BILL NUMBER: S4376

SPONSOR: OBERACKER
 
TITLE OF BILL:

An act to amend the public health law, in relation to prohibiting a
mandatory immunization against the coronavirus

 
PURPOSE:

The general idea of this bill is to allow the Coronavirus vaccine to
remain taken only on a voluntary basis.

 
SUMMARY OF PROVISIONS:

Section 1. Article 21 of the public health law is amended by adding a 2
new title 8 to read as follows:

 
2180. CORONAVIRUS; VACCINATION. 1. NO VACCINE USED FOR THE PURPOSE:S OF
INDUCING IMMUNITY AGAINST CORONAVIRUS IN HUMANS IN THIS STATE SHALL BE
              

MADE A MANDATORY IMMUNIZATION.NO PERSON SHALL BE REQUIRED TO RECEIVE
SUCH VACCINE UNLESS SUCH INDIVIDUAL CHOOSES TO BE VACCINATED. 2. NO
CHILD UNDER THE AGE OF EIGHTEEN SHALL BE REQUIRED TO RECEIVE SUCH
VACCINE AGAINST CORONAVIRUS UNLESS A PERSON IN A PARENTAL RELATION TO
SUCH CHILD CHOOSES TO HAVE THE CHILD VACCINATED. FOR THE PURPOSE: OF
THIS SUBDIVISION THE TERM "PERSON IN PARENTAL RELATION TO A CHILD" SHALL
MEAN AND INCLUDE ANY PERSON WHO IS A PARENT OR LEGALLY APPOINTED GUARDI-
AN OF A CHILD UNDER THE AGE OF EIGHTEEN. 3. NO INCAPACITATED PERSON
SHALL BE REQUIRED TO RECEIVE SUCH VACCINE AGAINST CORONAVIRUS UNLESS A
PERSON WHO IS THE LEGAL GUARDIAN OF SUCH INCAPACITATED PERSON CHOOSES TO
HAVE THE INCAPACITATED PERSON VACCINATED FOR THE PURPOSE:S OF THIS
SUBDIVISION: (A) THE TERM "INCAPACITATED PERSON" SHALL MEAN ANY PERSON
OVER THE AGE OF EIGHTEEN WHO ARE 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 INCAPACITATED PERSON PRIOR TO INCAPACI-
TATION AS THEIR LEGAL GUARDIAN OR A PERSON LEGALLY APPOINTED BY A COURT
AS GUARDIAN OF SUCH INCAPACITATED PERSON.

Section 2. Provides the Effective date

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

 
JUSTIFICATION:

Due to the speed at which the Coronavirus vaccine was developed in, the
decision should be made to the individual not any private or public
entity. The decision should be made by the individual solely and to not
allow this would be a great mistake. Vaccines take up to 5 years to be
fully developed and researched. Phase 1 and phase 2 clinical trials
typically take one to two years, and the Vaccine for Coronavirus passed
these trials within months. Due to this, the decision should be able to
made by the individual whether or not to receive the vaccine

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:
None to State

 
EFFECTIVE DATE:
Immediately.