S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         1331

                              2011-2012 Regular Sessions

                                   I N  S E N A T E

                                    January 6, 2011
                                      ___________

       Introduced  by  Sen.  DILAN  -- 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  enacting  the
         "philosophical exemption to immunizations act"

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. This act shall be known and may be cited as the "philosoph-
    2  ical exemption to immunizations act".
    3    S 2. Subdivision 6 of section  2164  of  the  public  health  law,  as
    4  amended  by  chapter  189  of  the  laws  of 2006, is amended to read as
    5  follows:
    6    6. In the event that a person in parental relation to  a  child  makes
    7  application  for  admission  of  such  child  to a school or has a child
    8  attending school and there exists no  certificate  or  other  acceptable
    9  evidence  of  the  child's  immunization  against  poliomyelitis, mumps,
   10  measles, diphtheria, rubella, varicella, hepatitis B,  pertussis,  teta-
   11  nus,  and,  where  applicable,  Haemophilus  influenzae type b (Hib) and
   12  pneumococcal disease, the principal, teacher, owner or person in  charge
   13  of  the  school  shall  inform  such person of the necessity to have the
   14  child immunized, that such  immunization  may  be  administered  by  any
   15  health  practitioner,  or that the child may be immunized without charge
   16  by the health officer in the county where the  child  resides,  if  such
   17  person  executes  a  consent  therefor  AND  PROVIDE A FORM CITING OTHER
   18  OPTIONS OF COMPLIANCE AS NOTED IN THIS SECTION.  In the event that  such
   19  person  does  not wish to select a health practitioner to administer the
   20  immunization, [he or she shall  be  provided  with  a  form  which]  THE
   21  PROVIDED FORM shall give notice that as a prerequisite to processing the
   22  application for admission to, or for continued attendance at, the school
   23  such person shall state a valid reason for withholding consent, OR CHECK
   24  A FIXED STATEMENT PRE-PRINTED ON THE FORM INDICATING HIS OR HER PERSONAL
   25  OBJECTION  TO  IMMUNIZATIONS,  MEDICAL TESTING AND TREATMENTS or consent

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03974-01-1

       S. 1331                             2

    1  shall be given for immunization to be administered by a  health  officer
    2  in  the public employ, or by a school physician or nurse. The form shall
    3  provide for the execution of a consent by such person and it shall  also
    4  state  that  such  person  need  not execute such consent if subdivision
    5  eight or nine of this section apply to such child.
    6    S 3. The opening paragraph of subdivision 8-a of section 2164  of  the
    7  public  health  law,  as  amended by chapter 189 of the laws of 2006, is
    8  amended to read as follows:
    9    Whenever a child has been refused admission to, or  continued  attend-
   10  ance  at,  a school as provided for in subdivision seven of this section
   11  because there exists no certificate provided for in subdivision five  of
   12  this  section  or  other acceptable evidence of the child's immunization
   13  against poliomyelitis, mumps, measles, diphtheria,  rubella,  varicella,
   14  hepatitis  B,  pertussis,  tetanus,  and,  where applicable, Haemophilus
   15  influenzae type b (Hib) and pneumococcal disease, OR OTHER  EVIDENCE  OF
   16  COMPLIANCE  AS  NOTED  IN THIS SECTION, the principal, teacher, owner or
   17  person in charge of the school shall:
   18    S 4. Subdivision 9 of section 2164 of the public health law, as  sepa-
   19  rately  amended  by chapters 405 and 538 of the laws of 1989, is amended
   20  to read as follows:
   21    9. This section shall not apply to children whose parent, parents,  or
   22  guardian  hold  PERSONAL  OBJECTIONS  OR  genuine  and sincere religious
   23  beliefs which are contrary to the  practices  herein  required,  and  no
   24  certificate  OF  IMMUNIZATION,  MEDICAL  TESTS  AND  TREATMENTS shall be
   25  required as a prerequisite to such children being admitted  or  received
   26  into school or attending school.
   27    S  5. Subdivision 6 of section 2165 of the public health law, as added
   28  by chapter 405 of the laws of 1989, is amended to read as follows:
   29    6. In the event that a student registers at an institution and has not
   30  complied with subdivision two of this  section,  the  institution  shall
   31  inform  such student of the necessity to be immunized, that such immuni-
   32  zation may be administered by  any  health  practitioner,  or  that  the
   33  student  may  be  immunized  without charge by the health officer in the
   34  county where the student resides or in which the institution is located,
   35  AND PROVIDE A FORM CITING THE OTHER OPTIONS OF COMPLIANCE  AS  NOTED  IN
   36  THIS  SECTION.  In the event that such student does not comply with this
   37  section, he or she shall be given notice that attendance at the institu-
   38  tion requires immunization unless a valid reason  is  provided  by  such
   39  student  pursuant to subdivision eight or nine of this section OR UNLESS
   40  SUCH STUDENT HAS CHECKED A FIXED STATEMENT PRE-PRINTED ON THE FORM INDI-
   41  CATING A PERSONAL OBJECTION TO IMMUNIZATIONS, MEDICAL TESTING AND TREAT-
   42  MENTS.
   43    S 6. Subdivision 9 of section 2165 of the public health law, as  added
   44  by chapter 405 of the laws of 1989, is amended to read as follows:
   45    9.  This  section  shall  not  apply  to  a  person who holds PERSONAL
   46  OBJECTIONS OR genuine and sincere religious beliefs which  are  contrary
   47  to  the  practices  herein required, and no certificate OF IMMUNIZATION,
   48  MEDICAL TESTS AND TREATMENTS shall be required as a prerequisite to such
   49  person being admitted or received into or attending an institution.
   50    S 7. This act shall take effect immediately.