§ 2164. Definitions; immunization against poliomyelitis, mumps,
measles, diphtheria, rubella, varicella, Haemophilus influenzae type b
(Hib), pertussis, tetanus, pneumococcal disease, meningococcal disease,
and hepatitis B. 1. As used in this section, unless the context requires
otherwise:

a. The term "school" means and includes any public, private or
parochial child caring center, day nursery, day care agency, nursery
school, kindergarten, elementary, intermediate or secondary school.

b. The term "child" shall mean and include any person between the ages
of two months and eighteen years.

c. The term "person in parental relation to a child" shall mean and
include his father or mother, by birth or adoption, his legally
appointed guardian, or his custodian. A person shall be regarded as the
custodian of a child if he has assumed the charge and care of the child
because the parents or legally appointed guardian of the minor have
died, are imprisoned, are mentally ill, or have been committed to an
institution, or because they have abandoned or deserted such child or
are living outside the state or their whereabouts are unknown, or have
designated the person pursuant to title fifteen-A of article five of the
general obligations law as a person in parental relation to the child.

d. The term "health practitioner" shall mean any person authorized by
law to administer an immunization.

2. a. Every person in parental relation to a child in this state shall
have administered to such child 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, and which is approved by the department under such
conditions as may be specified by the public health council.

b. Every person in parental relation to a child in this state born on
or after January first, nineteen hundred ninety-four and entering sixth
grade or a comparable age level special education program with an
unassigned grade on or after September first, two thousand seven, shall
have administered to such child a booster immunization containing
diphtheria and tetanus toxoids, and an acellular pertussis vaccine,
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.

c. Every person in parental relation to a child in this state entering
or having entered seventh grade and twelfth grade or a comparable age
level special education program with an unassigned grade on or after
September first, two thousand sixteen, shall have administered to such
child an adequate dose or doses of immunizing agents against
meningococcal disease as recommended by the advisory committee on
immunization practices of the centers for disease control and
prevention, 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 and planning council.

3. The person in parental relation to any such child who has not
previously received such immunization shall present the child to a
health practitioner and request such health practitioner to administer
the necessary immunization against poliomyelitis, mumps, measles,
diphtheria, Haemophilus influenzae type b (Hib), rubella, varicella,
pertussis, tetanus, pneumococcal disease, meningococcal disease, and
hepatitis B as provided in subdivision two of this section.

4. If any person in parental relation to such child is unable to pay
for the services of a private health practitioner, such person shall
present such child to the health officer of the county in which the
child resides, who shall then administer the immunizing agent without
charge.

5. The health practitioner who administers such immunizing agent
against poliomyelitis, mumps, measles, diphtheria, Haemophilus
influenzae type b (Hib), rubella, varicella, pertussis, tetanus,
pneumococcal disease, meningococcal disease, and hepatitis B to any such
child shall give a certificate of such immunization to the person in
parental relation to such child.

6. In the event that a person in parental relation to a child makes
application for admission of such child to a school or has a child
attending school and there exists no certificate or other acceptable
evidence of the child's immunization against poliomyelitis, mumps,
measles, diphtheria, rubella, varicella, hepatitis B, pertussis,
tetanus, and, where applicable, Haemophilus influenzae type b (Hib),
meningococcal disease, and pneumococcal disease, the principal, teacher,
owner or person in charge of the school shall inform such person of the
necessity to have the child immunized, that such immunization may be
administered by any health practitioner, or that the child may be
immunized without charge by the health officer in the county where the
child resides, if such person executes a consent therefor. In the event
that such person does not wish to select a health practitioner to
administer the immunization, he or she shall be provided with a form
which shall give notice that as a prerequisite to processing the
application for admission to, or for continued attendance at, the school
such person shall state a valid reason for withholding consent or
consent shall be given for immunization to be administered by a health
officer in the public employ, or by a school physician or nurse. The
form shall provide for the execution of a consent by such person and it
shall also state that such person need not execute such consent if
subdivision eight of this section applies to such child.

7. (a) No principal, teacher, owner or person in charge of a school
shall permit any child to be admitted to such school, or to attend such
school, in excess of fourteen days, without the certificate provided for
in subdivision five of this section or some other acceptable evidence of
the child's immunization against poliomyelitis, mumps, measles,
diphtheria, rubella, varicella, hepatitis B, pertussis, tetanus, and,
where applicable, Haemophilus influenzae type b (Hib), meningococcal
disease, and pneumococcal disease; provided, however, such fourteen day
period may be extended to not more than thirty days for an individual
student by the appropriate principal, teacher, owner or other person in
charge where such student is transferring from out-of-state or from
another country and can show a good faith effort to get the necessary
certification or other evidence of immunization.

(b) A parent, a guardian or any other person in parental relationship
to a child denied school entrance or attendance may appeal by petition
to the commissioner of education in accordance with the provisions of
section three hundred ten of the education law.

8. If any physician licensed to practice medicine in this state
certifies that such immunization may be detrimental to a child's health,
the requirements of this section shall be inapplicable until such
immunization is found no longer to be detrimental to the child's health.

8-a. Whenever a child has been refused admission to, or continued
attendance at, a school as provided for in subdivision seven of this
section because there exists no certificate provided for in subdivision
five of this section or other acceptable evidence of the child's
immunization against poliomyelitis, mumps, measles, diphtheria, rubella,
varicella, hepatitis B, pertussis, tetanus, and, where applicable,
Haemophilus influenzae type b (Hib), meningococcal disease, and
pneumococcal disease, the principal, teacher, owner or person in charge
of the school shall:

a. forward a report of such exclusion and the name and address of such
child to the local health authority and to the person in parental
relation to the child together with a notification of the responsibility
of such person under subdivision two of this section and a form of
consent as prescribed by regulation of the commissioner, and

b. provide, with the cooperation of the appropriate local health
authority, for a time and place at which an immunizing agent or agents
shall be administered, as required by subdivision two of this section,
to a child for whom a consent has been obtained. Upon failure of a local
health authority to cooperate in arranging for a time and place at which
an immunizing agent or agents shall be administered as required by
subdivision two of this section, the commissioner shall arrange for such
administration and may recover the cost thereof from the amount of state
aid to which the local health authority would otherwise be entitled.

10. The commissioner may adopt and amend rules and regulations to
effectuate the provisions and purposes of this section.

11. Every school shall annually provide the commissioner, on forms
provided by the commissioner, a summary regarding compliance with the
provisions of this section.