Senate Bill S2339

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 - In Senate Committee Health Committee

  • 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-S2339 (ACTIVE) - Details

See Assembly Version of this Bill:
A880
Current Committee:
Senate Health
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-S2339 (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-S2339 (ACTIVE) - Sponsor Memo

2009-S2339 (ACTIVE) - Bill Text download pdf 

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

                                  2339

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            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

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

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