This text of New York § 2165 (Immunization of certain post-secondary students) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 2165. Immunization of certain post-secondary students.
1.As used in\nthis section, unless the context requires otherwise:\n a. The term "institution" means a college as defined in section two of\nthe education law.\n b. The term "student" means any person born on or after January first,\nnineteen hundred fifty-seven, who is registered to attend or attends\nclasses at an institution, whether full-time or part-time. "Part-time\nstudent" shall mean a student who is enrolled for at least six but less\nthan twelve semester hours, or the equivalent per semester or at least\nfour but less than eight semester hours per quarter at an institution.\n c. The term "health practitioner" means any person authorized by law\nto administer an immunization.\n d. The term "immunization" means an adeq
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§ 2165. Immunization of certain post-secondary students. 1. As used in\nthis section, unless the context requires otherwise:\n a. The term "institution" means a college as defined in section two of\nthe education law.\n b. The term "student" means any person born on or after January first,\nnineteen hundred fifty-seven, who is registered to attend or attends\nclasses at an institution, whether full-time or part-time. "Part-time\nstudent" shall mean a student who is enrolled for at least six but less\nthan twelve semester hours, or the equivalent per semester or at least\nfour but less than eight semester hours per quarter at an institution.\n c. The term "health practitioner" means any person authorized by law\nto administer an immunization.\n d. The term "immunization" means an adequate dose or doses of an\nimmunizing agent against measles, mumps and rubella which meets the\nstandards approved by the United States public health service for such\nbiological products, and which is approved by the state department of\nhealth under such conditions as may be specified by the public health\ncouncil.\n 2. Each student at an institution shall provide to the institution a\ncertificate from a health practitioner or other acceptable evidence of\nsuch student's immunization, unless such student presents a certificate\nunder subdivision eight of this section or is exempt under subdivision\neight-a or nine of this section. Upon compliance, no student shall be\ndenied attendance at an institution because of the requirements of this\nsection.\n 3. A student who has not complied with subdivision two of this section\nshall present himself or herself to a health practitioner and request\nsuch practitioner to administer such immunization.\n 4. If any person is unable to pay for the services of a private health\npractitioner, such person shall present himself or herself to the health\nofficer of the county in which such person resides, or the county in\nwhich the institution is located who shall then administer the\nimmunization without charge.\n 5. The health practitioner who administers such immunization to any\nsuch person shall give a certificate of such immunization to such\nperson.\n 6. In the event that a student registers at an institution and has not\ncomplied with subdivision two of this section, the institution shall\ninform such student of the necessity to be immunized, that such\nimmunization may be administered by any health practitioner, or that the\nstudent may be immunized without charge by the health officer in the\ncounty where the student resides or in which the institution is located.\nIn the event that such student does not comply with this section, he or\nshe shall be given notice that attendance at the institution requires\nimmunization unless a valid reason is provided by such student pursuant\nto subdivision eight or nine of this section.\n 7. No institution shall permit any student to attend such institution\nin excess of thirty days without complying with subdivision two of this\nsection. However, such thirty day period may be extended to not more\nthan forty-five days for a student where such student is from\nout-of-state or from another country and can show a good faith effort to\ncomply with subdivision two of this section.\n 8. If any licensed physician or nurse practitioner certifies that such\nimmunization may be detrimental to the person's health or is otherwise\nmedically contraindicated, the requirements of this section shall be\ninapplicable until such immunization is found no longer to be\ndetrimental to such person's health or is no longer medically\ncontraindicated.\n 8-a. Proof of discharge from the armed services within ten years from\nthe date of application to an institution shall qualify as a certificate\nenabling a student to attend the institution pending actual receipt of\nimmunization records from the armed services. If while awaiting the\nreceipt of actual immunization records a health risk shall arise at an\ninstitution, a student presenting a certificate under the terms of this\nsubdivision shall be removed from the institution if proper immunization\ncannot be proved or otherwise rectified.\n 9. This section shall not apply to a person who holds genuine and\nsincere religious beliefs which are contrary to the practices herein\nrequired, and no certificate shall be required as a prerequisite to such\nperson being admitted or received into or attending an institution.\n 10. The institution shall provide annually to the commissioner, on\nforms provided by the commissioner, a summary regarding compliance with\nthis section.\n 11. The commissioner may adopt and amend rules and regulations to\neffectuate the provisions and purposes of this section.\n 13. a. Prior to August first, nineteen hundred ninety-one, this\nsection shall not apply to (i) part-time students or (ii) any student\nwho attended the institution he or she is attending prior to August\nfirst, nineteen hundred eighty-nine.\n b. Prior to August first, nineteen hundred ninety-one, the thirty and\nforty-five day periods referred to in subdivision seven of this section\nshall be deemed to be sixty and ninety days, respectively.\n