What's happening
This bill expands medical exemption authority for school immunizations to nurse practitioners and physician assistants, and defers to their professional judgment.
Why it matters
Expands patient access to medical exemptions by allowing nurse practitioners and physician assistants—not just physicians—to issue them, which could speed up the process for families and schools.
Prioritizes the clinical judgment of individual healthcare providers, making it harder for schools or public health authorities to override these decisions and potentially reducing administrative disputes.
Broadens the criteria for exemption by allowing providers to consider not only direct detriment to health but also general contraindications “for health reasons,” possibly increasing the number of students eligible for exemption.
Could lead to greater variability in exemption rates between schools or regions, as more types of providers with different training and philosophies are empowered to make these decisions.
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Who cares
Headline styles
Expand Medical Immunization Exemptions
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Recommit, enacting clause stricken
- Referred to health
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
477
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. RIVERA -- 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 medical exemption from mandatory immunizations for students
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The provisions of this act are not intended to detract from the public health purpose of school immunization legislation. This act is intended to ensure deference to the professional assessments of physicians, nurse practitioners and physician assistants in the care of their individual patients.
§ 2. Subdivision 8 of section 2164 of the public health law, as amended by chapter 401 of the laws of 2015, is amended to read as follows:
8. [If] Upon submission of a written opinion by any physician, nurse practitioner or physician assistant licensed to practice [medicine] in this state [certifies] stating that the physician, nurse practitioner or physician assistant believes such immunization or immunizations may be detrimental to a child's health, or is otherwise contraindicated for health reasons, the physician's, nurse practitioner's or physician assistant's determination shall prevail and the requirements of this section shall be inapplicable until the child's physician, nurse practitioner or physician assistant finds such immunization or immunizations is [found] or are no longer [to be] detrimental to the child's health or is or are no longer contraindicated for health reasons.
§ 3. Subdivision 8 of section 2165 of the public health law, as added by chapter 405 of the laws of 1989, is amended to read as follows:
8. [If] Upon submission of a written opinion by any licensed physician [or], nurse practitioner [certifies] or physician assistant stating that the physician, nurse practitioner or physician assistant believes such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05458-01-9
S. 477 2
immunization or immunizations may be detrimental to the person's health or is otherwise [medically] contraindicated for health reasons, the physician's, nurse practitioner's or physician assistant's determination shall prevail and the requirements of this section shall be inapplicable until the person's physician, nurse practitioner or physician assistant finds such immunization or immunizations is [found] or are no longer [to be] detrimental to such person's health or is or are no longer [medically] contraindicated for health reasons.
§ 4. This act shall take effect immediately.
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 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 immuni- zation 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 practi- tioner 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
2013-2014: S6443 2015-2016: S378A
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.