What's happening
This bill amends the religious exemption for mandatory child immunization, requiring parents to submit a physician-signed affidavit confirming they've been informed of immunization risks.
Why it matters
Introduces a new safeguard ensuring that parents seeking a religious exemption for child immunization must be directly informed by a licensed physician about the health risks of not vaccinating. this aims to ensure decisions are made with up-to-date medical knowledge.
Requires formal physician involvement in the exemption process. , potentially increasing the seriousness and accountability of religious exemption requests and reducing exemptions based on misinformation or lack of awareness.
May lead to fewer exemptions overall. , as the added procedural step could discourage casual or convenience-based exemption requests, impacting overall community immunity levels.
Highlights a policy shift balancing religious freedom with public health concerns. , reflecting increased attention to disease prevention and the collective risks posed by unvaccinated individuals in school settings.
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Who cares
Headline styles
Require Risks Affidavit for Exemptions
Plain English, a few words. Used as the page title.
Sponsors
History
- Recommit, enacting clause stricken
- 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.
Require Affidavit for Vaccine Exemption
In Assembly Committee · Health · Sponsor Aravella Simotas
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2289
2019-2020 Regular Sessions
IN SENATE
January 23, 2019
Introduced by Sens. GIANARIS, ADDABBO, HOYLMAN, STAVISKY -- read twice and ordered printed, and when printed to be committed 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.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to the religious exemption from mandatory immunization of a child
Purpose
To ensure the safety of our schoolchildren by making sure parents under- stand the risks of not vaccinating their children and their children's classmates.
Summary of provisions
Section 1 amends subdivision 9 of section 2164 of the public health law by adding the requirement that when a parent or legal guardian submits an application to exempt his or her child from the compulsory vaccina- tion requirements according to religious beliefs, the parent must include an affidavit from a physician stating that the physician discussed the risks of such a decision with the parent or legal guardi- an.
Justification
Recently, there has been an increasingly large movement by parents choosing not to vaccinate their children from deadly infectious diseases. As the anti-vaccination movement has grown in the past few years, this country has experienced the worst outbreak of measles in 20 years, and the worst outbreak of whooping cough in 70 years. This bill seeks to ebb this dangerous trend. While still respecting the religious rights of those who truly object to vaccines on religious grounds, this bill requires that a physician discuss the health risks with the parent. Concerns about dangerous side effects of vaccines are not supported by scientific literature.
Additionally, though many parents may comprehend the risks to which they are exposing their own child, they ignore the risks to their children's classmates who for medical reasons cannot be vaccinated, and are at an increased risk of contracting these deadly illnesses. Therefore, it is imperative that parents fully understand all of these risks before exposing their own child and their child's friends and classmates to these deadly, yet preventable diseases.
Legislative history
2018:Died in Health
2017:Died in Health
2016:Died in Health
2015:Died in Health
Fiscal implications
None.
Effective date
This act shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.