Section 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 which meets the
  standards approved by the United States public health service  for  such
  biological  products,  and  which is approved by the state department of
  health under such conditions as may be specified by  the  public  health
  council.
    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 honorable 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.
    12.  The  commissioner  shall  report annually to the governor and the
  legislature concerning the immunization of all students pursuant to 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.