S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5051
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2023
                                ___________
 
 Introduced  by  Sens.  LANZA, MATTERA -- 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  prohibiting  a
   mandatory immunization against the novel coronavirus/COVID-19
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 2184 to read as follows:
   §  2184.  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06807-01-3
              

 S. 5051                             2
 
 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.
   § 2. This act shall take effect immediately.