BILL NUMBER: S3958
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the public health law and the general business law, in
relation to requiring children enrolled in an overnight, children's
non-regulated, summer day, or travelling camp to be vaccinated
 
PURPOSE:
This bill would require all children and staff overnight, on summer
days, traveling on summer days, or at children's non-regulated camps to
be up to date on their vaccinations, excluding those with compromising
medical conditions.
 
SUMMARY OF PROVISIONS:
Section 1: Adds subdivisions 6-a and 6-b to § 1394 of the public health
law. Subdivision 6-a states that each children's overnight, summer day,
and traveling summer day camp shall ensure that every child enrolled at
such camp has been administered an adequate dose or doses of an immuniz-
ing agent against poliomyelitis, mumps, measles, diphtheria, rubella,
varicella, Haemophilus influenzae type b (Rib), pertussis, tetanus,
pneumococcal disease, and hepatitis B, which meets the standards
approved by the United States public health service for such biological
products. Suppose any health care practitioner, as defined in section
twenty-one hundred sixty-four of this chapter, certifies that such
immunization may be detrimental to a child's health. In that case, the
requirements of this subdivision shall be inapplicable until such immun-
ization is found no longer to be detrimental to such child's health.
Subdivision 6-b imposes the same requirements on the staff of such
camps. Each staff member is required to provide the camp operator with
their immunization certificates.
Section 2: Adds subdivisions 4 and 5 to § 398-f of the general business
law. Subdivision 4 provides that each children's non-regulated camp
shall ensure that every child enrolled at such camp has been adminis-
tered an adequate dose or doses of an immunizing agent against poliom-
yelitis, mumps, measles, diphtheria, rubella, varicella, Haemophilus
influenzae type b (Rib), pertussis, tetanus, pneumococcal disease, and
hepatitis B, which meets the standards approved by the United States
public health service for such biological products. Suppose any health
care practitioner, as defined in section twenty-one hundred sixty-four
of this chapter, certifies that such immunization may be detrimental to
a child's health. In that case, the requirements of this subdivision
shall be inapplicable until such immunization is found no longer to be
detrimental to such child's health. The commissioner of health is
entrusted with the task of formulating rules and regulations. Subdivi-
sion 5 imposes the exact requirements on the staff of such camps. Each
staff member is required to provide the camp operator with their immuni-
zation certificates.
Section 3: Amends subdivision 2 of section 398-f of the general business
law amending the notice provided to the parent or guardian of a child
seeking enrollment in a non-regulated camp, which includes information
stating that the camp is not required to follow Department of Health
regulations to information stating that the camp is not required to
follow department of health regulations regarding maintaining minimum
staff-to-child ratios, hiring medical personnel, or reporting injuries
or illnesses to the department of health.
Section 4: Amends subdivision 2 of section 398-f of the general business
law, making conforming changes.
Section 5: Sets effective date.
 
JUSTIFICATION:
The New York State Department of Health code requires many camps to
maintain immunization records for all campers, which local health
departments regularly review. However, there are no vaccination require-
ments for admission to camp. Currently, individual camps must decide if
any vaccines are required and what those vaccines would be specifically.
Camps bring together children and adults from various regions. They
often spend significant time together in close quarters, increasing the
risk of disease transmission. Vaccinations reduce this risk by prevent-
ing outbreaks of vaccine-preventable diseases like measles, mumps, and
whooping cough. This legislation would require vaccinations of children
and employees at New York State camps, except for children with a
medical exemption.
 
LEGISLATIVE HISTORY:
Senate
2019: S6279A, Amend and Recommit to Rules
2020: S6279A, Referred to Health
2021: S4249, Referred to Health
2022: S4249, Referred to Health
2023: S2726A, Referred to Health
2024: S2726A, Amend and Recommit to Health
Assembly
2019: No Assembly Same-As
2020: No Assembly Same-As
2021: A6961, Referred to Health
2022: A6961, Referred to Health
2023: A2186A, Referred to Health
2024: A2186A, Amend and Recommit to Health
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the first of October next succeeding the
date on which it shall have become a law; provided, however, that
section four of this act shall take effect on the same date and in the
same manner as section 4 of chapter 62 of the laws of 2024 takes effect.

Statutes affected:
S3958: 1394 public health law, 398-f general business law, 398-f(2) general business law