Bill Text: NY S07535 | 2019-2020 | General Assembly | Introduced


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 5-0)

Status: (Introduced - Dead) 2020-01-23 - REFERRED TO HEALTH [S07535 Detail]

Download: New_York-2019-S07535-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7535

                    IN SENATE

                                    January 23, 2020
                                       ___________

        Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
          printed to be committed to the Committee 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
    25  certification by a physician under this subdivision shall not be subject
    26  to review by any department, public officer or board.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14179-01-9

        S. 7535                             2

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