Bill Text: NY S01636 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits a mandatory immunization against the coronavirus.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HEALTH [S01636 Detail]

Download: New_York-2023-S01636-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1636

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 13, 2023
                                       ___________

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

        AN  ACT  to  amend  the  public health law, in relation to prohibiting a
          mandatory immunization against the coronavirus

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 2182 of the public health law is renumbered section
     2  2184 and a new section 2182 is added to read as follows:
     3    §  2182. Coronavirus; vaccination. 1. No vaccine used for the purposes
     4  of inducing immunity against coronavirus in humans in this  state  shall
     5  be  made  a  mandatory  immunization.    No  person shall be required to
     6  receive such vaccine unless such individual chooses to be vaccinated.
     7    2. No child under the age of eighteen shall  be  required  to  receive
     8  such  vaccine against coronavirus unless a person in a parental relation
     9  to such child chooses to have the child vaccinated. For the  purpose  of
    10  this subdivision the term "person in parental relation to a child" shall
    11  mean and include any person who is a parent or legally appointed guardi-
    12  an of a child under the age of eighteen.
    13    3.  No  incapacitated person shall be required to receive such vaccine
    14  against coronavirus unless a person who is the legal  guardian  of  such
    15  incapacitated  person chooses to have the incapacitated person vaccinat-
    16  ed.  For the purposes of this subdivision: (a) the  term  "incapacitated
    17  person" shall mean any person over the age of eighteen who are unable to
    18  make  or  communicate decisions affecting their physical health, safety,
    19  or self-care; and  (b) the term "legal guardian" shall mean and  include
    20  any person who is over the age of eighteen and designated by an incapac-
    21  itated  person  prior  to  incapacitation  as  their legal guardian or a
    22  person legally appointed by a court as guardian  of  such  incapacitated
    23  person.
    24    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03481-01-3