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

                                   943

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by M. of A. ABINANTI, COLTON, KOLB, CLARK -- Multi-Sponsored
  by -- M. of A.  ARROYO, McDONOUGH, THIELE -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04347-01-5
              

A. 943                              2

OBJECTION  TO  IMMUNIZATIONS,  MEDICAL TESTING AND TREATMENTS or consent
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.