Bill Text: NY A08676 | 2019-2020 | General Assembly | Introduced

Bill Title: Provides a religious exemption from vaccination requirements for school attendance.

Spectrum: Partisan Bill (Republican 27-0)

Status: (Introduced - Dead) 2020-07-13 - held for consideration in health [A08676 Detail]

Download: New_York-2019-A08676-Introduced.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    October 23, 2019

        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 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.

        A. 8676                             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.