Bill Text: NY S07168 | 2023-2024 | General Assembly | Introduced

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Bill Title: Directs the use of a standardized immunization exemption form; requires the commissioner of health to develop a standardized medical immunization exemption request form for school use.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced) 2024-01-03 - REFERRED TO HEALTH [S07168 Detail]

Download: New_York-2023-S07168-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7168

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 18, 2023
                                       ___________

        Introduced  by Sen. MARTINEZ -- 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  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. Subdivision 8 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    8. The commissioner shall develop a standardized medical  immunization
     5  exemption  request  form for school use. If any physician, nurse practi-
     6  tioner or physician's assistant licensed to practice  medicine  in  this
     7  state  [certifies]  completes  the  required exemption form stating that
     8  such immunization may be detrimental to a child's health,  the  require-
     9  ments  of  this section shall be inapplicable until such immunization is
    10  found no longer to be detrimental to the child's health by  the  child's
    11  physician,  nurse practitioner or physician's assistant.  The department
    12  or any other state agency, board or commission may not require any other
    13  condition or requirement for the medical exemption  to  immunization  or
    14  immunizations provided for in this section for school admission.
    15    §  2.  Subdivision  8-a  of  section  2164 of the public health law is
    16  renumbered subdivision 8-b and a new subdivision 8-a is added to read as
    17  follows:
    18    8-a. Any physician, nurse practitioner or  physician's  assistant  who
    19  believes that such immunization may be detrimental to the child's health
    20  must  complete and file with the child's school the medical immunization
    21  exemption request form that may  include  but  not  be  limited  to  the
    22  following information:
    23  Medical Immunization Exemption Request Form
    24    (a) Name(s) of parent, parents or guardian:
    25    (b) Name of child:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02462-02-3
        S. 7168                             2

     1    (c) Child's birthdate:
     2    (d) Child's home address:
     3    (e)  Medical reason, diagnosis and/or condition of which deems immuni-
     4  zation detrimental to the  child's  health  with  corresponding  medical
     5  documentation:
     6    (f)  I hereby certify that immunization against (poliomyelitis, mumps,
     7  measles, diptheria, rubella, varicella, Haemophilus  influenzae  type  b
     8  (Hib),  pertussis, tetanus, pneumococcal disease, influenza, meningococ-
     9  cal disease and hepatitis B) may be detrimental to the  child's  health.
    10  The  date  and  signature of the physician, nurse practitioner or physi-
    11  cian's assistant shall appear here. This certification, once provided to
    12  the child's school, shall serve as an exemption to section 2164  of  the
    13  public health law.
    14    §  3.  This  act shall take effect on the thirtieth day after it shall
    15  have become a law.