N.Y. Public Health Law § 2167: Immunization against meningococcal meningitis

§ 2167. Immunization against meningococcal meningitis. 1. As used in

this section, unless the context requires otherwise:

a. The term "student" means a person attending an institution and, in

the case of a student attending college, "student" means a person who is

registered to attend or who attends classes at an institution, who is

enrolled for at least six semester hours or the equivalent per semester,

or at least four semester hours per quarter.

b. The term "institution" means an academy or college, as defined in

section two of the education law, or a children's overnight camp as

defined in section one thousand three hundred ninety-two of this

chapter, where the person attending such camp remains overnight for a

period of not fewer than seven days.

c. The term "immunization" means an adequate dose or doses of an

immunizing agent against meningococcal meningitis 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 institution shall distribute, in a form provided or approved

by the commissioner, written information about meningococcal meningitis

and meningitis immunization to all students. The information provided by

the institution shall include, but not be limited to, the following:

a. a description of the disease and means of transmission;

b. the benefits, risks, and effectiveness of immunization;

c. the availability and cost of immunization, including an indication

of whether or not the institution offers meningococcal meningitis

immunization services.

3. Each institution shall also distribute, in a form provided or

approved by the commissioner of health, a response form, to be completed

by the student or, where the student is under the age of eighteen years,

such student's parent or guardian, which shall include the following:

a. The student, or if under the age of eighteen years the parent or

guardian of the student, certifies that the student has already received

immunization against meningococcal meningitis within the ten years

preceding the date of the response form;

b. The student, or if under the age of eighteen years the parent or

guardian of such student, has received and reviewed the information

provided by the institution, understands the risks of meningococcal

meningitis and the benefits of immunization, and has decided that the

student shall not obtain immunization against meningococcal meningitis.

The student, or if under the age of eighteen years the parent or

guardian of such student, shall indicate his or her decision in a box or

space placed appropriately on the form and shall return the completed

form to the institution. Nothing in this subdivision shall be construed

to prohibit an institution from incorporating the form required by this

subdivision into another health certificate or form required by the

institution.

4. Each institution shall maintain completed response forms.

5. No institution shall permit any student to attend the institution

in excess of thirty days without complying with this section; provided,

however, that such thirty day period may be extended to not more than

sixty days if a student can show a good faith effort to comply with this

section.

6. Nothing in this section shall be construed to prohibit institutions

from adopting or maintaining more stringent policies regarding

immunization against meningococcal meningitis.