2023 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.