Bill Text: NY S00477 | 2019-2020 | General Assembly | Introduced
Bill Title: Extends the protections of the medical exemption from mandatory immunizations for students to ensure deference to the professional assessments of physicians, nurse practitioners and physician assistants in the care of their individual patients.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-09 - RECOMMIT, ENACTING CLAUSE STRICKEN [S00477 Detail]
Download: New_York-2019-S00477-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 477 2019-2020 Regular Sessions IN SENATE (Prefiled) January 9, 2019 ___________ Introduced by Sen. RIVERA -- 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 the medical exemption from mandatory immunizations for students The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The provisions of this act are not intended to detract from 2 the public health purpose of school immunization legislation. This act 3 is intended to ensure deference to the professional assessments of 4 physicians, nurse practitioners and physician assistants in the care of 5 their individual patients. 6 § 2. Subdivision 8 of section 2164 of the public health law, as 7 amended by chapter 401 of the laws of 2015, is amended to read as 8 follows: 9 8. [If] Upon submission of a written opinion by any physician, nurse 10 practitioner or physician assistant licensed to practice [medicine] in 11 this state [certifies] stating that the physician, nurse practitioner or 12 physician assistant believes such immunization or immunizations may be 13 detrimental to a child's health, or is otherwise contraindicated for 14 health reasons, the physician's, nurse practitioner's or physician 15 assistant's determination shall prevail and the requirements of this 16 section shall be inapplicable until the child's physician, nurse practi- 17 tioner or physician assistant finds such immunization or immunizations 18 is [found] or are no longer [to be] detrimental to the child's health or 19 is or are no longer contraindicated for health reasons. 20 § 3. Subdivision 8 of section 2165 of the public health law, as added 21 by chapter 405 of the laws of 1989, is amended to read as follows: 22 8. [If] Upon submission of a written opinion by any licensed physician 23 [or], nurse practitioner [certifies] or physician assistant stating that 24 the physician, nurse practitioner or physician assistant believes such EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05458-01-9S. 477 2 1 immunization or immunizations may be detrimental to the person's health 2 or is otherwise [medically] contraindicated for health reasons, the 3 physician's, nurse practitioner's or physician assistant's determination 4 shall prevail and the requirements of this section shall be inapplicable 5 until the person's physician, nurse practitioner or physician assistant 6 finds such immunization or immunizations is [found] or are no longer [to7be] detrimental to such person's health or is or are no longer 8 [medically] contraindicated for health reasons. 9 § 4. This act shall take effect immediately.