Bill Text: NY S00285 | 2025-2026 | General Assembly | Introduced

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Bill Title: Prohibits administrative agencies from administering or requiring the COVID-19 immunization unless authorized by the legislature.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2025-01-08 - REFERRED TO HEALTH [S00285 Detail]

Download: New_York-2025-S00285-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           285

                               2025-2026 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by Sens. RHOADS, BORRELLO -- read twice and ordered printed,
          and when printed to be committed to the Committee on Health

        AN ACT to amend the public health law, in relation to the administration
          of the novel coronavirus/COVID-19 immunization

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  public health law is amended by adding a new section
     2  2184 to read as follows:
     3    § 2184. Novel coronavirus/COVID-19; immunization. 1.  No  immunization
     4  used for the purposes of inducing immunity against COVID-19 in humans in
     5  this  state shall be made a mandatory immunization issued by an adminis-
     6  trative agency. No person shall be required to receive such immunization
     7  unless mandated by the legislature.
     8    2. No child under the age of eighteen shall  be  required  to  receive
     9  such  immunization  against  COVID-19  unless  a  person  in  a parental
    10  relation to such child requests and consents to have the child immunized
    11  or unless required by the legislature. For the purpose of this  subdivi-
    12  sion  the  term  "person in parental relation to a child" shall have the
    13  same meaning as set forth in section twenty-one  hundred  sixty-four  of
    14  this  article. Prior to administering the immunization every health care
    15  provider or practitioner shall provide a list of  ingredients  contained
    16  in  the  immunization as provided by the manufacturer product insert and
    17  all potential side effects as indicated by industry studies.
    18    3. No incapacitated person shall be required to receive such immuniza-
    19  tion against COVID-19 unless a person who is the legal guardian of  such
    20  incapacitated  person chooses to have the incapacitated person immunized
    21  or required by law duly enacted by the legislature. For the purposes  of
    22  this  subdivision:  (a)  the  term "incapacitated person" shall mean any
    23  person over the age of eighteen who is unable  to  make  or  communicate
    24  decisions affecting their physical health, safety, or self-care; and (b)

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01044-01-5
        S. 285                              2

     1  the  term "legal guardian" shall mean and include any person who is over
     2  the age of eighteen and designated by an incapacitated person  prior  to
     3  incapacitation  as their legal guardian or a person legally appointed by
     4  a court as guardian of such incapacitated person.
     5    4.  Unless required by the legislature, no administrative agency shall
     6  require immunization against COVID-19 for:
     7    (a) attendance by students or employment of teachers and staff at  any
     8  public or private educational institution, school or day care facility;
     9    (b)  travel  to  or from any location, including other states or coun-
    10  tries;
    11    (c) receipt of any government services;
    12    (d) entrance into public buildings;
    13    (e) employment or continued employment in any business or not-for-pro-
    14  fit organization; or
    15    (f) use of public transportation.
    16    6. No nursing home, state-sponsored group home for adults or  children
    17  or any other group home shall require immunization against COVID-19 as a
    18  condition of residency unless required by the legislature.
    19    7.  No  person shall be required to have, carry or present evidence of
    20  having received immunization against COVID-19  unless  required  by  the
    21  legislature.
    22    § 2. Paragraph a of subdivision 1 of section 2164 of the public health
    23  law,  as  amended by chapter 401 of the laws of 2015, is amended to read
    24  as follows:
    25    a. The term "school" means and includes any public, [private or  paro-
    26  chial  child  caring  center,  day  nursery,  day  care  agency, nursery
    27  school,] pre-kindergarten,  kindergarten,  elementary,  intermediate  or
    28  secondary school.
    29    § 3. This act shall take effect immediately.