Assembly Bill A880

2009-2010 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - On Floor Calendar

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A880 (ACTIVE) - Details

See Senate Version of this Bill:
S2339
Law Section:
Public Health Law
Laws Affected:
Amd ยงยง2164 & 2165, Pub Health L
Versions Introduced in Other Legislative Sessions:
2011-2012: A593
2013-2014: A2690

2009-A880 (ACTIVE) - Summary

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.

2009-A880 (ACTIVE) - Bill Text download pdf 

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

                                   880

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A. GOTTFRIED, CAHILL, CYMBROWITZ, TITUS, FIELDS,
  PAULIN -- Multi-Sponsored by -- M. of A. ALFANO,  COOK,  GALEF,  JOHN,
  KELLNER, LAVINE, McENENY, PERRY, PHEFFER, ROBINSON, WEISENBERG -- read
  once and referred 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00366-01-9

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