§ 2164. Definitions; immunization against poliomyelitis, mumps,\nmeasles, diphtheria, rubella, varicella, Haemophilus influenzae type b\n(Hib), pertussis, tetanus, pneumococcal disease, meningococcal disease,\nand hepatitis B. 1. As used in this section, unless the context requires\notherwise:\n a. The term "school" means and includes any public, private or\nparochial child caring center, day nursery, day care agency, nursery\nschool, kindergarten, elementary, intermediate or secondary school.\n b. The term "child" shall mean and include any person between the ages\nof two months and eighteen years.\n c. The term "person in parental relation to a child" shall mean and\ninclude his father or mother, by birth or adoption, his legally\nappointed guardian, or his custodian. A person shall be regarded as the\ncustodian of a child if he has assumed the charge and care of the child\nbecause the parents or legally appointed guardian of the minor have\ndied, are imprisoned, are mentally ill, or have been committed to an\ninstitution, or because they have abandoned or deserted such child or\nare living outside the state or their whereabouts are unknown, or have\ndesignated the person pursuant to title fifteen-A of article five of the\ngeneral obligations law as a person in parental relation to the child.\n d. The term "health practitioner" shall mean any person authorized by\nlaw to administer an immunization.\n 2. a. Every person in parental relation to a child in this state shall\nhave administered to such child an adequate dose or doses of an\nimmunizing agent against poliomyelitis, mumps, measles, diphtheria,\nrubella, varicella, Haemophilus influenzae type b (Hib), pertussis,\ntetanus, pneumococcal disease, and hepatitis B, which meets the\nstandards approved by the United States public health service for such\nbiological products, and which is approved by the department under such\nconditions as may be specified by the public health council.\n b. Every person in parental relation to a child in this state born on\nor after January first, nineteen hundred ninety-four and entering sixth\ngrade or a comparable age level special education program with an\nunassigned grade on or after September first, two thousand seven, shall\nhave administered to such child a booster immunization containing\ndiphtheria and tetanus toxoids, and an acellular pertussis vaccine,\nwhich meets the standards approved by the United States public health\nservice for such biological products, and which is approved by the\ndepartment under such conditions as may be specified by the public\nhealth council.\n c. Every person in parental relation to a child in this state entering\nor having entered seventh grade and twelfth grade or a comparable age\nlevel special education program with an unassigned grade on or after\nSeptember first, two thousand sixteen, shall have administered to such\nchild an adequate dose or doses of immunizing agents against\nmeningococcal disease as recommended by the advisory committee on\nimmunization practices of the centers for disease control and\nprevention, which meets the standards approved by the United States\npublic health service for such biological products, and which is\napproved by the department under such conditions as may be specified by\nthe public health and planning council.\n 3. The person in parental relation to any such child who has not\npreviously received such immunization shall present the child to a\nhealth practitioner and request such health practitioner to administer\nthe necessary immunization against poliomyelitis, mumps, measles,\ndiphtheria, Haemophilus influenzae type b (Hib), rubella, varicella,\npertussis, tetanus, pneumococcal disease, meningococcal disease, and\nhepatitis B as provided in subdivision two of this section.\n 4. If any person in parental relation to such child is unable to pay\nfor the services of a private health practitioner, such person shall\npresent such child to the health officer of the county in which the\nchild resides, who shall then administer the immunizing agent without\ncharge.\n 5. The health practitioner who administers such immunizing agent\nagainst poliomyelitis, mumps, measles, diphtheria, Haemophilus\ninfluenzae type b (Hib), rubella, varicella, pertussis, tetanus,\npneumococcal disease, meningococcal disease, and hepatitis B to any such\nchild shall give a certificate of such immunization to the person in\nparental relation to such child.\n 6. In the event that a person in parental relation to a child makes\napplication for admission of such child to a school or has a child\nattending school and there exists no certificate or other acceptable\nevidence of the child's immunization against poliomyelitis, mumps,\nmeasles, diphtheria, rubella, varicella, hepatitis B, pertussis,\ntetanus, and, where applicable, Haemophilus influenzae type b (Hib),\nmeningococcal disease, and pneumococcal disease, the principal, teacher,\nowner or person in charge of the school shall inform such person of the\nnecessity to have the child immunized, that such immunization may be\nadministered by any health practitioner, or that the child may be\nimmunized without charge by the health officer in the county where the\nchild resides, if such person executes a consent therefor. In the event\nthat such person does not wish to select a health practitioner to\nadminister the immunization, he or she shall be provided with a form\nwhich shall give notice that as a prerequisite to processing the\napplication for admission to, or for continued attendance at, the school\nsuch person shall state a valid reason for withholding consent or\nconsent shall be given for immunization to be administered by a health\nofficer in the public employ, or by a school physician or nurse. The\nform shall provide for the execution of a consent by such person and it\nshall also state that such person need not execute such consent if\nsubdivision eight of this section applies to such child.\n 7. (a) No principal, teacher, owner or person in charge of a school\nshall permit any child to be admitted to such school, or to attend such\nschool, in excess of fourteen days, without the certificate provided for\nin subdivision five of this section or some other acceptable evidence of\nthe child's immunization against poliomyelitis, mumps, measles,\ndiphtheria, rubella, varicella, hepatitis B, pertussis, tetanus, and,\nwhere applicable, Haemophilus influenzae type b (Hib), meningococcal\ndisease, and pneumococcal disease; provided, however, such fourteen day\nperiod may be extended to not more than thirty days for an individual\nstudent by the appropriate principal, teacher, owner or other person in\ncharge where such student is transferring from out-of-state or from\nanother country and can show a good faith effort to get the necessary\ncertification or other evidence of immunization.\n (b) A parent, a guardian or any other person in parental relationship\nto a child denied school entrance or attendance may appeal by petition\nto the commissioner of education in accordance with the provisions of\nsection three hundred ten of the education law.\n 8. If any physician licensed to practice medicine in this state\ncertifies that such immunization may be detrimental to a child's health,\nthe requirements of this section shall be inapplicable until such\nimmunization is found no longer to be detrimental to the child's health.\n 8-a. Whenever a child has been refused admission to, or continued\nattendance at, a school as provided for in subdivision seven of this\nsection because there exists no certificate provided for in subdivision\nfive of this section or other acceptable evidence of the child's\nimmunization against poliomyelitis, mumps, measles, diphtheria, rubella,\nvaricella, hepatitis B, pertussis, tetanus, and, where applicable,\nHaemophilus influenzae type b (Hib), meningococcal disease, and\npneumococcal disease, the principal, teacher, owner or person in charge\nof the school shall:\n a. forward a report of such exclusion and the name and address of such\nchild to the local health authority and to the person in parental\nrelation to the child together with a notification of the responsibility\nof such person under subdivision two of this section and a form of\nconsent as prescribed by regulation of the commissioner, and\n b. provide, with the cooperation of the appropriate local health\nauthority, for a time and place at which an immunizing agent or agents\nshall be administered, as required by subdivision two of this section,\nto a child for whom a consent has been obtained. Upon failure of a local\nhealth authority to cooperate in arranging for a time and place at which\nan immunizing agent or agents shall be administered as required by\nsubdivision two of this section, the commissioner shall arrange for such\nadministration and may recover the cost thereof from the amount of state\naid to which the local health authority would otherwise be entitled.\n 10. The commissioner may adopt and amend rules and regulations to\neffectuate the provisions and purposes of this section.\n 11. Every school shall annually provide the commissioner, on forms\nprovided by the commissioner, a summary regarding compliance with the\nprovisions of this section.\n