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EDUCATION LAW
TITLE 1. GENERAL PROVISIONS
ARTICLE 19. MEDICAL AND HEALTH SERVICE
NY CLS Educ § 914 (2007)
§ 914. Immunization of children.
1. Each school shall require of every
child entering or attending such school proof of immunization in
accordance with the provisions of section twenty-one hundred sixty-four
of the public health law.
2. Each school district shall assist and cooperate
with the municipality in the development of a plan required by section
six hundred thirteen of the public health law.
3. Each school district shall participate in
the surveys directed by the state commissioner of health pursuant
to section six hundred thirteen of the public health law of the
immunization level of the children entering and attending school
within such district, and which shall be subject to audit by the
state commissioner of health. Each school and school district shall
provide the state commissioner of health with any records and reports
required for the purpose of such audit. In no event shall the state
commissioner of health disclose a student's identity.
PUBLIC HEALTH LAW
ARTICLE 21. CONTROL OF ACUTE COMMUNICABLE DISEASES
TITLE VI. POLIOMYELITIS AND OTHER DISEASES
NY CLS Pub Health § 2164 (2007)
§ 2164. Definitions; immunization
against poliomyelitis, mumps, measles, diphtheria, rubella, varicella,
Haemophilus influenzae type b(Hib), pertussis, tetanus, pneumococcal
disease, and hepatitis B.
1. As used in this section, unless the context
requires otherwise:
a. The term "school" means and includes
any public, private or parochial child caring center, day nursery,
day care agency, nursery school, kindergarten, elementary, intermediate
or secondary school.
b. The term "child" shall mean and include any person
between the ages of two months and eighteen years.
c. The term "person in parental relation to a child"
shall mean and include his father or mother, by birth or adoption,
his legally appointed guardian, or his custodian. A person shall
be regarded as the custodian of a child if he has assumed the
charge and care of the child because the parents or legally appointed
guardian of the minor have died, are imprisoned, are mentally
ill, or have been committed to an institution, or because they
have abandoned or deserted such child or are living outside the
state or their whereabouts are unknown, or have designated the
person pursuant to title fifteen-A of article five of the general
obligations law as a person in parental relation to the child.
d. The term "health practitioner" shall mean any person
authorized by law to administer an immunization.
2.
a. Every person in parental relation to a child
in this state shall have administered to such child an adequate
dose or doses of an immunizing agent against poliomyelitis, mumps,
measles, diphtheria, rubella, varicella, Haemophilus influenzae
type b (Hib), pertussis, tetanus, pneumococcal disease, and hepatitis
B, which meets the standards approved by the United States public
health service for such biological products, and which is approved
by the department under such conditions as may be specified by
the public health council.
b. Every person in parental relation to a child in this state
born on or after January first, nineteen hundred ninety-four and
entering sixth grade or a comparable age level special education
program with an unassigned grade on or after September first,
two thousand seven, shall have administered to such child a booster
immunization containing diphtheria and tetanus toxoids, and an
acellular pertussis vaccine, which meets the standards approved
by the United States public health service for such biological
products, and which is approved by the department under such conditions
as may be specified by the public health council.
3. The person in parental relation to any such
child who has not previously received such immunization shall present
the child to a health practitioner and request such health practitioner
to administer the necessary immunization against poliomyelitis,
mumps, measles, diphtheria, Haemophilus influenzae type b (Hib),
rubella, varicella, pertussis, tetanus, pneumococcal disease, and
hepatitis B as provided in subdivision two of this section.
4. If any person in parental relation to such
child is unable to pay for the services of a private health practitioner,
such person shall present such child to the health officer of the
county in which the child resides, who shall then administer the
immunizing agent without charge.
5. The health practitioner who administers such
immunizing agent against poliomyelitis, mumps, measles, diphtheria,
Haemophilus influenzae type b (Hib), rubella, varicella, pertussis,
tetanus, pneumococcal disease, and hepatitis B to any such child
shall give a certificate of such immunization to the person in parental
relation to such child.
6. In the event that a person in parental relation
to a child makes application for admission of such child to a school
or has a child attending school and there exists no certificate
or other acceptable evidence of the child's immunization against
poliomyelitis, mumps, measles, diphtheria, rubella, varicella, hepatitis
B, pertussis, tetanus, and, where applicable, Haemophilus influenzae
type b (Hib) and pneumococcal disease, the principal, teacher, owner
or person in charge of the school shall inform such person of the
necessity to have the child immunized, that such immunization may
be administered by any health practitioner, or that the child may
be immunized without charge by the health officer in the county
where the child resides, if such person executes a consent therefor.
In the event that such person does not wish to select a health practitioner
to administer the immunization, he or she shall be provided with
a form which shall give notice that as a prerequisite to processing
the application for admission to, or for continued attendance at,
the school such person shall state a valid reason for withholding
consent or consent shall be given for immunization to be administered
by a health officer in the public employ, or by a school physician
or nurse. The form shall provide for the execution of a consent
by such person and it shall also state that such person need not
execute such consent if subdivision eight or nine of this section
apply to such child.
7.
(a) No principal, teacher, owner or person
in charge of a school shall permit any child to be admitted to
such school, or to attend such school, in excess of fourteen days,
without the certificate provided for in subdivision five of this
section or some other acceptable evidence of the child's immunization
against poliomyelitis, mumps, measles, diphtheria, rubella, varicella,
hepatitis B, pertussis, tetanus, and, where applicable, Haemophilus
influenzae type b (Hib) and pneumococcal disease; provided, however,
such fourteen day period may be extended to not more than thirty
days for an individual student by the appropriate principal, teacher,
owner or other person in charge where such student is transferring
from out-of-state or from another country and can show a good
faith effort to get the necessary certification or other evidence
of immunization.
(b) A parent, a guardian or any other person in parental relationship
to a child denied school entrance or attendance may appeal by
petition to the commissioner of education in accordance with the
provisions of section three hundred ten of the education law.
8. If any physician licensed to practice medicine
in this state certifies that such immunization may be detrimental
to a child's health, the requirements of this section shall be inapplicable
until such immunization is found no longer to be detrimental to
the child's health.
8-a. Whenever a child has been refused admission
to, or continued attendance at, a school as provided for in subdivision
seven of this section because there exists no certificate provided
for in subdivision five of this section or other acceptable evidence
of the child's immunization against poliomyelitis, mumps, measles,
diphtheria, rubella, varicella, hepatitis B, pertussis, tetanus,
and, where applicable, Haemophilus influenzae type b (Hib) and pneumococcal
disease, the principal, teacher, owner or person in charge of the
school shall: a. forward a report of such exclusion and the name
and address of such child to the local health authority and to the
person in parental relation to the child together with a notification
of the responsibility of such person under subdivision two of this
section and a form of consent as prescribed by regulation of the
commissioner, and
b. provide, with the cooperation of the appropriate
local health authority, for a time and place at which an immunizing
agent or agents shall be administered, as required by subdivision
two of this section, to a child for whom a consent has been obtained.
Upon failure of a local health authority to cooperate in arranging
for a time and place at which an immunizing agent or agents shall
be administered as required by subdivision two of this section,
the commissioner shall arrange for such administration and may recover
the cost thereof from the amount of state aid to which the local
health authority would otherwise be entitled.
9. This section shall not apply to children whose
parent, parents, or guardian hold genuine and sincere religious
beliefs which are contrary to the practices herein required, and
no certificate shall be required as a prerequisite to such children
being admitted or received into school or attending school.
10. The commissioner may adopt and amend rules
and regulations to effectuate the provisions and purposes of this
section.
11. Every school shall annually provide the commissioner,
on forms provided by the commissioner, a summary regarding compliance
with the provisions of this section.
NY CLS Pub Health § 2165 (2007)
§ 2165. Immunization of certain
post-secondary students.
1. As used in this section, unless the context
requires otherwise:
a. The term "institution" means
a college as defined in section two of the education law.
b. The term "student" means any person born on or after
January first, nineteen hundred fifty-seven, who is registered
to attend or attends classes at an institution, whether full-time
or part-time. "Part-time student" shall mean a student
who is enrolled for at least six but less than twelve semester
hours, or the equivalent per semester or at least four but less
than eight semester hours per quarter at an institution.
c. The term "health practitioner" means any person authorized
by law to administer an immunization.
d. The term "immunization" means an adequate dose or
doses of an immunizing agent against measles, mumps and rubella
which meets the standards approved by the United States public
health service for such biological products, and which is approved
by the state department of health under such conditions as may
be specified by the public health council.
2. Each student at an institution shall provide
to the institution a certificate from a health practitioner or other
acceptable evidence of such student's immunization, unless such
student presents a certificate under subdivision eight of this section
or is exempt under subdivision eight-a or nine of this section.
Upon compliance, no student shall be denied attendance at an institution
because of the requirements of this section.
3. A student who has not complied with subdivision
two of this section shall present himself or herself to a health
practitioner and request such practitioner to administer such immunization.
4. If any person is unable to pay for the services
of a private health practitioner, such person shall present himself
or herself to the health officer of the county in which such person
resides, or the county in which the institution is located who shall
then administer the immunization without charge.
5. The health practitioner who administers such
immunization to any such person shall give a certificate of such
immunization to such person.
6. In the event that a student registers at
an institution and has not complied with subdivision two of this
section, the institution shall inform such student of the necessity
to be immunized, that such immunization may be administered by any
health practitioner, or that the student may be immunized without
charge by the health officer in the county where the student resides
or in which the institution is located. In the event that such student
does not comply with this section, he or she shall be given notice
that attendance at the institution requires immunization unless
a valid reason is provided by such student pursuant to subdivision
eight or nine of this section.
7. No institution shall permit any student to
attend such institution in excess of thirty days without complying
with subdivision two of this section. However, such thirty day period
may be extended to not more than forty-five days for a student where
such student is from out-of-state or from another country and can
show a good faith effort to comply with subdivision two of this
section.
8. If any licensed physician or nurse practitioner
certifies that such immunization may be detrimental to the person's
health or is otherwise medically contraindicated, the requirements
of this section shall be inapplicable until such immunization is
found no longer to be detrimental to such person's health or is
no longer medically contraindicated.
8-a. Proof of honorable discharge from the armed
services within ten years from the date of application to an institution
shall qualify as a certificate enabling a student to attend the
institution pending actual receipt of immunization records from
the armed services. If while awaiting the receipt of actual immunization
records a health risk shall arise at an institution, a student presenting
a certificate under the
terms of this subdivision shall be removed from the institution
if proper immunization cannot be proved or otherwise rectified.
9. This section shall not apply to a person
who holds genuine and sincere religious beliefs which are contrary
to the practices herein required, and no certificate shall be required
as a prerequisite to such person being admitted or received into
or attending an institution.
10. The institution shall provide annually to
the commissioner, on forms provided by the commissioner, a summary
regarding compliance with this section.
11. The commissioner may adopt and amend rules
and regulations to effectuate the provisions and purposes of this
section.
12. The commissioner shall report annually to
the governor and the legislature concerning the immunization of
all students pursuant to this section.
13.
a. Prior to August first, nineteen hundred
ninety-one, this section shall not apply to (i) part-time students
or (ii) any student who attended the institution he or she is
attending prior to August first, nineteen hundred eighty-nine.
b. Prior to August first, nineteen hundred ninety-one, the thirty
and forty-five day periods referred to in subdivision seven of
this section shall be deemed to be sixty and ninety days, respectively.
NY CLS Pub Health § 2167(2007)
§ 2167. Immunization against meningococcal
meningitis.
1. As used in this section, unless the context
requires otherwise:
a. The term "student" means a person
attending an institution and, in the case of a student attending
college, "student" means a person who is registered
to attend or who attends classes at an institution, who is enrolled
for at least six semester hours or the equivalent per semester,
or at least four semester hours per quarter.
b. The term "institution" means an academy or college,
as defined in section two of the education law, or a children's
overnight camp as defined in section one thousand three hundred
ninety-two of this chapter, where the person attending such camp
remains overnight for a period of not fewer than seven days.
c. The term "immunization" means an adequate dose or
doses of an immunizing agent against meningococcal meningitis
which meets the standards approved by the United States public
health service for such biological products and which is approved
by the department under such conditions as may be specified by
the public health council.
2. Each institution shall distribute, in a form
provided or approved by the commissioner, written information about
meningococcal meningitis and meningitis immunization to all students.
The information provided by the institution shall include, but not
be limited to, the following:
a. a description of the disease and means
of transmission;
b. the benefits, risks, and effectiveness of immunization;
c. the availability and cost of immunization, including an indication
of whether or not the institution offers meningococcal meningitis
immunization services.
3. Each institution shall also distribute, in
a form provided or approved by the commissioner of health, a response
form, to be completed by the student or, where the student is under
the age of eighteen years, such student's parent or guardian, which
shall include the following:
a. The student, or if under the age of eighteen
years the parent or guardian of the student, certifies that the
student has already received immunization against meningococcal
meningitis within the ten years preceding the date of the response
form;
b. The student, or if under the age of eighteen years the parent
or guardian of such student, has received and reviewed the information
provided by the institution, understands the risks of meningococcal
meningitis and the benefits of immunization, and has decided that
the student shall not obtain immunization against meningococcal
meningitis. The student, or if under the age of eighteen years
the parent or guardian of such student, shall indicate his or
her decision in a box or space placed appropriately on the form
and shall return the completed form to the institution. Nothing
in this subdivision shall be construed to prohibit an institution
from incorporating the form required by this subdivision into
another health certificate or form required by the institution.
4. Each institution shall maintain completed
response forms.
5. No institution shall permit any student to
attend the institution in excess of thirty days without complying
with this section; provided, however, that such thirty day period
may be extended to not more than sixty days if a student can show
a good faith effort to comply with this section.
6. Nothing in this section shall be construed
to prohibit institutions from adopting or maintaining more stringent
policies regarding immunization against meningococcal meningitis.
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