Bill Text: NY A04007 | 2021-2022 | General Assembly | Introduced

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Bill Title: Provides that it shall not be considered professional misconduct for a physician to provide a certification that an immunization may be detrimental to a patient's health if, in his or her professional judgment, such immunization poses a risk to such patient.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2022-01-05 - referred to health [A04007 Detail]

Download: New_York-2021-A04007-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4007

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 1, 2021
                                       ___________

        Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
          tee on Health

        AN ACT to amend the education law and the public health law, in relation
          to medical exemptions from vaccination requirements

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The education law is amended by adding a new section 6509-f
     2  to read as follows:
     3    §  6509-f.  Failure  to  immunize  not  professional  misconduct.   1.
     4  Notwithstanding any other provision of law to the contrary, it shall not
     5  be  considered  professional  misconduct pursuant to this subarticle for
     6  any person who is licensed under title eight of this chapter to:
     7    a. fail to immunize any patient  under  their  care  if  such  patient
     8  refuses  or  a person in parental relation to a child refuses consent to
     9  immunization of such child;
    10    b. provide a certification that any immunization may be detrimental to
    11  a patient's health if, in his or her professional judgment, such immuni-
    12  zation poses a risk to such patient; or
    13    c. provide any treatment or care to a patient who has not received any
    14  immunizations required by law.
    15    2. No person who is licensed under title eight of this  chapter  shall
    16  be  subject to any proceedings, including investigations, for misconduct
    17  for any actions set forth in subdivision one of this section.
    18    § 2. Subdivision 8 of section  2164  of  the  public  health  law,  as
    19  amended  by  chapter  401  of  the  laws  of 2015, is amended to read as
    20  follows:
    21    8. If any physician licensed to practice medicine in this state certi-
    22  fies that such immunization may be detrimental to a child's health,  the
    23  requirements  of this section shall be inapplicable until such immuniza-
    24  tion is found no longer to be detrimental to  the  child's  health.    A

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02244-01-1
        A. 4007                             2

     1  certification by a physician under this subdivision shall not be subject
     2  to review by any department, public officer or board.
     3    §  3.  Paragraph  (c) of subdivision 1 of section 2805-h of the public
     4  health law, as amended by chapter 266 of the laws of 2006, is amended to
     5  read as follows:
     6    (c) If any physician licensed  to  practice  medicine  in  this  state
     7  certifies that such immunization may be detrimental to a child's health,
     8  the requirements of this section shall be inapplicable until such immun-
     9  ization  is  found no longer to be detrimental to the child's health.  A
    10  certification by a physician under this paragraph shall not  be  subject
    11  to review by any department, public officer or board.
    12    § 4. This act shall take effect immediately.