NY State Assembly Bill 2023-A2186A

Assembly Bill A2186A

2023-2024 Legislative Session

Relates to requiring staff and children enrolled in an overnight, children's non-regulated, summer day, or travelling camp to be vaccinated

download bill text pdf

Current Bill Status - In Assembly 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
May 02, 2024	print number 2186a
May 02, 2024	amend (t) and recommit to health
Jan 03, 2024	referred to health
Jan 23, 2023	referred to health

Bill Amendments

Original

A (Active)

2023-A2186 - Details

See Senate Version of this Bill:: S2726
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Amd §1394, Pub Health L; amd §398-f, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6279
2021-2022: A6961, S4249

2023-A2186 - Summary

Requires staff and children enrolled in an overnight, children's non-regulated, summer day, or travelling camp to be vaccinated against a specified list of diseases.

2023-A2186 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2186
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law, in relation to requiring children
   enrolled  in  an  overnight,  children's non-regulated, summer day, or
   travelling camp to be vaccinated
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 1392 of the public health law is amended by adding
 a new subdivision 3-a to read as follows:
   3-A. "CHILDREN'S NON-REGULATED CAMP" SHALL MEAN A PROPERTY  CONSISTING
 OF  A  TRACT  OF LAND AND ANY TENTS, VEHICLES, BUILDINGS OR OTHER STRUC-
 TURES THAT MAY BE PERTINENT TO ITS USE, ANY PART OF WHICH MAY  BE  OCCU-
 PIED  ON  A  SCHEDULED BASIS BY PERSONS UNDER SIXTEEN YEARS OF AGE UNDER
 GENERAL SUPERVISION FOR THE PURPOSE OF INDOOR OR OUTDOOR ORGANIZED GROUP
 ACTIVITIES, INVOLVING PASSIVE AND  NONPASSIVE  RECREATIONAL  ACTIVITIES,
 WHICH ARE NOT SUBJECT TO THE PROVISIONS OF THIS ARTICLE.
   §  2. Section 1394 of the public health law is amended by adding a new
 subdivision 6-a to read as follows:
   6-A. EACH CHILDREN'S OVERNIGHT, CHILDREN'S NON-REGULATED, SUMMER  DAY,
 AND TRAVELLING SUMMER DAY CAMP SHALL ENSURE THAT EVERY CHILD ENROLLED AT
 SUCH CAMP HAS BEEN ADMINISTERED AN ADEQUATE DOSE OR DOSES OF AN IMMUNIZ-
 ING  AGENT  AGAINST  POLIOMYELITIS, MUMPS, MEASLES, DIPHTHERIA, RUBELLA,
 VARICELLA, HAEMOPHILUS INFLUENZAE  TYPE  B  (HIB),  PERTUSSIS,  TETANUS,
 PNEUMOCOCCAL  DISEASE,  AND  HEPATITIS  B,  WHICH  MEETS  THE  STANDARDS
 APPROVED BY THE UNITED STATES PUBLIC HEALTH SERVICE FOR SUCH  BIOLOGICAL
 PRODUCTS,  AND WHICH IS APPROVED BY THE DEPARTMENT UNDER SUCH CONDITIONS
 AS MAY BE SPECIFIED BY THE PUBLIC HEALTH COUNCIL. IF ANY HEALTH  PRACTI-
 TIONER,  AS  DEFINED  IN  SECTION  TWENTY-ONE HUNDRED SIXTY-FOUR OF THIS
 CHAPTER, CERTIFIES THAT  SUCH  IMMUNIZATION  MAY  BE  DETRIMENTAL  TO  A
 CHILD'S HEALTH, THE REQUIREMENTS OF THIS SUBDIVISION SHALL BE INAPPLICA-
 BLE UNTIL SUCH IMMUNIZATION IS FOUND NO LONGER TO BE DETRIMENTAL TO SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01192-01-3

 A. 2186                             2
 
 CHILD'S  HEALTH.  THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGU-
 LATIONS AS SHALL BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SUBDI-
 VISION.
   § 3. This act shall take effect October 1, 2023.

2023-A2186A (ACTIVE) - Details

See Senate Version of this Bill:: S2726
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Amd §1394, Pub Health L; amd §398-f, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6279
2021-2022: A6961, S4249

2023-A2186A (ACTIVE) - Summary

Requires staff and children enrolled in an overnight, children's non-regulated, summer day, or travelling camp to be vaccinated against a specified list of diseases.

2023-A2186A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2186--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee  on Health -- recommitted to the Committee on Health in accordance
   with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to amend the public health law and the general business law, in
   relation to requiring children enrolled in  an  overnight,  children's
   non-regulated, summer day, or travelling camp to be vaccinated
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1394 of the public health law is amended by  adding
 two new subdivisions 6-a and 6-b to read as follows:
   6-A.  EACH CHILDREN'S OVERNIGHT, SUMMER DAY, AND TRAVELLING SUMMER DAY
 CAMP SHALL ENSURE THAT EVERY CHILD ENROLLED AT SUCH CAMP HAS BEEN ADMIN-
 ISTERED AN ADEQUATE DOSE OR DOSES OF AN IMMUNIZING AGENT AGAINST POLIOM-
 YELITIS, MUMPS, MEASLES,  DIPHTHERIA,  RUBELLA,  VARICELLA,  HAEMOPHILUS
 INFLUENZAE  TYPE  B (HIB), PERTUSSIS, TETANUS, PNEUMOCOCCAL DISEASE, AND
 HEPATITIS B, WHICH MEETS THE STANDARDS APPROVED  BY  THE  UNITED  STATES
 PUBLIC  HEALTH  SERVICE  FOR  SUCH  BIOLOGICAL  PRODUCTS,  AND  WHICH IS
 APPROVED BY THE DEPARTMENT UNDER SUCH CONDITIONS AS MAY BE SPECIFIED  BY
 THE  PUBLIC  HEALTH  COUNCIL.  IF ANY HEALTH PRACTITIONER, AS DEFINED IN
 SECTION TWENTY-ONE HUNDRED SIXTY-FOUR OF THIS  CHAPTER,  CERTIFIES  THAT
 SUCH  IMMUNIZATION  MAY BE DETRIMENTAL TO A CHILD'S HEALTH, THE REQUIRE-
 MENTS OF THIS SUBDIVISION SHALL BE INAPPLICABLE UNTIL SUCH  IMMUNIZATION
 IS FOUND NO LONGER TO BE DETRIMENTAL TO SUCH CHILD'S HEALTH. THE COMMIS-
 SIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS SHALL BE NECESSARY
 TO IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION.
   6-B. STAFF AT ALL CHILDREN'S CAMPS DEFINED IN SECTION THIRTEEN HUNDRED
 NINETY-TWO  OF THIS ARTICLE SHALL PROVIDE A CAMP OPERATOR WITH A CURRENT
 CERTIFICATE OF IMMUNIZATION HISTORY FOR DIPHTHERIA, MEASLES, MENINGOCOC-
 CAL MENINGITIS, MUMPS, PERTUSSIS, RUBELLA, TETANUS,  AND  VARICELLA.  IF
 ANY  HEALTH  PRACTITIONER,  AS  DEFINED  IN  SECTION  TWENTY-ONE HUNDRED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01192-02-4

 A. 2186--A                          2
 
 SIXTY-FOUR OF THIS CHAPTER, CERTIFIES THAT SUCH IMMUNIZATIONS ARE DETRI-
 MENTAL TO THE INDIVIDUAL'S HEALTH, THE REQUIREMENTS OF THIS  SUBDIVISION
 SHALL  BE  INAPPLICABLE UNTIL SUCH IMMUNIZATION IS FOUND NO LONGER TO BE
 DETRIMENTAL  TO SUCH INDIVIDUAL'S HEALTH. THE COMMISSIONER SHALL PROMUL-
 GATE SUCH RULES AND REGULATIONS AS SHALL BE NECESSARY TO  IMPLEMENT  THE
 PROVISIONS OF THIS SUBDIVISION.
   §  2.  Section  398-f of the general business law is amended by adding
 two new subdivisions 4 and 5 to read as follows:
   4. NOTWITHSTANDING ANY OTHER PROVISION OF  THIS  SECTION  RELATING  TO
 DEPARTMENT  OF  HEALTH  REGULATIONS, EVERY CHILDREN'S NON-REGULATED CAMP
 SHALL ENSURE THAT EVERY CHILD ENROLLED AT SUCH CAMP  HAS  BEEN  ADMINIS-
 TERED  AN  ADEQUATE DOSE OR DOSES OF AN IMMUNIZING AGENT AGAINST POLIOM-
 YELITIS, MUMPS, MEASLES,  DIPHTHERIA,  RUBELLA,  VARICELLA,  HAEMOPHILUS
 INFLUENZAE  TYPE  B (HIB), PERTUSSIS, TETANUS, PNEUMOCOCCAL DISEASE, AND
 HEPATITIS B, WHICH MEETS THE STANDARDS APPROVED  BY  THE  UNITED  STATES
 PUBLIC  HEALTH  SERVICE  FOR  SUCH  BIOLOGICAL  PRODUCTS,  AND  WHICH IS
 APPROVED BY THE DEPARTMENT OF HEALTH UNDER SUCH  CONDITIONS  AS  MAY  BE
 SPECIFIED  BY  THE  PUBLIC  HEALTH  AND  HEALTH PLANNING COUNCIL. IF ANY
 HEALTH PRACTITIONER, AS DEFINED IN SECTION TWENTY-ONE HUNDRED SIXTY-FOUR
 OF THE PUBLIC HEALTH LAW, CERTIFIES THAT SUCH IMMUNIZATION MAY BE DETRI-
 MENTAL TO A CHILD'S HEALTH, THE REQUIREMENTS OF THIS  SUBDIVISION  SHALL
 BE  INAPPLICABLE UNTIL SUCH IMMUNIZATION IS FOUND NO LONGER TO BE DETRI-
 MENTAL TO SUCH CHILD'S HEALTH. THE COMMISSIONER OF HEALTH SHALL  PROMUL-
 GATE  SUCH  RULES AND REGULATIONS AS SHALL BE NECESSARY TO IMPLEMENT THE
 PROVISIONS OF THIS SUBDIVISION.
   5. STAFF AT ALL CHILDREN'S NON-REGULATED CAMPS SHALL  PROVIDE  A  CAMP
 OPERATOR WITH A CURRENT CERTIFICATE OF IMMUNIZATION HISTORY FOR DIPHTHE-
 RIA, MEASLES, MENINGOCOCCAL MENINGITIS, MUMPS, PERTUSSIS, RUBELLA, TETA-
 NUS,  AND  VARICELLA.  IF ANY HEALTH PRACTITIONER, AS DEFINED IN SECTION
 TWENTY-ONE HUNDRED SIXTY-FOUR OF THE PUBLIC HEALTH LAW,  CERTIFIES  THAT
 SUCH  IMMUNIZATIONS  ARE  DETRIMENTAL  TO  THE  INDIVIDUAL'S HEALTH, THE
 REQUIREMENTS OF THIS SUBDIVISION SHALL BE INAPPLICABLE UNTIL SUCH IMMUN-
 IZATION IS FOUND NO  LONGER  TO  BE  DETRIMENTAL  TO  SUCH  INDIVIDUAL'S
 HEALTH. THE COMMISSIONER OF HEALTH SHALL PROMULGATE SUCH RULES AND REGU-
 LATIONS AS SHALL BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SUBDI-
 VISION.
   §  3.  Paragraph  (a) of subdivision 2 of section 398-f of the general
 business law, as amended by chapter 248 of the laws of 2022, is  amended
 to read as follows:
   (a)  No person, firm, corporation or association shall enroll or allow
 participation of a child in a children's non-regulated camp  unless  the
 parent  or  guardian  of  the child has been provided with the following
 written notice on the application or enrollment form:
   "This camp is not regulated or inspected by the New York State Depart-
 ment of Health and is not required to  obtain  a  Department  of  Health
 permit.  This  camp is not required to follow Department of Health regu-
 lations[,  including,]  REGARDING  maintaining  minimum   staff-to-child
 ratios;  hiring medical personnel; or reporting injuries or illnesses to
 the Department of Health."
   § 4. Paragraph (a) of subdivision 2 of section 398-f  of  the  general
 business  law,  as amended by chapter 63 of the laws of 2024, is amended
 to read as follows:
   (a) No person, firm, corporation or association shall enroll or  allow
 participation  of a child in a children's non-regulated camp unless such
 non-regulated camp has registered with the department of  health,  in  a
 form  and  manner  prescribed  by the department of health, on an annual
 A. 2186--A                          3
 
 basis and the parent or guardian of the child has been provided with the
 following written notice on the application or enrollment form:
   "This  camp  is  registered with but not regulated or inspected by the
 New York State Department of Health and is  not  required  to  obtain  a
 Department of Health permit. This camp is not required to follow Depart-
 ment  of  Health regulations[, including,] REGARDING maintaining minimum
 staff-to-child ratios; hiring medical personnel; or  reporting  injuries
 or illnesses to the Department of Health."
   §  5. This act shall take effect on the first of October next succeed-
 ing the date on which it shall have become  a  law;  provided,  however,
 that  section four of this act shall take effect on the same date and in
 the same manner as section 4 of chapter 62 of the  laws  of  2024  takes
 effect.

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