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A1135Assembly2019-2020 Session

Require Affidavit for Vaccine Exemption

Official title

“Provides that persons in parental relation to a child refusing to immunize such child for religious reasons, shall file with the school an affidavit that the risks of such failure to immunize”

Sponsor Aravella SimotasAD-36+2 co-sponsorsAffects Health
Status
In Assembly Committee
Health
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Health

What's happening

This bill requires parents seeking a religious exemption from mandatory child immunizations to submit a physician-signed affidavit confirming risks have been discussed.

Why it matters

  1. Makes it harder to claim a religious exemption. Parents must now consult with a licensed physician and get a signed affidavit, introducing an extra step that could deter exemptions based on convenience rather than sincerely held beliefs.

  2. Ensures parents are informed of health risks. By requiring physicians to discuss the risks of non-immunization (to both the child and the broader community), the law aims to ensure exemption-seeking parents are making fully informed decisions.

  3. Involves medical professionals in exemption process. Physicians become gatekeepers for religious exemptions, potentially reducing the number of exemptions granted if doctors are unwilling or hesitant to sign affidavits for non-medical reasons.

  4. Aligns exemption process with public health guidance. The information provided to parents must be based on current CDC data, helping standardize and update the risk information parents receive before opting out of vaccines.

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Who cares

Headline styles

Require Affidavit for Vaccine Exemption

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Aravella Simotas

Assembly Member · Assembly District 36

History

  1. Referred to health
  2. Referred to health

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1135

2019-2020 Regular Sessions

IN ASSEMBLY

January 14, 2019

Introduced by M. of A. SIMOTAS, BUCHWALD -- Multi-Sponsored by -- M. of A. ARROYO, DINOWITZ, McDONOUGH -- read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to the religious exemption from mandatory immunization of a child

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 9 of section 2164 of the public health law, as amended by chapter 401 of the laws of 2015, is amended to read as follows:

9. This section shall not apply to [children] a child whose parent, parents, or guardian hold genuine and sincere religious beliefs which are contrary to the practices [herein] required by this section, and no certificate shall be required as a prerequisite to such [children] child being admitted or received into school or attending school. Provided, however, that the exemption granted by this subdivision shall only apply to a child whose parent, parents or guardian has submitted to the school, which the child is to be admitted or attends, an affidavit, signed by a physician licensed pursuant to article one hundred thirtyone of the education law and authorized to administer immunizations, stating that such physician has informed and discussed with such parent, parents or guardian the medical risks to the child and to other individuals of failing to be immunized in accordance with this section, based upon information relating thereto issued by the federal Centers for Disease Control.

§ 2. This act shall take effect on the thirtieth day after it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01493-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

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