BILL NUMBER: S6495

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring the
immunization of certain post-secondary students against COVID-19

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 2165 of the Public Health Law
("Immunization of certain post-secondary students") to require students
attending colleges and universities in New York to demonstrate proof of
immunization against COVID-19.

Section 2 of the bill is the effective date, which takes effect thirty
days following a COVID-19 vaccine receiving standard approval by the
U.S. Food and Drug Administration.

 
JUSTIFICATION:

              

From the earliest days of the COVID-19 pandemic, it has been apparent
that despite best efforts, COVID-19 spreads quickly in high-density
communal living situations--colleges and universities being no excep-
tion. While many college students are at lower risk of severe COVID-19
infections, they can be major drivers of viral transmission. 
1

Research has confirmed the risk that the combination of dense college
dorms and unvaccinated college students can pose to both college campus-
es and surrounding communities. 
2 When large universities opened for
in-person instruction in the fall of 2020, their home counties saw a 56
percent increase in COVID-19 infections in the following three weeks,
compared to the three weeks before the start of classes. 
3

Concerningly, 29 of 30 nationwide college campuses in one study
displayed a seven-day incidence of 50 cases per 100,000, making them
what policy makers consider a "high-risk area". 
4 Those peaks of COVID
cases on college campuses occurred in between the first and second
national waves of the COVID virus, showing that the campus COVID spikes
were independent of national disease dynamics. 
5

Following eligibility expansions in numerous states allowing everyone
older than sixteen to receive COVID-19 vaccines, several colleges across
the country have announced they will require students to be vaccinated
against COVID-19 to return to college in the fall, including Rutgers
University 
6 in New Jersey, Nova Southeastern University 
7 in Florida,
and Cornell University 
8 in New York. Such vaccine requirements are not
unprecedented, section 2165 of the Public Health Law already requires
college students to be vaccinated against measles, mumps, and rubella as
a condition of attendance.

Considering the ease with which COVID-19 spreads on college campuses and
the risk to college communities, it is crucial that each student attend-
ing college protect themselves and their communities from COVID-19 by
getting a COVID-19 vaccine before arriving on campus. Citations:   
1
https://www.nbcnews.com/health/health-news/colleges-consider-
requiringcovid-vaccinations-students-young-adults-drive-rise-n1262094
 
2 https://www.nytimes.com/2020/12/12/us/covid-colleges-nursing-
homes.html  
3
https://www.insidehighered.com/quicktakes/2021/01/11/cdc-compares-
covid19-rates-counties-person-and-remote-classes  
4
https://www.insidehighered.com/news/2021/01/13/college-openings- ledin-
crease-community-cases-research-says  
5 Id.   
6
https://www.rutgers.edu/news/rutgers-require-covid-19-vaccine- students
 
7 https://www.sun-sentinel.com/coronavirus/vaccines/fl-ne-nsu- requir-
esstudents-staff-vaccines-20210402- vmlwvaiurjajziaiaujdgxk7qa-sto-
ry.html  
8
https://nypost.com/2021/04/03/cornell-university-mandates-covid-19-
vaccines-for-students/

 
PRIOR LEGISLATIVE HISTORY:

None, new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect thirty days following the date of the issu-
ance of a biologics license for an immunizing agent against COVID-19 by
the United States Food and Drug Administration provided that the
provisions contained in this act are in accordance with recommendations
issued by the Centers for Disease Control Advisory Committee on Immuni-
zation Practices. The commissioner of health shall notify the legisla-
tive bill drafting commission upon the occurrence of such approval in
order that the commission may maintain an accurate and timely effective
data base of the official text of the laws of the state of New York in
furtherance of effectuating the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law. Effective imme-
diately the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such date.