Section 2164. Definitions; immunization against poliomyelitis, mumps, measles, diphtheria, rubella, varicella, Haemophilus influenzae type b (Hib), pertussis, tetanus, pneumococcal 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.
    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, 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,  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)  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  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) 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)  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.
    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.