Bill Text: NY A07838 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires the department of health to approve medical exemptions from immunization requirements.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - referred to health [A07838 Detail]

Download: New_York-2019-A07838-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7838

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 24, 2019
                                       ___________

        Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
          Committee on Health

        AN ACT to amend the public health law,  in  relation  to  requiring  the
          department  of  health to approve medical exemptions from immunization
          requirements

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

     1    Section  1. Subdivision 8 of section 2164 of the public health law, as
     2  amended by chapter 401 of the laws  of  2015,  is  amended  to  read  as
     3  follows:
     4    8.  [If  any]  (a)  A  physician licensed to practice medicine in this
     5  state who certifies that such  immunization  may  be  detrimental  to  a
     6  child's  health[,] shall submit a request on behalf of such child to the
     7  department asking that the requirements of this section [shall] be inap-
     8  plicable until such immunization is found no longer to be detrimental to
     9  the child's health.    The  request  shall  provide  acceptable  medical
    10  evidence  that such immunization is contraindicated or that a precaution
    11  exists which is supported by current federal Centers for Disease Control
    12  and Prevention (CDC) guidelines. The department shall review the request
    13  and if they find it provides adequate documentation  and  valid  medical
    14  evidence supporting the exemption, approve such request.
    15    (b)  The  department  shall  develop  a  process for medical exemption
    16  requests to be reviewed and approved in a timely manner,  and  for  such
    17  decision  to  be  communicated  to  the  child's  parent or guardian and
    18  school. Such process shall include an ability for a physician and parent
    19  to appeal a department decision on an exemption request.
    20    § 2. This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11673-01-9
feedback