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S2339Senate2009-2010 SessionSame asA880

Extends the protections of the medical exemption from mandatory immunizations for students

Sponsor Frank PadavanSD-11+3 co-sponsorsAffects Health
Status
In Senate Committee
Health
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Health

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Who cares

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Sponsors

Primary sponsor
Frank Padavan

Senator · Senate District 11

History

  1. Referred to health
  2. Referred to health

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A880Assembly

Extends the protections of the medical exemption from mandatory immunizations for students

Assembly Floor Calendar · Sponsor Richard Gottfried

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the public health law, in relation to the medical exemption from mandatory immunizations for students

Purpose

To ensure that the professional judgment of a student's physician, physician's assistant or nurse practitioner will prevail concerning immunization of the student.

Summary of provisions

Section one of the bill makes clear that the intent of this bill is to recognize and defer to the professional judgment by appropriate medical personnel for medical exemptions to school immunization requirements.

Section two amends subdivision 8 of section 2164 of the Public Health Law applying to medical exemptions for minors, to clarify that the determination of the child's health care practitioner concerning immunization of the child shall prevail. Section three makes the same change to subdivision 8 of section 2165 of the Public Health Law applying to medical exemptions for adult students.

Justification

This bill reflects the legislative policy - reflected in much recent legislation - that medical decisions by patient and health care practitioner are entitled to respect and deference. A patient's physician, physician's assistant or nurse practitioner is in the best position to decide if a vaccination or vaccinations should not be administered to the patient. Government agencies should defer to these professional judgments.

Though the plain language of the current law does not seem to grant any power to review and override a practitioner's certification for a medical exemption to immunization, school and health authorities have commonly second-guessed professionals in this area.

Legislative history

S.1575-A/A.3180-A of 2007-08; S.4692/A.8382 of 2005-06.

Fiscal implications

Savings to school and health agencies which will no longer require staff to review the determinations of student's health care providers.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.