Bill Text: NY S07322 | 2021-2022 | General Assembly | Introduced


Bill Title: Prohibits mandatory immunization against the coronavirus; prohibits requiring immunization for attendance at school or day care, transportation, travel, entering public buildings, employment, nursing home residency or receiving government services; provides that no proof of vaccine shall be required or used; prohibits incentive for administering or receiving vaccination.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO HEALTH [S07322 Detail]

Download: New_York-2021-S07322-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7322

                               2021-2022 Regular Sessions

                    IN SENATE

                                     August 11, 2021
                                       ___________

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

        AN ACT to amend the public health law,  in  relation  to  prohibiting  a
          mandatory immunization against the novel coronavirus/COVID-19

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

     1    Section 1. The public health law is amended by adding  a  new  section
     2  2183 to read as follows:
     3    §  2183.  Novel coronavirus/COVID-19; immunization. 1. No immunization
     4  used for the purposes of inducing immunity against COVID-19 in humans in
     5  this state shall be made a mandatory immunization.  No person  shall  be
     6  required to receive such vaccine.
     7    2.  No  child  under  the age of eighteen shall be required to receive
     8  such vaccine against COVID-19 unless a person in a parental relation  to
     9  such  child  requests and consents to have the child vaccinated. For the
    10  purpose of this subdivision the term "person in parental relation  to  a
    11  child"  shall  have  the same meaning as set forth in section twenty-one
    12  hundred sixty-four of this article.  Prior to administering the  immuni-
    13  zation  every  health care provider or practitioner shall provide a list
    14  of ingredients contained in the vaccine as provided by the  manufacturer
    15  product  insert  and all potential side effects as indicated by industry
    16  studies.
    17    3. No incapacitated person shall be required to receive such immuniza-
    18  tion against COVID-19 unless a person who is the legal guardian of  such
    19  incapacitated  person chooses to have the incapacitated person vaccinat-
    20  ed.  For the purposes of this subdivision: (a) the  term  "incapacitated
    21  person"  shall mean any person over the age of eighteen who is unable to
    22  make or communicate decisions affecting their physical  health,  safety,
    23  or  self-care; and  (b) the term "legal guardian" shall mean and include
    24  any person who is over the age of eighteen and designated by an incapac-
    25  itated person prior to incapacitation  as  their  legal  guardian  or  a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03542-04-1

        S. 7322                             2

     1  person  legally  appointed  by a court as guardian of such incapacitated
     2  person.
     3    4. No immunization against COVID-19 shall be required for:
     4    (a)  attendance by students or employment of teachers and staff at any
     5  public or private educational institution or day care facility;
     6    (b) travel to or from any location, including other  states  or  coun-
     7  tries;
     8    (c) receipt of any government services;
     9    (d) entrance into public buildings;
    10    (e) employment or continued employment in any business or not-for-pro-
    11  fit organization; or
    12    (f) use of public transportation.
    13    5.  (a) No governmental entity shall provide any special privileges or
    14  financial rewards to any individual for receiving  immunization  against
    15  COVID-19.
    16    (b)  No  health  care  provider  or practitioner which administers the
    17  vaccine shall be  offered  any  incentive  or  compensation  to  achieve
    18  targeted vaccination rates.
    19    (c)  No  insurance  company or other entity that could profit from the
    20  sale of COVID-19 vaccines  shall  provide  any  funding,  incentives  or
    21  advertising to any party to increase sales of a COVID-19 vaccine.
    22    6.  No nursing home, state-sponsored group home for adults or children
    23  or any other group home shall require immunization against COVID-19 as a
    24  condition of residency.
    25    7. No person shall be required to have, carry or present  evidence  of
    26  having received immunization against COVID-19.
    27    § 2. This act shall take effect immediately.
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