BILL NUMBER: S8723
SPONSOR: WEIK
 
TITLE OF BILL:
An act to amend the public health law and the education law, in relation
to enacting the "New York anti-mandate act"; and to repeal certain
provisions of the education law and the public health law relating ther-
eto
 
PURPOSE:
To protect individual medical autonomy by prohibiting state and private
entities from mandating medical interventions, including vaccines, as a
condition of employment, education, access to services, or entry into
public and private facilities. The bill also establishes a clear
enforcement and compliance framework to ensure that these protections
are implemented consistently, transparently, and subject to appropriate
procedural safeguards.
 
SUMMARY OF PROVISIONS:
Section 1 establishes the short title, the "New York anti-mandate act."
Section 2 amends the. Public Health Law by adding a new title IX, which
(1) defines relevant terms, and (2) prohibits state and local govern-
ments, business entities, schools, and ticket issuers from requiring,
conditioning benefits on, or discriminating based on the receipt of a
medical intervention. This section further outlines notice requirements,
sets forth employer exemptions, and authorizes enforcement by the attor-
ney general or district attorney, and establishes compliance and
enforcement mechanisms.
Section 3 amends subdivisions of Public Health Law § 2164 to remove
mandatory childhood vaccination requirements, replace them with parental
choice, and revise related procedures and forms.
Section 4 amends Public Health Law § 2164(7) to prohibit schools from
preventing admission or attendance based on vaccination status.
Section 5 amends Public Health Law § 2164(8) and (8-a) to update medical
exemption procedures, require submission of physician certificates to
schools, and revise reporting requirements to local health authorities
and the Department.
Section 6 repeals Education Law § 310(6-a).
Section 7 amends Education Law § 3208(5)(b)(1) to remove the requirement
that physical examinations include proof of immunization.
Section 8 amends Education Law § 3304(3) to change immunization expecta-
tions for transferring students so that compacting states rely on recom-
mended rather than required immunizations.
Section 9 amends Public Health Law § 206(1)(1) to prohibit mandatory
immunization programs.
Section 10 amends Public Health Law § 613 to remove language authorizing
mandatory immunization and updates the commissioner's responsibilities
regarding education activities and immunization surveys.
Section 11 amends Public Health Law § 2168(5)(f) to require reporting of
the immunization status of children who have medical exemption certif-
icates.
Section 12 amends Public Health Law § 2165(9) to permit individuals to
decline immunizations and to prohibit institutions from requiring
certificates as a condition of admission or attendance.
Section 13 repeals subdivision 6 of Public Health Law § 2167.
Section 14 repeals Public Health Law § 2183.
Section 15 establishes that the act takes effect on the ninetieth day
after it becomes law and clarifies that the amendments to Education Law
§ 3208(5)(b)(1) expire with the underlying provision.
 
JUSTIFICATION:
This legislation protects individual medical autonomy by ensuring that
New Yorkers are not compelled to undergo medical interventions in order
to access employment, education, services, or public and private facili-
ties. The recent use of mandatory vaccination policies raised widespread
concerns about coercion, unequal treatment, and the potential denial of
essential opportunities based solely on personal medical decisions.
Public health remains important, but voluntary choice and informed
consent form the foundation of individual liberty and parental authori-
ty. This bill preserves the ability of the state to promote health
through education and voluntary programs while preventing intrusive
requirements that may undermine trust, disproportionately affect vulner-
able communities, or burden families. By establishing a consistent
statewide policy, the bill ensures that no New Yorker is discriminated
against because of vaccination or medical intervention status while
maintaining limited exemptions where federal law or international travel
obligations require compliance.
 
LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it becomes law;
provided, however, that the amendments to subparagraph 1 of paragraph
(b) of subdivision 5 of section 3208 of the education law made by
section seven of this act shall not affect the expiration of such
section and shall be deemed to expire therewith.

Statutes affected:
S8723: 2164 public health law, 2164(7) public health law, 310 education law, 310(6-a) education law, 3208 education law, 3208(5) education law, 3304 education law, 3304(3) education law, 206 public health law, 206(1) public health law, 2168 public health law, 2168(5) public health law, 2165 public health law, 2165(9) public health law, 2167 public health law, 2167(6) public health law, 2183 public health law