S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7100
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 22, 2021
                                ___________
 
 Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
   tee on Health
 
 AN  ACT to amend the public health law, in relation to a vaccine bill of
   rights to protect  New  York  citizens  against  unconstitutional  and
   medically irresponsible COVID-19 vaccine mandates; to amend the educa-
   tion  law and the public health law, in relation to medical exemptions
   from vaccination requirements; to amend the labor law, in relation  to
   limiting the civil liability of employers and employees for the spread
   or  possible  transmission  of  COVID-19  caused by an act or omission
   while acting in good faith; to amend   the    public  health  law,  in
   relation  to  prohibiting  a  mandatory immunization against the novel
   coronavirus/COVID-19; and to amend the public health law, in  relation
   to  exempting  private and parochial schools and day care centers from
   immunization requirements
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative findings. The Founders designated that a Bill
 of Rights was necessary to guard individual  liberty  against  encroach-
 ments from state and federal actors, public and private. The 14th Amend-
 ment  to the U.S. Constitution explicitly directs states not to "deprive
 any person of life, liberty, or property, without due  process  of  law;
 nor  deny  to any person within its jurisdiction the equal protection of
 the laws". No COVID vaccine is  FDA-approved  but  some  are  authorized
 under  a temporary Emergency Use Authorization as experimental (investi-
 gational) agents. Emergency use products are specifically prohibited  by
 federal  law 21 U.S.C. §360bbb-3 from being mandated: "Authorization for
 medical products for use in emergencies ... require ...  the  option  to
 accept  or  refuse  administration  of  the  product".  The CDC Advisory
 Committee on Immunization Practices (ACIP) affirmed in August 2020  that
 under  an  Emergency  Use Authorization (EUA), experimental vaccines are
 not allowed to be mandatory. Decades-old universally accepted  Codes  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10446-01-1

 A. 7100                             2
 
 Medical  Ethics,    including  the Nuremberg Code and the Declaration of
 Helsinki absolutely prohibits any form of coercion whatsoever  to  indi-
 viduals  to  participate in a medical experiment. 40 percent of respond-
 ents  in at least one US poll reported that they would opt out of taking
 experimental COVID vaccines. It is neither feasible nor safe to  mandate
 experimental  vaccination  given  the large number of COVID-19 recovered
 patients in the general population and the FDA/Pfizer/ Moderna protocols
 which excluded COVID-19 recovered patients. It is neither  feasible  nor
 safe  to  administer  experimental  vaccines to many groups of patients,
 such as persons with post-natural infections,  waning  titers,  allergic
 reactions,  as  well  as childbearing women. Public and private measures
 are nonetheless being considered to mandate experimental vaccinations in
 order to participate in certain public activities and functions of daily
 American life, including  but  not  limited  to:  employment,  in-person
 school  attendance,  public  transportation,  and  concert performances.
 "Vaccine passports," "digital  health  IDs,"  and  other  such  required
 documentation  pose  substantial  risks  to  personal  privacy and equal
 treatment before the law for all citizens of New York  as  well  as  the
 United  States  generally.   Administration of the experimental COVID-19
 vaccines according to  guidelines  established  by  the  CDC's  Advisory
 Committee  on Immunization Practices do not provide adequate protections
 for average Americans concerned about potential health  hazards  associ-
 ated  with the inoculations. The public is entitled to receive unbiased,
 transparent,  easily  accessible  medical  information  related  to  all
 vaccines  from  their  public  health  officials. The doctors and nurses
 administering the inoculation are  required  by  law  to  give  informed
 consent  and  they  cannot  do that if they themselves are not informed.
 The emergency powers assumed by the chief executives of  certain  states
 as  well as municipal leaders violate certain unalienable rights guaran-
 teed under the U.S. Constitution and its and Bill of Rights  and  there-
 fore  deserve  redress. While these legitimate grievances are pursued by
 the courts of various states,  state  lawmakers  must  enshrine  certain
 rights  against encroachment by decrees that are not medically or scien-
 tifically indicated, such as vaccine mandates, in order  to  ensure  the
 continuity  of  these rights. A COVID-19 Vaccine Bill of Rights  against
 COVID-19 vaccine mandates provides an  example  of  adoption  for  other
 legislative  bodies across the United States to be recognized and upheld
 by the attorneys general  of  those  states.    Technical  guidance  for
 employers  released  by the U.S. Equal Employment Opportunity Commission
 (EEOC) in December  should  not  be  understood  to  undermine  employee
 constitutional  rights. State legislative bodies must practice oversight
 of such federal assistance  consistent  with  their  enumerated  powers.
 Out-of-state  commercial vendors, including Ticketmaster, cannot require
 venue operators and organizers to  mandate  proof  of  vaccination  from
 concertgoers  and  other paying customers before freely entering a venue
 on private or public property.  K-12  vaccinations  cannot  be  required
 without  certain  clear  and  consistent  exemptions applied, among them
 medical and conscience clauses,  or  risk  forfeiting  a  district's  or
 school  board's  authority  in the State of New York to authorize such a
 mandate, nor can a vaccine mandate for these populations be a factor  in
 state  school-aid  funding. Interstate carriers such as airlines and all
 forms of public transit calling for so-called "vaccine passports"  as  a
 condition of entry cannot be allowed to operate with state licensure and
 waivers.
   §  2. The public health law is amended by adding a new section 2169 to
 read as follows:

 A. 7100                             3
 
   § 2169. VACCINE BILL OF  RIGHTS.  1.  NO  PERSONS  WILL  BE  MANDATED,
 COERCED,  FORCED OR PRESSURED TO TAKE AN EXPERIMENTAL OR "INVESTIGATION-
 AL" MEDICATION.
   2.  ALL  PERSONS RESERVE THE RIGHT, AT ALL TIMES, TO DETERMINE WHAT IS
 IN THEIR OWN BEST MEDICAL INTEREST WITHOUT THREAT TO  THEIR  LIVELIHOOD,
 SCHOOLING, OR FREEDOM OF MOVEMENT.
   3.  NO  PHYSICIAN  OR NURSE SHALL BE ASKED BY AN EMPLOYER TO PROMOTE A
 COVID-19 VACCINE.
   4. ALL HEALTHCARE PROVIDERS MUST ATTEST THAT THEY  ARE  AWARE  OF  THE
 VAERS  DATABASE  AND THEIR PROFESSIONAL OBLIGATION TO CHECK IT REGULARLY
 AND SHARE INFORMATION ABOUT  VAERS  WITH  EACH  VACCINE  RECIPIENT.  ALL
 PERSONS WILL BE INFORMED OF THE SPECIFIC VACCINE THEY ARE RECEIVING.
   5. ALL PERSONS MUST BE GIVEN ACCESS TO INDEPENDENT INFORMATION TO HELP
 THEM DETERMINE WHAT IS IN THEIR OWN BEST MEDICAL INTEREST, INCLUDING THE
 RISK  OF  DEATH  BASED  UPON  AGE/CONDITION  FROM  CONTRACTING THE VIRUS
 NATURALLY. THIS MUST INCLUDE INFORMATION FROM SOURCES THAT ARE INDEPEND-
 ENT OF A CONFLICT OF INTEREST.  FOR  EXAMPLE,  PHARMACEUTICAL  COMPANIES
 HAVE AN INHERENT CONFLICT OF INTEREST, AS DO GOVERNMENT OR QUASI-GOVERN-
 MENT  INSTITUTIONS.  SUCH  INFORMATION CAN BE INCLUDED BUT CANNOT BE THE
 SOLE SOURCE OF INFORMATION.
   6. THE FRAIL ELDERLY ARE ADDITIONALLY  ENTITLED  TO  A  KNOWLEDGEABLE,
 INDEPENDENT  ADVOCATE WITH MEDICAL TRAINING TO HELP THEM DETERMINE THEIR
 OWN MEDICAL INTEREST.
   7. PRIVATE BUSINESSES OPERATING WITHIN THE STATE HAVE NO LEGAL AUTHOR-
 ITY TO REQUIRE OR MANDATE OR COERCE MEDICATION OR  EXPERIMENTAL  MEDICA-
 TION FOR ANY PERSONS.
   §  3.  The  education law is amended by adding a new section 6509-f to
 read as follows:
   §  6509-F.  FAILURE  TO  IMMUNIZE  NOT  PROFESSIONAL  MISCONDUCT.   1.
 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IT SHALL NOT
 BE  CONSIDERED  PROFESSIONAL  MISCONDUCT PURSUANT TO THIS SUBARTICLE FOR
 ANY PERSON WHO IS LICENSED UNDER TITLE EIGHT OF THIS CHAPTER TO:
   A. FAIL TO IMMUNIZE ANY PATIENT  UNDER  THEIR  CARE  IF  SUCH  PATIENT
 REFUSES  OR  A PERSON IN PARENTAL RELATION TO A CHILD REFUSES CONSENT TO
 IMMUNIZATION OF SUCH CHILD;
   B. PROVIDE A CERTIFICATION THAT ANY IMMUNIZATION MAY BE DETRIMENTAL TO
 A PATIENT'S HEALTH IF, IN HIS OR HER PROFESSIONAL JUDGMENT, SUCH IMMUNI-
 ZATION POSES A RISK TO SUCH PATIENT; OR
   C. PROVIDE ANY TREATMENT OR CARE TO A PATIENT WHO HAS NOT RECEIVED ANY
 IMMUNIZATIONS REQUIRED BY LAW.
   2. NO PERSON WHO IS LICENSED UNDER TITLE EIGHT OF THIS  CHAPTER  SHALL
 BE  SUBJECT TO ANY PROCEEDINGS, INCLUDING INVESTIGATIONS, FOR MISCONDUCT
 FOR ANY ACTIONS SET FORTH IN SUBDIVISION ONE OF THIS SECTION.
   § 4. 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 any physician licensed to practice medicine in this state certi-
 fies that such immunization may be detrimental to a child's health,  the
 requirements  of this section shall be inapplicable until such immuniza-
 tion is found no longer to be detrimental to  the  child's  health.    A
 CERTIFICATION BY A PHYSICIAN UNDER THIS SUBDIVISION SHALL NOT BE SUBJECT
 TO REVIEW BY ANY DEPARTMENT, PUBLIC OFFICER OR BOARD.
   §  5.  Paragraph  (c) of subdivision 1 of section 2805-h of the public
 health law, as amended by chapter 266 of the laws of 2006, is amended to
 read as follows:

 A. 7100                             4
 
   (c) If any physician licensed  to  practice  medicine  in  this  state
 certifies that such immunization may be detrimental to a child's health,
 the requirements of this section shall be inapplicable until such immun-
 ization  is  found no longer to be detrimental to the child's health.  A
 CERTIFICATION  BY  A PHYSICIAN UNDER THIS PARAGRAPH SHALL NOT BE SUBJECT
 TO REVIEW BY ANY DEPARTMENT, PUBLIC OFFICER OR BOARD.
   § 6. The labor law is amended by adding a new section 200-b to read as
 follows:
   § 200-B. LIMITATION ON LIABILITY FOR EMPLOYERS  AND  EMPLOYEES  DURING
 COVID-19  PANDEMIC. 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "COVERED ENTITY" SHALL MEAN  ONE  OR  MORE  INDIVIDUALS,  BUSINESS
 TRUSTS,  LEGAL  REPRESENTATIVES,  CORPORATIONS, COMPANIES, ASSOCIATIONS,
 FIRMS, PARTNERSHIPS, SOCIETIES,  JOINT  STOCK  COMPANIES,  UNIVERSITIES,
 SCHOOLS,  NOT-FOR-PROFIT  ORGANIZATIONS,  RELIGIOUS ORGANIZATIONS OR ANY
 ORGANIZED GROUP OF SUCH ENTITIES.
   (B) "GOOD FAITH" SHALL  MEAN  MAKING  REASONABLE  EFFORTS  TO  ACT  IN
 COMPLIANCE  WITH  (I)  APPLICABLE GUIDANCE FROM A FEDERAL, STATE, LOCAL,
 TERRITORIAL OR TRIBAL  PUBLIC  HEALTH  AUTHORITY;  OR  (II)  APPROPRIATE
 PROFESSIONAL OR INDUSTRY STANDARDS, RECOMMENDATIONS OR GUIDANCE.
   (C)  "SERIOUS  BODILY INJURY" SHALL MEAN (I) DEATH OR INJURY REQUIRING
 IN-PATIENT HOSPITALIZATION OF AT LEAST FORTY-EIGHT HOURS; (II) PERMANENT
 IMPAIRMENT OF A BODILY FUNCTION; OR (III) PERMANENT  DAMAGE  TO  A  BODY
 STRUCTURE.
   2.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW AND EXCEPT AS PROVIDED
 IN SUBDIVISION THREE OF THIS SECTION, NO COVERED ENTITY, AS  DEFINED  BY
 PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, SHALL BE LIABLE IN ANY
 CIVIL  ACTION FOR THE SPREAD OR POSSIBLE TRANSMISSION OF COVID-19 CAUSED
 BY AN ACT OR OMISSION OF SUCH COVERED ENTITY ACTING IN GOOD FAITH IN THE
 WORKPLACE.
   3. SUBDIVISION TWO OF THIS SECTION SHALL NOT APPLY IF HARM TO  ANOTHER
 INDIVIDUAL  IS  SHOWN, BY CLEAR AND CONVINCING EVIDENCE, TO BE CAUSED BY
 AN ACT OR OMISSION CONSTITUTING WILLFUL OR CRIMINAL MISCONDUCT, RECKLESS
 MISCONDUCT, GROSS NEGLIGENCE, OR A CONSCIOUS  FLAGRANT  INDIFFERENCE  TO
 THE  RIGHTS  OR  SAFETY OF THE INDIVIDUAL HARMED BY SUCH COVERED ENTITY.
 FOR PURPOSES OF THIS SECTION, INFECTION WITH COVID-19 SHALL NOT  BE  THE
 BASIS  FOR DAMAGES ARISING FROM BODILY INJURY, EXCEPT TO THE EXTENT THAT
 SUCH INJURY IS SERIOUS BODILY INJURY.
   § 7. The public health law is amended by adding a new section 2183  to
 read as follows:
   §  2183.  NOVEL CORONAVIRUS/COVID-19; IMMUNIZATION. 1. NO IMMUNIZATION
 USED FOR THE PURPOSES OF INDUCING IMMUNITY AGAINST COVID-19 IN HUMANS IN
 THIS STATE SHALL BE MADE A MANDATORY IMMUNIZATION.  NO PERSON  SHALL  BE
 REQUIRED TO RECEIVE SUCH VACCINE.
   2.  NO  CHILD  UNDER  THE AGE OF EIGHTEEN SHALL BE REQUIRED TO RECEIVE
 SUCH VACCINE AGAINST COVID-19 UNLESS A PERSON IN A PARENTAL RELATION  TO
 SUCH  CHILD  REQUESTS AND CONSENTS TO HAVE THE CHILD VACCINATED. FOR THE
 PURPOSE OF THIS SUBDIVISION THE TERM "PERSON IN PARENTAL RELATION  TO  A
 CHILD"  SHALL  HAVE  THE SAME MEANING AS SET FORTH IN SECTION TWENTY-ONE
 HUNDRED SIXTY-FOUR OF THIS ARTICLE.  PRIOR TO ADMINISTERING THE  IMMUNI-
 ZATION  EVERY  HEALTH CARE PROVIDER OR PRACTITIONER SHALL PROVIDE A LIST
 OF INGREDIENTS CONTAINED IN THE VACCINE AS PROVIDED BY THE  MANUFACTURER
 PRODUCT  INSERT  AND ALL POTENTIAL SIDE EFFECTS AS INDICATED BY INDUSTRY
 STUDIES.
   3. NO INCAPACITATED PERSON SHALL BE REQUIRED TO RECEIVE SUCH IMMUNIZA-
 TION AGAINST COVID-19 UNLESS A PERSON WHO IS THE LEGAL GUARDIAN OF  SUCH

 A. 7100                             5
 
 INCAPACITATED  PERSON CHOOSES TO HAVE THE INCAPACITATED PERSON VACCINAT-
 ED.  FOR THE PURPOSES OF THIS SUBDIVISION: (A) THE  TERM  "INCAPACITATED
 PERSON"  SHALL MEAN ANY PERSON OVER THE AGE OF EIGHTEEN WHO IS UNABLE TO
 MAKE  OR  COMMUNICATE DECISIONS AFFECTING THEIR PHYSICAL HEALTH, SAFETY,
 OR SELF-CARE; AND  (B) THE TERM "LEGAL GUARDIAN" SHALL MEAN AND  INCLUDE
 ANY PERSON WHO IS OVER THE AGE OF EIGHTEEN AND DESIGNATED BY AN INCAPAC-
 ITATED  PERSON  PRIOR  TO  INCAPACITATION  AS  THEIR LEGAL GUARDIAN OR A
 PERSON LEGALLY APPOINTED BY A COURT AS GUARDIAN  OF  SUCH  INCAPACITATED
 PERSON.
   4. NO IMMUNIZATION AGAINST COVID-19 SHALL BE REQUIRED FOR:
   (A)  ATTENDANCE BY STUDENTS OR EMPLOYMENT OF TEACHERS AND STAFF AT ANY
 PUBLIC OR PRIVATE EDUCATIONAL INSTITUTION OR DAY CARE FACILITY;
   (B) TRAVEL TO OR FROM ANY LOCATION, INCLUDING OTHER  STATES  OR  COUN-
 TRIES;
   (C) RECEIPT OF ANY GOVERNMENT SERVICES;
   (D) ENTRANCE INTO PUBLIC BUILDINGS;
   (E) EMPLOYMENT OR CONTINUED EMPLOYMENT IN ANY BUSINESS OR NOT-FOR-PRO-
 FIT ORGANIZATION; OR
   (F) USE OF PUBLIC TRANSPORTATION.
   5.  (A) NO GOVERNMENTAL ENTITY SHALL PROVIDE ANY SPECIAL PRIVILEGES OR
 FINANCIAL REWARDS TO ANY INDIVIDUAL FOR RECEIVING  IMMUNIZATION  AGAINST
 COVID-19.
   (B)  NO HEALTH CARE PROVIDER OR PRACTITIONER WHICH ADMINISTERS VACCINE
 SHALL BE OFFERED ANY  INCENTIVE  OR  COMPENSATION  TO  ACHIEVE  TARGETED
 VACCINATION RATES.
   (C)  NO  INSURANCE  COMPANY OR OTHER ENTITY THAT COULD PROFIT FROM THE
 SALE OF COVID-19 VACCINES  SHALL  PROVIDE  ANY  FUNDING,  INCENTIVES  OR
 ADVERTISING TO ANY PARTY TO INCREASE SALES OF A COVID-19 VACCINE.
   6.  NO NURSING HOME, STATE-SPONSORED GROUP HOME FOR ADULTS OR CHILDREN
 OR ANY OTHER GROUP HOME SHALL REQUIRE IMMUNIZATION AGAINST COVID-19 AS A
 CONDITION OF RESIDENCY.
   7. NO PERSON SHALL BE REQUIRED TO HAVE, CARRY OR PRESENT  EVIDENCE  OF
 HAVING RECEIVED IMMUNIZATION AGAINST COVID-19.
   § 8. Paragraph a of subdivision 1 of section 2164 of the public health
 law,  as  amended by chapter 401 of the laws of 2015, is amended to read
 as follows:
   a. The term "school" means and includes any public[, private or  paro-
 chial  child  caring  center,  day  nursery,  day  care  agency, nursery
 school,] PRE-KINDERGARTEN,  kindergarten,  elementary,  intermediate  or
 secondary school.
   § 9. This act shall take effect immediately.