Section 2167. Immunization against meningococcal meningitis  


Latest version.
  • 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  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.
        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.