What's happening
This bill requires New York to create specific criteria and a protocol for approving religious exemptions to school immunization requirements.
Why it matters
Creates a uniform, statewide process. By requiring both the health and education departments to develop the criteria and protocol together, the bill aims to ensure that religious exemption decisions are consistent across all schools, reducing arbitrary or uneven application.
Raises the threshold for exemption. Individuals must be pre-approved under the new protocol before even submitting a religious exemption request, which could reduce the number of exemptions granted and limit misuse of religious exemptions.
Potentially impacts access to education. Students whose exemption requests do not meet the new criteria may be barred from attending school if they are not vaccinated, directly affecting families who previously relied on the exemption.
Reflects a broader balancing act. The bill highlights ongoing tensions between public health priorities (like herd immunity) and individual religious freedoms, and sets a precedent for how such conflicts might be resolved in New York.
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Who cares
Headline styles
Set Rules for Vaccine Exemptions
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 4
No co-sponsors yet.
History
- Referred to health
- Referred to health
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
601
2017-2018 Regular Sessions
IN SENATE
January 4, 2017
Introduced by Sen. BOYLE -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law and the education law, in relation to establishing a specific protocol regarding religious exemptions to immunizations in schools
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2164 of the public health law is amended by adding a new subdivision 10-a to read as follows:
10-a. The commissioner shall work in conjunction with the commissioner of education to establish a protocol with specific criteria for all children described in subdivision nine of this section to qualify for the religious vaccination exemption. Prior to an individual being permitted to submit a request for religious exemption to immunization form, required under 10 NYCRR 66-1.3(d), such individual must be approved under such established protocol. Such protocol shall be created and put into effect prior to the two thousand seventeen--two thousand eighteen school year.
§ 2. Section 914 of the education law is amended by adding a new subdivision 4 to read as follows:
4. The commissioner shall work in conjunction with the commissioner of health to establish a protocol with specific criteria for all children described in subdivision nine of section twenty-one hundred sixty four of the public health law to qualify for the religious vaccination exemption. Prior to an individual being permitted to submit a request for religious exemption to immunization form, required under 10 NYCRR 66-1.3(d), such individual must be approved under such established protocol. Such protocol shall be created and put into effect prior to the two thousand seventeen--two thousand eighteen school year.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05506-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law and the education law, in relation to establishing a specific protocol regarding religious exemptions to immunizations in schools
Purpose
Calls upon the Commissioner of the Department of Health and the State Education Department to establish a specific protocol regarding religious exemptions to immunizations in schools.
Summary of provisions
Section 1. Calls upon the Commissioner of Health to work with the Commissioner of Education to establish a protocol with specific criteria for all children seeking a religious vaccination exemption. This protocol should be put into effect prior to the 2016-2017 school year.
Section 2. Calls upon the Commissioner of Education to work with the Commissioner of Health to establish a protocol with specific criteria for all children seeking a religious vaccination exemption. This protocol should be put into effect prior to the 2016-2017 school year.
Section 3. Effective Date.
Justification
Although New York State does have a religious waiver to the vaccine requirements, some school districts conduct an inquiry into whether the beliefs are genuine and sincere. Currently, the law requires only a written and signed statement from the parent, parents, or guardian of such child stating that they object to the child's immunization due to sincere and genuine religious beliefs which prohibit the immunization of their child. However, the principal or person in charge of the school is free to require supporting documents. This flexibility results in different applications of the law in various school districts. Students who move to new school districts are left to reapply for this waiver which could result in a different outcome.
This bill calls upon the Commissioner of Health and Commissioner of Education to work together to implement a uniform process for students to be considered for the religious waiver to the vaccination requirement for schoolchildren.
Legislative history
05/12/16 REFERRED TO HEALTH
Fiscal implications
To be determined.
Local fiscal implications
EFFECTIVE DATE : This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.