Bill Text: NY S09351 | 2023-2024 | General Assembly | Introduced


Bill Title: Directs that a school in which a student is attending or will attend shall accept a medical immunization exemption.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-13 - REFERRED TO EDUCATION [S09351 Detail]

Download: New_York-2023-S09351-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9351

                    IN SENATE

                                      May 13, 2024
                                       ___________

        Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Education

        AN ACT to amend the education law, in relation to  a  standardized  form
          for medical exemption from required immunizations

          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 3205-b
     2  to read as follows:
     3    § 3205-b. Medical immunization exemption. 1. The  school  in  which  a
     4  student  is attending or will attend shall accept a medical immunization
     5  exemption request form containing the information pursuant  to  subdivi-
     6  sion  two  of  this section.   The department or any other state agency,
     7  board or commission shall not require any other condition or requirement
     8  for the medical exemption to immunization or immunizations provided  for
     9  in this section for school admission.
    10    2.  The form accepted by the school shall contain the following infor-
    11  mation:
    12    (a) Name(s) of parent, parents or guardian;
    13    (b) Name of child;
    14    (c) Student's birthdate;
    15    (d) Student's residential address;
    16    (e) School name and district;
    17    (f) The medical reason, diagnosis  and/or  condition  of  which  deems
    18  immunization detrimental to the student's health;
    19    (g)  Supporting  medical  documentation demonstrating the immunization
    20  would be detrimental to the student's health; and
    21    (h) The signature of a licensed physician,  physician's  assistant  or
    22  nurse  practitioner,  their  medical  license number and practice affil-
    23  iation declaring: I hereby certify that immunization against (poliomyel-
    24  itis,  mumps,  measles,  diptheria,  rubella,   varicella,   Haemophilus
    25  influenzae  type  b  (Hib),  pertussis,  tetanus,  pneumococcal disease,
    26  influenza, meningococcal disease and hepatitis B) may be detrimental  to
    27  the child's health. The date and signature of the physician, nurse prac-
    28  titioner or physician's assistant shall appear here. This certification,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15557-02-4

        S. 9351                             2

     1  once  provided  to  the student's school, shall serve as an exemption to
     2  section 2164 of the public health law.
     3    §  2.  This  act shall take effect on the thirtieth day after it shall
     4  have become a law.
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