2006 New York Code - Definitions; Immunization Against Poliomyelitis, Mumps, Measles, Diphtheria, Rubella, Varicella, Haemophilus Influenzae Type B (hib), Pertussis, Tetan

 
    §   2164.  Definitions;  immunization  against  poliomyelitis,  mumps,
  measles, diphtheria, rubella, varicella, Haemophilus influenzae  type  b
  (Hib),  pertussis, tetanus, 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.  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,  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.
    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  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,  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), 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 or nine of this section apply 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);  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), 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.
    9. This section shall not apply to children whose parent, parents,  or
  guardian  hold  genuine and sincere religious beliefs which are contrary
  to the practices herein required, and no certificate shall  be  required
  as  a  prerequisite  to  such  children  being admitted or received into
  school or attending school.
    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.