Bill Text: NJ S1571 | 2010-2011 | Regular Session | Introduced
Bill Title: Provides for philosophical exemption to mandatory immunizations.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-03-04 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S1571 Detail]
Download: New_Jersey-2010-S1571-Introduced.html
Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Mercer)
Senator MICHAEL J. DOHERTY
District 23 (Warren and Hunterdon)
SYNOPSIS
Provides for philosophical exemption to mandatory immunizations.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning immunization requirements and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Commissioner" means the Commissioner of Health and Senior Services.
"Mandatory immunization" means any vaccination required by the State as a condition for attendance at a public or private institution of higher education, public or private school, kindergarten, nursery school, preschool or child care facility in New Jersey.
"Philosophical exemption" means an exemption from a mandatory immunization on the grounds of a personal, philosophical or moral objection to the immunization.
"School" means any public or private institution of higher education, public or private school, kindergarten, nursery school, preschool or child care facility in New Jersey.
"Student" means any person attending a public or private institution of higher education, public or private school, kindergarten, nursery school, preschool or child care facility in New Jersey.
2. A student shall be granted a philosophical exemption from a mandatory immunization if the student, or if the student is a minor, the student's parent or legal guardian, submits a notarized and signed written statement to an official at the student's school as provided in this section. The statement shall explain how a specific immunization conflicts with a personal, philosophical or moral belief held by the student or the student's parent or legal guardian. The statement shall also explain that the student, or parent or legal guardian, understands the potential benefits of immunization and the risks in not immunizing. The statement shall be kept by the student's school as part of the student's immunization record.
3. a. Any student with a philosophical exemption from a mandatory immunization may be excluded from school during a vaccine-preventable disease outbreak or threatened outbreak as determined by the commissioner.
b. Pursuant to the provisions of R.S.26:4-6, a school official may prohibit the attendance of any student who has been granted a philosophical exemption and is under a school official's control, on account of a communicable disease, or to prevent the spread of a communicable disease. The school official may also specify the duration of time the student with a philosophical exemption must remain away from school.
c. A philosophical exemption from a mandatory immunization may be suspended at any time by the commissioner during the existence of an emergency, as determined by the commissioner.
4. The commissioner shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations to effectuate the purposes of this act.
5. This act shall take effect on the 180th day following enactment, but the commissioner may take such anticipatory administrative action in advance as shall be necessary for the implementation of the act.
STATEMENT
This bill provides for philosophical exemptions from mandatory immunizations.
Under current law, the State requires certain immunizations for students as a condition for attending public or private institutions of higher education, public or private schools, kindergartens, nursery schools, preschools and child care facilities in New Jersey.
While provisions in the New Jersey Administrative Code grant students medical and religious exemptions from immunizations, currently no law permits philosophical exemptions. Accordingly, this bill would grant a philosophical exemption from a mandatory immunization to any person attending a public or private institution of higher education, public or private school, kindergarten, nursery school, preschool or child care facility in New Jersey.
The bill provides that a student seeking a philosophical exemption shall submit a notarized, written statement to his school signed by the student, or if the student is a minor, by the student's parent or legal guardian. The statement shall explain how a specific immunization conflicts with a personal, philosophical or moral belief held by the student or the student's parent or legal guardian. The student's school shall grant the exemption and keep the statement on file as part of the student's immunization record.
A student with a philosophical exemption shall not be permitted to attend school during a disease outbreak or threatened outbreak, as determined by the Commissioner of Health and Senior Services. A philosophical exemption may also be suspended at any time by the commissioner in an emergency. Further, pursuant to N.J.S.A.26:4-6, a school official, taking into consideration the spread of a communicable disease, may prohibit the attendance of a student with a philosophical exemption and specify the amount of time the student must remain away from the school.
