except as
    55  provided  in  sections  twenty-one  hundred  sixty-four  and  twenty-one
    56  hundred sixty-five of this chapter].

        A. 2045                             5
 
     1    §  8.  Paragraph (c) of subdivision 1 and subdivision 2 of section 613
     2  of the public health law, paragraph (c) of subdivision 1 as  amended  by
     3  section 24 of part E of chapter 56 of the laws of 2013, subdivision 2 as
     4  amended  by  chapter  538  of  the  laws of 1989, are amended to read as
     5  follows:
     6    (c)  The commissioner shall invite and encourage the active assistance
     7  and cooperation in such education activities of: the medical  societies,
     8  organizations  of  other  licensed  health  personnel, hospitals, corpo-
     9  rations subject to article  forty-three  of  the  insurance  law,  trade
    10  unions, trade associations, parents and teachers and their associations,
    11  organizations of child care resource and referral agencies, the media of
    12  mass communication, and such other voluntary groups and organizations of
    13  citizens  as  [he  or  she] the commissioner shall deem appropriate. The
    14  public health and health planning council, the department of  education,
    15  the  department  of  family  assistance,  and  the  department of mental
    16  hygiene shall provide the commissioner with such assistance in  carrying
    17  out the program as [he or she] the commissioner shall request. All other
    18  state agencies shall also render such assistance as the commissioner may
    19  reasonably  require for this program.  Nothing in this subdivision shall
    20  authorize mandatory immunization  of  adults  or  children[,  except  as
    21  provided  in  sections  twenty-one  hundred  sixty-four  and  twenty-one
    22  hundred sixty-five of this chapter].
    23    2. The commissioner shall set such standards as [he] they  shall  deem
    24  necessary  for  the  proper,  safe,  and efficient administration of the
    25  program. [He] The commissioner shall direct an annual survey  to  deter-
    26  mine  the  immunization  level  of  children  entering school, and shall
    27  conduct annually an audit of such survey and an audit of  the  immuniza-
    28  tion  level  of  children  attending  school. State aid provided by this
    29  article shall be reduced by ten percent, provided however that state aid
    30  for essential public health activities shall not be  reduced,  unless  a
    31  municipality  has submitted, in cooperation with local school districts,
    32  a plan within ninety days after the commissioner shall have certified to
    33  such municipality the results of [his] such survey of  the  immunization
    34  level  of children entering schools in such local school districts. Such
    35  plan shall be submitted for the next ensuing school year  and  a  subse-
    36  quent  plan  shall  be  submitted annually thereafter [for assuring that
    37  immunizing agents are  administered  to  pre-school  children  within  a
    38  reasonable time prior to but, in any event, no later than their entrance
    39  into  school, and to students generally, as required pursuant to section
    40  twenty-one hundred sixty-four of this chapter]. Such plan shall  include
    41  the  manner  in  which immunization activities are coordinated among the
    42  local health authority and the school districts. Such reduction in state
    43  aid and the requirement that a municipality submit an immunization  plan
    44  shall not be applicable to any municipality where ninety percent or more
    45  of  its children entering school are immunized. The determination of the
    46  percentage of immunization shall be made by the commissioner based  upon
    47  [his] their audit of immunization surveys.
    48    §  9.  Paragraph  (f)  of  subdivision 5 of section 2168 of the public
    49  health law, as amended by chapter 35 of the laws of 2019, is amended  to
    50  read as follows:
    51    (f)  The immunization status of [children exempt from immunizations] a
    52  child who acquires a certificate stating immunization may be detrimental
    53  to such child's health pursuant to subdivision eight of section  twenty-
    54  one  hundred  sixty-four  of  this title shall be reported by the health
    55  care provider.

        A. 2045                             6

     1    § 10. This act shall take effect on the ninetieth day after  it  shall
     2  have  become  a  law; provided, however, that the amendments to subpara-
     3  graph 1 of paragraph (b) of subdivision 5 of section 3208 of the  educa-
     4  tion  law  made by section five of this act shall not affect the expira-
     5  tion of such section and shall be deemed to expire therewith.
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