NY State Senate Bill 2023-S2726A

Senate Bill S2726A

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 Senate Committee Health 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
Jul 24, 2024	print number 2726a
Jul 24, 2024	amend (t) and recommit to health
Jan 03, 2024	referred to health
Jan 24, 2023	referred to health

Bill Amendments

Original

A (Active)

2023-S2726 - Details

See Assembly Version of this Bill:: A2186
Current Committee:: Senate 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: S4249, A6961

2023-S2726 - 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-S2726 - Sponsor Memo

                                 
BILL NUMBER: S2726

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring children
enrolled in an overnight, children's non-regulated, summer day, or trav-
elling camp to be vaccinated

 
PURPOSE:

This bill would require that any child attending an overnight, summer
day, travelling summer day or children's non-regulated camp be up to
date on their vaccinations; excluding those with a compromising medical
condition.

 
SUMMARY OF PROVISIONS:

Section 1: Defines children's non-regulated camp.

Section 2: States that each children's overnight, children's non-regu-
lated, 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 immunizing 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.

If any health care 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 requirements of this subdivision
shall be inapplicable until such immunization is found no longer to be
detrimental to such child's health.

Section 3: Sets effective date.

 
JUSTIFICATION:

The New York State Department of Health code requires many camps to
maintain immunization records for all campers, which are then regularly
reviewed by local health departments.

However, there are no vaccination requirements for admission to camp.
Currently, individual camps must decide if any vaccines are required and
what specifically those vaccines would be.

This legislation would require vaccinations of children attending camp
in New York State with the exception of a child with a medical
exemption.

 
LEGISLATIVE HISTORY:

Senate

2019-2020: S6279, Referred to Health

2021-2022: S4249, Referred to Health

Assembly

2019-2020: No Assembly Same-As

2021-2022: A6961, Referred to Health

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect October 1, 2023.

2023-S2726 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2726
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee 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

 S. 2726                             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-S2726A (ACTIVE) - Details

See Assembly Version of this Bill:: A2186
Current Committee:: Senate 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: S4249, A6961

2023-S2726A (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-S2726A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2726A

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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

 
PURPOSE::

This bill would require that any child and staff at an overnight, summer
day, travelling summer day or children's non-regulated camp be up to
date on their vaccinations; excluding those with a compromising medical
condition.

 
SUMMARY OF PROVISIONS::

Section one: Adds subdivisions 6-a, and 6-b to § 1394 of the public
health law. Subdivision 6-a states that each children's overnight ,
summer day, and travelling summer day camp shall ensure that every child
enrolled at such camp has been administered an adequate do se or doses

of an immunizing agent against poliomyelitis, mumps, measles, diphthe-
ria, rubella, varicella, Haemophilus influenzae type b (Rib), pertussis,
tetanus, pneumococcal disease, and hepatitis B, which meets the stand-
ards approved by the United States public h ealth service for such
biological products. If any health care practitioner, as defined in
section twenty-one hundred sixty-four of t his 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. Subdivision
6-b imposes the same requirements on the staff of such camps. Each
member of the staff is required to provide the camp operator with their
immunization certificates.

Section two: Adds subdivisions 4, and 5 to § 398-f of the general busi-
ness law. Subdivision 4 provides that each children's non-regul ated
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 (Rib), pertussis, tetanus, pneum ococcal disease, and
hepatitis B, which meets the standards approved by the United States
public health service for such biological p roducts. If any health care
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 requirements of this subdivision shall be inapplica-
ble until such immunization is found no longer to be detrimental to such
child's health. The commissioner of health is entrusted with the task of
formulating rules and regulations. Subdivision 5 imposes the same
requirements on the staff of such camps. Each member of the staff is
required to provide the camp operator with their immunization certif-
icates.

Section three: Amends subdivision 2 of section 398-f of the general
business law amending the notice provided to the parent or guardi an of
a child seeking enrollment in a non-regulated camp which includes infor-
mation stating that the camp is not required to follow department of
health regulations to information stating that the camp is not required
to follow department of health regulations regar ding maintaining mini-
mum staff-to-child ratios, hiring medical personnel, or reporting inju-
ries or illnesses to the department of health.

Section four: Amends subdivision .2 of section 398-f of the general
business law making conforming changes.

Section five: Provides the effective date.

 
JUSTIFICATION::

The New York State Department of Health code requires many camps to
maintain immunization records for all campers, which are then regularly
reviewed by local health departments. However, there are no vaccination
requirements for admission to camp. Currently, individual camps must
decide if any vaccines are required and what specifically those vaccines
would be.

Camps bring together children and adults from various regions, where
they often spend signifiant time together in close quarters, increasing
the risk of disease transmission. Vaccinations reduce this risk by
preventing outbreaks of vaccine-preventable diseases like measles,
mumps, and whooping cough. This legislation would require vaccinations
of children and employees at camps in New York State with the exception
of a child with a medical exemption.

 
LEGISLATIVE HISTORY::

Senate

2019-2020: S6279, Referred to Health

2021-2022: S4249, Referred to Health

Assembly

2019-2020: No Assembly Same-As

2021-2022: A6961, Referred to Health

 
FISCAL IMPLICATIONS::

None.

 
EFFECTIVE DATE::

This act shall take effect on the first of October next succeeding the
date on which it shall have become a law.

2023-S2726A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2726--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health --  recommitted  to
   the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01192-03-4

 S. 2726--A                          2
 
 ANY  HEALTH  PRACTITIONER,  AS  DEFINED  IN  SECTION  TWENTY-ONE HUNDRED
 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
 S. 2726--A                          3
 
 form and manner prescribed by the department of  health,  on  an  annual
 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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