Bill S2339-2009

Extends the protections of the medical exemption from mandatory immunizations for students

Extends the protections of the medical exemption from mandatory immunizations for students to ensure deference to the professional assessments of physicians and nurse practitioners in the care of their individual patients.

Details

Actions

  • Jan 6, 2010: REFERRED TO HEALTH
  • Feb 18, 2009: REFERRED TO HEALTH

Memo

 BILL NUMBER:  S2339

TITLE OF BILL :

An act to amend the public health law, in relation to the medical exemption from mandatory immunizations for students

PURPOSE :

To ensure that the professional judgment of a student's physician, physician's assistant or nurse practitioner will prevail concerning immunization of the student.

SUMMARY OF PROVISIONS :

Section one of the bill makes clear that the intent of this bill is to recognize and defer to the professional judgment by appropriate medical personnel for medical exemptions to school immunization requirements.

Section two amends subdivision 8 of section 2164 of the Public Health Law applying to medical exemptions for minors, to clarify that the determination of the child's health care practitioner concerning immunization of the child shall prevail. Section three makes the same change to subdivision 8 of section 2165 of the Public Health Law applying to medical exemptions for adult students.

JUSTIFICATION :

This bill reflects the legislative policy - reflected in much recent legislation - that medical decisions by patient and health care practitioner are entitled to respect and deference. A patient's physician, physician's assistant or nurse practitioner is in the best position to decide if a vaccination or vaccinations should not be administered to the patient. Government agencies should defer to these professional judgments.

Though the plain language of the current law does not seem to grant any power to review and override a practitioner's certification for a medical exemption to immunization, school and health authorities have commonly second-guessed professionals in this area.

LEGISLATIVE HISTORY :

S.1575-A/A.3180-A of 2007-08; S.4692/A.8382 of 2005-06.

FISCAL IMPLICATIONS :

Savings to school and health agencies which will no longer require staff to review the determinations of student's health care providers.

EFFECTIVE DATE : Immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ 2339 2009-2010 Regular Sessions IN SENATE February 18, 2009 ___________
Introduced by Sen. PADAVAN -- 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 the medical exemption from mandatory immunizations for students THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This legislation is not intended to detract from the public health purpose of school immunization legislation. This legislation is intended to ensure deference to the professional assessments of physi- cians, nurse practitioners and physician assistants in the care of their individual patients. S 2. Subdivision 8 of section 2164 of the public health law, as added by chapter 994 of the laws of 1966 and as renumbered by chapter 633 of the laws of 1975, is amended to read as follows: 8. [If] UPON SUBMISSION OF A WRITTEN OPINION BY any physician, NURSE PRACTITIONER OR PHYSICIAN ASSISTANT licensed to practice [medicine] in this state [certifies] STATING that THE PHYSICIAN, NURSE PRACTITIONER OR PHYSICIAN ASSISTANT BELIEVES such immunization OR IMMUNIZATIONS may be detrimental to a child's health, OR IS OTHERWISE CONTRAINDICATED FOR HEALTH REASONS, THE PHYSICIAN'S, NURSE PRACTITIONER'S OR PHYSICIAN ASSISTANT'S DETERMINATION SHALL PREVAIL AND the requirements of this section shall be inapplicable until THE CHILD'S PHYSICIAN, NURSE PRACTI- TIONER OR PHYSICIAN ASSISTANT FINDS such immunization OR IMMUNIZATIONS is [found] OR ARE no longer [to be] detrimental to the child's health OR IS OR ARE NO LONGER CONTRAINDICATED FOR HEALTH REASONS. S 3. Subdivision 8 of section 2165 of the public health law, as added by chapter 405 of the laws of 1989, is amended to read as follows: 8. [If] UPON SUBMISSION OF A WRITTEN OPINION BY any licensed physician [or], nurse practitioner [certifies] OR PHYSICIAN ASSISTANT STATING that THE PHYSICIAN, NURSE PRACTITIONER OR PHYSICIAN ASSISTANT BELIEVES such immunization OR IMMUNIZATIONS may be detrimental to the person's health
or is otherwise [medically] contraindicated FOR HEALTH REASONS, THE PHYSICIAN'S, NURSE PRACTITIONER'S OR PHYSICIAN ASSISTANT'S DETERMINATION SHALL PREVAIL AND the requirements of this section shall be inapplicable until THE PERSON'S PHYSICIAN, NURSE PRACTITIONER OR PHYSICIAN ASSISTANT FINDS such immunization OR IMMUNIZATIONS is [found] OR ARE no longer [to be] detrimental to such person's health or is OR ARE no longer [medically] contraindicated FOR HEALTH REASONS. S 4. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus