§ 2167 — Immunization against meningococcal meningitis

§ 2167. Immunization against meningococcal meningitis. 1. As used in\nthis section, unless the context requires otherwise:\n a. The term "student" means a person attending an institution and, in\nthe case of a student attending college, "student" means a person who is\nregistered to attend or who attends classes at an institution, who is\nenrolled for at least six semester hours or the equivalent per semester,\nor at least four semester hours per quarter.\n b. The term "institution" means an academy or college, as defined in\nsection two of the education law, or a children's overnight camp as\ndefined in section one thousand three hundred ninety-two of this\nchapter, where the person attending such camp remains overnight for a\nperiod of not fewer than seven days.\n c. The term "immunization" means an adequate dose or doses of an\nimmunizing agent against meningococcal meningitis 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 2. Each institution shall distribute, in a form provided or approved\nby the commissioner, written information about meningococcal meningitis\nand meningitis immunization to all students. The information provided by\nthe institution shall include, but not be limited to, the following:\n a. a description of the disease and means of transmission;\n b. the benefits, risks, and effectiveness of immunization;\n c. the availability and cost of immunization, including an indication\nof whether or not the institution offers meningococcal meningitis\nimmunization services.\n 3. Each institution shall also distribute, in a form provided or\napproved by the commissioner of health, a response form, to be completed\nby the student or, where the student is under the age of eighteen years,\nsuch student's parent or guardian, which shall include the following:\n a. The student, or if under the age of eighteen years the parent or\nguardian of the student, certifies that the student has already received\nimmunization against meningococcal meningitis within the ten years\npreceding the date of the response form;\n b. The student, or if under the age of eighteen years the parent or\nguardian of such student, has received and reviewed the information\nprovided by the institution, understands the risks of meningococcal\nmeningitis and the benefits of immunization, and has decided that the\nstudent shall not obtain immunization against meningococcal meningitis.\n The student, or if under the age of eighteen years the parent or\nguardian of such student, shall indicate his or her decision in a box or\nspace placed appropriately on the form and shall return the completed\nform to the institution. Nothing in this subdivision shall be construed\nto prohibit an institution from incorporating the form required by this\nsubdivision into another health certificate or form required by the\ninstitution.\n 4. Each institution shall maintain completed response forms.\n 5. No institution shall permit any student to attend the institution\nin excess of thirty days without complying with this section; provided,\nhowever, that such thirty day period may be extended to not more than\nsixty days if a student can show a good faith effort to comply with this\nsection.\n 6. Nothing in this section shall be construed to prohibit institutions\nfrom adopting or maintaining more stringent policies regarding\nimmunization against meningococcal meningitis.\n