NY State Senate Bill 2025-S3958

Senate Bill S3958

2025-2026 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 31, 2025	referred to health

2025-S3958 (ACTIVE) - Details

See Assembly Version of this Bill:: A3254
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
2023-2024: S2726, A2186

2025-S3958 (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.

2025-S3958 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3958

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 all children and staff overnight, on summer
days, traveling on summer days, or at children's non-regulated camps to
be up to date on their vaccinations, excluding those with compromising
medical conditions.

 
SUMMARY OF PROVISIONS:

Section 1: 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 traveling 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 (Rib), pertussis, tetanus,
pneumococcal disease, and hepatitis B, which meets the standards
approved by the United States public health service for such biological
products. Suppose 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. In that case, the
requirements of this subdivision shall be inapplicable until such immun-
ization 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 staff member is required to provide the camp operator with
their immunization certificates.

Section 2: Adds subdivisions 4 and 5 to § 398-f of the general business
law. Subdivision 4 provides that each 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 (Rib), pertussis, tetanus, pneumococcal disease, and
hepatitis B, which meets the standards approved by the United States
public health service for such biological products. Suppose 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. In that case, the requirements of this subdivision
shall be inapplicable 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. Subdivi-
sion 5 imposes the exact requirements on the staff of such camps. Each
staff member is required to provide the camp operator with their immuni-
zation certificates.

Section 3: Amends subdivision 2 of section 398-f of the general business
law amending the notice provided to the parent or guardian of a child
seeking enrollment in a non-regulated camp, which includes information
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 regarding maintaining minimum
staff-to-child ratios, hiring medical personnel, or reporting injuries
or illnesses to the department of health.

Section 4: Amends subdivision 2 of section 398-f of the general business
law, making conforming changes.

Section 5: Sets effective date.

 
JUSTIFICATION:

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

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

 
LEGISLATIVE HISTORY:

Senate

2019: S6279A, Amend and Recommit to Rules

2020: S6279A, Referred to Health

2021: S4249, Referred to Health

2022: S4249, Referred to Health

2023: S2726A, Referred to Health

2024: S2726A, Amend and Recommit to Health

Assembly

2019: No Assembly Same-As

2020: No Assembly Same-As

2021: A6961, Referred to Health

2022: A6961, Referred to Health

2023: A2186A, Referred to Health

2024: A2186A, Amend and Recommit 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; 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.

2025-S3958 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3958
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2025
                                ___________
 
 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 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
 SIXTY-FOUR OF THIS CHAPTER, CERTIFIES THAT SUCH IMMUNIZATIONS ARE DETRI-
 MENTAL  TO THE INDIVIDUAL'S HEALTH, THE REQUIREMENTS OF THIS SUBDIVISION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06996-01-5

 S. 3958                             2
 
 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
 basis and the parent or guardian of the child has been provided with the
 following written notice on the application or enrollment form:
 S. 3958                             3
 
   "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 63 of the laws of 2024 takes
 effect.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.