S T A T E   O F   N E W   Y O R K
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                                  4886

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2009
                               ___________

Introduced by M. of A. ALESSI -- read once and referred 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:

  Section 1. This act shall be known and may be cited as the "philosoph-
ical exemption to immunizations act".
  S  2.  Subdivision  6  of  section  2164  of the public health law, as
amended by chapter 189 of the laws  of  2006,  is  amended  to  read  as
follows:
  6.  In  the  event that a person in parental relation to a child makes
application for admission of such child to  a  school  or  has  a  child
attending  school  and  there  exists no certificate or other acceptable
evidence of  the  child's  immunization  against  poliomyelitis,  mumps,
measles,  diphtheria,  rubella, varicella, hepatitis B, pertussis, teta-
nus, and, where applicable, Haemophilus  influenzae  type  b  (Hib)  and
pneumococcal  disease, the principal, teacher, owner or person in charge
of the school shall inform such person of  the  necessity  to  have  the
child  immunized,  that  such  immunization  may  be administered by any
health practitioner, or that the child may be immunized  without  charge
by  the  health  officer  in the county where the child resides, if such
person executes a consent therefor  AND  PROVIDE  A  FORM  CITING  OTHER
OPTIONS  OF COMPLIANCE AS NOTED IN THIS SECTION.  In the event that such
person does not wish to select a health practitioner to  administer  the
immunization,  [he  or  she  shall  be  provided  with a form which] THE
PROVIDED FORM shall give notice that as a prerequisite to processing the
application for admission to, or for continued attendance at, the school
such person shall state a valid reason for withholding consent, OR CHECK
A FIXED STATEMENT PRE-PRINTED ON THE FORM INDICATING HIS OR HER PERSONAL
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.
                                                           LBD08065-01-9
              

A. 4886                             2

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