N.Y. Public Health Law § 2165: Immunization of certain post-secondary students

§ 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 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.

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 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.

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.