NY State Senate Bill 2015-S378A

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 13, 2016	print number 378a
Jan 13, 2016	amend and recommit to health
Jan 06, 2016	referred to health
Jan 07, 2015	referred to health

Bill Amendments

Original

A (Active)

2015-S378 - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§2164 & 2165, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6443
2017-2018: S163
2019-2020: S477

2015-S378 - Summary

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

2015-S378 - Sponsor Memo

                                 BILL NUMBER:  S378

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

 PURPOSE OR GENERAL IDEA OF BILL :

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 SPECIFIC PROVISIONS :

Provides that where a parent seeks a medical exemption from mandatory
immunizations for a child, the professional assessment by the child's
physician or nurse practitioner shall prevail.

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, nurse practitioner or physician assistant 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.

 PRIOR LEGISLATIVE HISTORY :

2005-06: A.8382 - referred to Health Committee
2007-08: A.3180-A - referred to Rules Committee
2009-10: A.880 - advanced to third reading
2011-12: A.593 - starred on calendar

 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.

2015-S378 - Bill Text download pdf

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

                                   378

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  RIVERA -- 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. The provisions of this act are not intended to detract from
the public health purpose of school immunization legislation.  This  act
is  intended  to  ensure  deference  to  the professional assessments of
physicians, 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

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

                                                           LBD05843-01-5

S. 378                              2

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.

2015-S378A (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§2164 & 2165, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6443
2017-2018: S163
2019-2020: S477

2015-S378A (ACTIVE) - Summary

2015-S378A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S378A

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

 PURPOSE OR GENERAL IDEA OF BILL :

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 SPECIFIC PROVISIONS :

Provides that where a parent seeks a medical exemption from mandatory
immunizations for a child, the professional assessment by the child's
physician or nurse practitioner shall prevail.

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, nurse practitioner or physician assistant 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.

 PRIOR LEGISLATIVE HISTORY :

2005-06: A.8382 - referred to Health Committee
2007-08: A.3180-A -  referred to Rules Committee
2009-10: A.880 - advanced to third reading
2011-12: A.593 - starred on calendar

 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.

2015-S378A (ACTIVE) - Bill Text download pdf

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

                                 378--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health --  recommitted  to
  the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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. The provisions of this act are not intended to detract from
the  public  health purpose of school immunization legislation. This act
is intended to ensure  deference  to  the  professional  assessments  of
physicians,  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
amended  by  chapter  401  of  the  laws  of 2015, 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.

                                                           LBD05843-02-6

S. 378--A                           2

  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.

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Senate Bill S378A

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

2015-S378 - Details

2015-S378 - Summary

2015-S378 - Sponsor Memo

2015-S378 - Bill Text download pdf

2015-S378A (ACTIVE) - Details

2015-S378A (ACTIVE) - Summary

2015-S378A (ACTIVE) - Sponsor Memo

2015-S378A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S378A

Share this bill

Sponsored By

Gustavo Rivera

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

2015-S378 - Details

2015-S378 - Summary

2015-S378 - Sponsor Memo

2015-S378 - Bill Text download pdf

2015-S378A (ACTIVE) - Details

2015-S378A (ACTIVE) - Summary

2015-S378A (ACTIVE) - Sponsor Memo

2015-S378A (ACTIVE) - Bill Text download pdf

Comments