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S378Senate2015-2016 Session

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

Sponsor Gustavo RiveraSD-33Affects 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
Gustavo Rivera

Senator · Senate District 33

No co-sponsors yet.

History

  1. Print number 378a
  2. Amend and recommit to health
  3. Referred to health
  4. Referred to health

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 or general idea of bill

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 specific provisions

Provides that where a parent seeks a medical exemption from mandatory immunizations for a child, the professional assessment by the child's physician or nurse practitioner shall prevail.

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, nurse practitioner or physician assistant 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.

Prior legislative history

2005-06: A.8382 - referred to Health Committee 2007-08: A.3180-A - referred to Rules Committee 2009-10: A.880 - advanced to third reading 2011-12: A.593 - starred on calendar

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.