NY Pub Health L § 2164 (2021)
2021 New York Laws PBH - Public Health Article 21 - Control of Acute Communicable Diseases Title 6 - Poliomyelitis and Other Diseases 2164 - Definitions; Immunization Against Poliomyelitis, Mumps, Measles, Diphtheria, Rubella, Varicella, Haemophilus Influenzae Type B (Hib), Pertussis, Tetanus, Pneumococcal Disease, Meningococcal Disease, and Hepatitis B.

§   2164.  Definitions;  immunization  against  poliomyelitis,  mumps, measles, diphtheria, rubella, varicella, Haemophilus influenzae  type  b (Hib),  pertussis, tetanus, pneumococcal disease, meningococcal 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.   c. Every person in parental relation to a child in this state entering or having entered seventh grade and twelfth grade or  a  comparable  age level  special  education  program  with an unassigned grade on or after September first, two thousand sixteen, shall have administered  to  such child   an   adequate   dose  or  doses  of  immunizing  agents  against meningococcal disease  as  recommended  by  the  advisory  committee  on immunization   practices   of   the  centers  for  disease  control  and prevention, 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 and planning 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,  meningococcal  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, meningococcal 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), meningococcal disease, 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 of this section applies 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),  meningococcal disease,  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),  meningococcal   disease,   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.   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.