New York S 266: Limits the application of the "safe act" to the counties of Kings, Queens, Richmond, New York and Bronx; repealer

Bill Text

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S00266 Summary:

BILL NOS00266 

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SAME ASSAME AS A01358

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SPONSORGALLIVAN

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COSPNSRASHBY, BORRELLO, CHAN, MATTERA, MURRAY, OBERACKER, O'MARA, PALUMBO, RHOADS, TEDISCO, WEBER, WEIK

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MLTSPNSR

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Amd §§2164 & 2168, Pub Health L

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Provides a religious exemption from vaccination requirements for school attendance.

Go to top S00266 Actions:

BILL NOS00266 

&nbsp

01/08/2025REFERRED TO HEALTH

01/07/2026REFERRED TO HEALTH

Go to topS00266 Committee&nbspVotes:

Go to topS00266 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00266 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 266

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. GALLIVAN, ASHBY, BORRELLO, MATTERA, MURRAY, OBERACK-
 ER, RHOADS, WEIK -- 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 an exemption from
 certain vaccination requirements for school attendance based upon
 religious beliefs

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

 1 Section 1. Section 2164 of the public health law is amended by adding
 2 a new subdivision 9 to read as follows:
 3 9. This section shall not apply to children whose parent, parents, or
 4 guardian hold genuine and sincere religious beliefs which are contrary
 5 to the practices herein required, and no certificate shall be required
 6 as a prerequisite to such children being admitted or received into
 7 school or attending school.
 8 § 2. Subdivision 6 of section 2164 of the public health law, as
 9 amended by chapter 35 of the laws of 2019, is amended to read as
 10 follows:
 11 6. In the event that a person in parental relation to a child makes
 12 application for admission of such child to a school or has a child
 13 attending school and there exists no certificate or other acceptable
 14 evidence of the child's immunization against poliomyelitis, mumps,
 15 measles, diphtheria, rubella, varicella, hepatitis B, pertussis, teta-
 16 nus, and, where applicable, Haemophilus influenzae type b (Hib), menin-
 17 gococcal disease, and pneumococcal disease, the principal, teacher,
 18 owner or person in charge of the school shall inform such person of the
 19 necessity to have the child immunized, that such immunization may be
 20 administered by any health practitioner, or that the child may be immun-
 21 ized without charge by the health officer in the county where the child
 22 resides, if such person executes a consent therefor. In the event that

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01136-01-5

 S. 266 2

 1 such person does not wish to select a health practitioner to administer
 2 the immunization, [he or she] such person shall be provided with a form
 3 which shall give notice that as a prerequisite to processing the appli-
 4 cation for admission to, or for continued attendance at, the school such
 5 person shall state a valid reason for withholding consent or consent
 6 shall be given for immunization to be administered by a health officer
 7 in the public employ, or by a school physician or nurse. The form shall
 8 provide for the execution of a consent by such person and it shall also
 9 state that such person need not execute such consent if subdivision
 10 eight or nine of this section applies to such child.
 11 § 3. Paragraph (f) of subdivision 5 of section 2168 of the public
 12 health law, as amended by chapter 35 of the laws of 2019, is amended to
 13 read as follows:
 14 (f) The immunization status of children exempt from immunizations
 15 pursuant to subdivision eight of section twenty-one hundred sixty-four
 16 of this title and a parent claiming exemption pursuant to subdivision
 17 nine of section twenty-one hundred sixty-four of this title shall be
 18 reported by the health care provider.
 19 § 4. This act shall take effect immediately.

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