N.Y. Public Health Law § 2164: Definitions; immunization against poliomyelitis, mumps, measles, diphtheria, rubella, varicella, Haemophilus influenzae type b (Hib), per...

§ 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, in accordance with

regulations issued by the commissioner, utilizing generally accepted

medical standards and taking into consideration recommendations of the

American Academy of Pediatrics, the American Academy of Family

Physicians, the American College of Obstetricians and Gynecologists, the

American College of Physicians, the Advisory Committee on Immunization

Practices, and/or other similar nationally or internationally recognized

scientific organizations.

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, in

accordance with regulations issued by the commissioner, utilizing

generally accepted medical standards and taking into consideration

recommendations of the American Academy of Pediatrics, the American

Academy of Family Physicians, the American College of Obstetricians and

Gynecologists, the American College of Physicians, the Advisory

Committee on Immunization Practices, and/or other similar nationally or

internationally recognized scientific organizations.

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 in accordance with regulations issued by the

commissioner, utilizing generally accepted medical standards and taking

into consideration recommendations of the American Academy of

Pediatrics, the American Academy of Family Physicians, the American

College of Obstetricians and Gynecologists, the American College of

Physicians, the Advisory Committee on Immunization Practices, and/or

other similar nationally or internationally recognized scientific

organizations.

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.