S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2371--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by  M.  of  A.  DINOWITZ, MOSLEY, BURKE, MAGNARELLI, TAYLOR,
   FAHY, ARROYO, COOK, GLICK, JAFFEE, WALLACE, STECK,  ZEBROWSKI,  JACOB-
   SON, QUART, REYES, PAULIN, L. ROSENTHAL, SIMOTAS -- Multi-Sponsored by
   --  M. of A.  RICHARDSON -- read once and referred to the Committee on
   Health -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend the public health law, in relation to exemptions from
   vaccination due to religious  beliefs;  to  repeal  subdivision  9  of
   section  2164  of  the  public  health law, relating to exemption from
   vaccination due to religious beliefs; and providing for the repeal  of
   certain provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 9 of section 2164 of the public health  law  is
 REPEALED.
   § 2. Subdivisions 6 and 7 of section 2164 of the public health law, as
 amended  by  chapter  401  of  the  laws of 2015, are 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), menin-
 gococcal disease, 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 immun-
 ized  without charge by the health officer in the county where the child
 resides, if such person executes a consent therefor. In the  event  that
 such  person does not wish to select a health practitioner to administer

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

                                                            LBD00724-05-9

 A. 2371--A                          2
 
 the immunization, he or she shall be provided with a  form  which  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 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] APPLIES to such child.
   7.  (a)  No  principal, teacher, owner or person in charge of a school
 shall permit any child to be admitted to such school, or to attend  such
 school, in excess of fourteen days, without the certificate provided for
 in subdivision five of this section or some other acceptable evidence of
 the child's immunization against poliomyelitis, mumps, measles, diphthe-
 ria,  rubella,  varicella,  hepatitis  B, pertussis, tetanus, and, where
 applicable, Haemophilus influenzae type b (Hib), meningococcal  disease,
 and  pneumococcal  disease;  provided, however, such fourteen day period
 may be extended to not more than thirty days for an  individual  student
 by  the  appropriate principal, teacher, owner or other person in charge
 where such student is transferring from  out-of-state  or  from  another
 country  and  can  show a good faith effort to get the necessary certif-
 ication or other evidence of immunization OR WHERE THE PARENT, GUARDIAN,
 OR ANY OTHER PERSON IN PARENTAL RELATIONSHIP TO SUCH  CHILD  CAN  DEMON-
 STRATE THAT A CHILD HAS RECEIVED AT LEAST THE FIRST DOSE IN EACH IMMUNI-
 ZATION  SERIES REQUIRED BY THIS SECTION AND HAS AGE APPROPRIATE APPOINT-
 MENTS SCHEDULED TO COMPLETE THE IMMUNIZATION  SERIES  ACCORDING  TO  THE
 ADVISORY  COMMITTEE  ON  IMMUNIZATION PRACTICES RECOMMENDED IMMUNIZATION
 SCHEDULES FOR PERSONS AGED 0 THROUGH 18 YEARS.
   (b) A parent, a guardian or any other person in parental  relationship
 to  a  child denied school entrance or attendance may appeal by petition
 to the commissioner of education in accordance with  the  provisions  of
 section three hundred ten of the education law.
   §  3.  Paragraph  (f)  of  subdivision 5 of section 2168 of the public
 health law, as amended by chapter 154 of the laws of 2013, is amended to
 read as follows:
   (f) The immunization status  of  children  exempt  from  immunizations
 pursuant  to  subdivision eight of section twenty-one hundred sixty-four
 of this title [and a parent claiming exemption pursuant  to  subdivision
 nine  of  section  twenty-one hundred sixty-four of this title] shall be
 reported by the health care provider.
   § 4. This act shall take effect immediately; provided that the  amend-
 ments  to subdivision 7 of section 2164 of the public health law made by
 section two of this act shall expire and be  deemed  repealed  June  30,
 2020.