Bill Text: NY S04733 | 2015-2016 | General Assembly | Amended

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Bill Title: Provides that persons in parental relation to a child refusing to immunize such child for religious reasons, shall file with the school an affidavit signed by a physician, stating that such physician has explained to the parent, parents or guardian the risks to the child and to other individuals of failure to immunize the child.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2016-02-01 - PRINT NUMBER 4733A [S04733 Detail]

Download: New_York-2015-S04733-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         4733--A
                               2015-2016 Regular Sessions
                    IN SENATE
                                     April 13, 2015
                                       ___________
        Introduced  by  Sens. GIANARIS, ADDABBO, HOYLMAN, STAVISKY -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Health -- recommitted to the Committee on Health in accordance with
          Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
          reprinted as amended and recommitted to said committee
        AN  ACT  to  amend  the  public health law, in relation to the religious
          exemption from mandatory immunization of a child
          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, as
     2  amended by chapter 401 of the laws  of  2015,  is  amended  to  read  as
     3  follows:
     4    9.  This  section  shall not apply to [children] a child whose parent,
     5  parents, or guardian hold genuine and sincere  religious  beliefs  which
     6  are  contrary to the practices [herein] required by this section, and no
     7  certificate shall be required as a prerequisite to such [children] child
     8  being admitted or received into school or attending school.    Provided,
     9  however, that the exemption granted by this subdivision shall only apply
    10  to  a  child  whose  parent,  parents  or  guardian has submitted to the
    11  school, which the child is to be  admitted  or  attends,  an  affidavit,
    12  signed  by  a physician licensed pursuant to article one hundred thirty-
    13  one of the education law and  authorized  to  administer  immunizations,
    14  stating that such physician has informed and discussed with such parent,
    15  parents or guardian the medical risks to the child and to other individ-
    16  uals  of  failing to be immunized in accordance with this section, based
    17  upon information relating thereto issued  by  the  federal  Centers  for
    18  Disease Control.
    19    §  2.  This  act shall take effect on the thirtieth day after it shall
    20  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09272-03-6