Brady Collins
New York's vaccination policies have been a topic of discussion and controversy, with various bills and proposals introduced that impact vaccine requirements and exemptions. While the state already has an immunization database, the New York State Immunization Information System (NYSIIS), proposed changes to vaccination record submission laws have sparked debates about patient privacy and consent. Under current laws, health care providers are required to report vaccines administered to individuals under the age of 19, while pharmacists and nurses must enter vaccine information for adults with consent. Proposed bills, such as S75A and A279A, aim to expand these requirements to include doctors and mandate the submission of patient vaccination records to the state. These proposals have raised concerns among some citizens, who fear they violate medical privacy rights and could lead to discrimination. However, supporters argue that consolidating immunization information facilitates public health efforts and helps individuals and healthcare providers access reliable vaccination records. Understanding the evolving landscape of vaccine requirements and exemptions in New York is essential for both residents and policymakers.
| Characteristics | Values |
|---|---|
| Opting out of submitting vaccination records | Possible |
| Opting out of NYSIIS | Possible for adults 19 years or older; not possible for children |
| Medical exemptions | Allowed |
| Religious exemption | Removed in June 2019 |
| Meningococcal Meningitis vaccine exemption | Possible at Hunter College |
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What You'll Learn
Religious exemption removal
In 2019, New York ended religious exemptions for required vaccines for schoolchildren. The state assembly voted to eliminate religious exemption to vaccine mandates, which was signed into law by Governor Andrew Cuomo. This law was passed in the face of the worst measles outbreak in decades, with most cases concentrated in ultra-Orthodox areas of New York, including Rockland County and parts of Brooklyn.
Previously, the exemption allowed parents of school-age children to cite their religious beliefs as a reason to opt their children out of mandatory vaccinations. However, supporters of the bill's passage argued that misinformation spread by vaccine opponents was creating a public health crisis and endangering children who could not be vaccinated for medical reasons. The American Medical Association and other medical organizations also submitted statements to lawmakers supporting the change, concluding that eliminating religious exemptions was in the best interest of public health.
The legislation was challenged in court, with families arguing that the repeal violated their state and federal constitutional rights to freely exercise their religion. However, the New York appellate court upheld the law, determining that it was inspired by a "prescient public health concern" and did not abridge religious freedom.
As a result of this ruling, New York joined a small number of other states, including California, Mississippi, and Arizona, that have banned vaccine exemptions on religious grounds.
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Opting out of NYSIIS
New York already has an immunization database known as the New York State Immunization Information System (NYSIIS). The NYSIIS currently requires healthcare providers to report the vaccines administered to individuals under the age of 19. For people aged 19 or older, pharmacists and nurses must enter vaccine information with consent, but this is optional for other healthcare providers.
There is a proposal for a new vaccination records submission law in New York, which would make it a requirement for doctors to submit patient vaccination records to the state. This proposal has sparked concerns about privacy and potential violations of HIPAA, the federal Health Insurance Portability and Accountability Act. However, it's important to note that the proposal includes an opt-out provision, allowing patients to choose not to submit their immunization records.
If you wish to opt out of the NYSIIS, you can do so by refusing to provide your vaccination information to healthcare providers. This means that your vaccination records will not be entered into the NYSIIS database. However, it's important to understand the potential consequences of opting out. Opting out of the NYSIIS may impact your ability to access certain services or participate in certain activities that require proof of vaccination.
Additionally, it's worth noting that the proposal for the new vaccination records submission law includes provisions to protect the privacy of individuals' vaccination information. According to Katherine Capossela, a spokesperson for the bill's sponsor, any information submitted would be kept confidential and not released publicly under New York law. New York law also prohibits the state health department from releasing individually identifiable health information to third parties.
While the proposal addresses privacy concerns, some individuals may still prefer to keep their vaccination status private and choose to opt out of submitting their records. It's essential to stay informed about the latest developments in vaccination policies and understand your rights and options regarding vaccination record submission in New York State.
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Medical exemption
In New York, individuals can be exempt from specific vaccine requirements if they have a valid medical reason and obtain a medical exemption. Here's an overview of the process and guidelines for seeking a medical exemption from vaccinations in New York:
Understanding Medical Exemptions:
Medical exemptions are typically granted when an individual has a legitimate medical condition that contraindicates vaccination. This means that there is a valid concern, supported by scientific evidence and the recommendation of a licensed healthcare provider, that receiving a particular vaccine may pose a significant risk to the health of the individual.
Eligibility for Medical Exemption:
- To qualify for a medical exemption in New York, an individual must have a documented medical condition that is recognized as a contraindication to a specific vaccine. These conditions are generally outlined in the vaccine manufacturer's package insert and/or recognized by organizations such as the Centers for Disease Control and Prevention (CDC) and the American Academy of Pediatrics (AAP).
- Examples of medical conditions that may qualify for a vaccine exemption include (but are not limited to):
- A history of severe allergic reaction (anaphylaxis) to a previous dose of the vaccine or a component of the vaccine.
- A severe allergic reaction to a medication or food that is also present in the vaccine (for example, eggs or yeast).
- A weakened immune system due to a medical condition or treatment (such as cancer, organ transplant, or certain autoimmune diseases).
- A history of Guillain-Barré syndrome within six weeks of receiving a previous vaccine.
- It's important to note that the eligibility criteria may vary slightly depending on the specific vaccine and the recommendations of health authorities, so it's always best to consult with a healthcare provider for personalized advice.
Obtaining a Medical Exemption:
- To obtain a medical exemption in New York, individuals should consult with their healthcare provider. The provider will assess the patient's medical history and current health status to determine if there are valid contraindications to vaccination.
- If the healthcare provider determines that a medical exemption is appropriate, they will need to complete and sign a medical exemption form or provide a written statement on their letterhead. This documentation should include the specific vaccine(s) for which the exemption is being granted, the duration of the exemption (if applicable), and the medical reason for the exemption.
- It is the responsibility of the individual (or their parent/guardian) to ensure that this documentation is submitted to the appropriate authority or institution requiring the vaccine. For example, this may include schools, colleges, or employers.
Duration and Review of Medical Exemptions:
- Medical exemptions may be granted temporarily or permanently, depending on the nature of the medical condition. Temporary exemptions may be reviewed and renewed as necessary, especially if the contraindication is expected to resolve over time.
- In some cases, an individual's medical condition may change, and they may no longer qualify for a medical exemption. It is important to stay informed about any updates to vaccine recommendations and to consult with a healthcare provider if there are any changes in health status.
It's worth noting that medical exemptions are typically reviewed and granted on a case-by-case basis, and the above guidelines may be subject to change according to local regulations and health authority recommendations. Individuals seeking a medical exemption are advised to stay informed about the latest official guidance and to discuss any concerns directly with their healthcare provider.
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Vaccine tracking system
In New York, there is a proposed vaccination records submission law that would mandate doctors to submit patient vaccination records to the state. However, the legislation also includes an option for patients to opt out of submitting their records. This proposal, found in bills S75A and A279A, has raised concerns among some residents. They worry that it could lead to discrimination by employers, schools, and other institutions if the state shares vaccination records with private companies or uses them to identify those who are unvaccinated.
New York already has an immunization database called the New York State Immunization Information System (NYSIIS). The NYSIIS was established to promote the health of New York State children by reducing or eliminating vaccine-preventable diseases. The system is designed to provide numerous benefits to those involved in the healthcare of children, ultimately contributing to a healthier population. It offers consolidated and accurate immunization records, clinical decision support for providers, efficient vaccine inventory management, and reminders for parents and caregivers when immunizations are missed.
Under the proposed law, doctors would be required to submit immunization records for individuals 19 and older. Currently, state law mandates that healthcare providers report vaccines administered to those under 19 to the NYSIIS. Additionally, pharmacists and nurses must enter vaccine information for people 19 and older with consent, but this is optional for other healthcare providers. The proposed change would make it mandatory for doctors to report vaccination information for all patients, regardless of age.
Any information submitted to the NYSIIS is kept confidential and protected by New York law. Katherine Capossela, a spokesperson for the bill's sponsor, state Sen. Brad Hoylman, assured that any information submitted would not be released publicly. While some have expressed concerns about potential HIPAA violations, legal experts clarify that the proposal does not violate HIPAA. Sharona Hoffman, a professor of law and bioethics, explained that health care providers are legally permitted to inquire about a patient's vaccination status, and HIPAA allows disclosure of personally identifiable health information for public health purposes.
The primary purpose of the proposed law is to maintain reliable records of individuals' vaccination statuses and facilitate public health efforts by providing data on vaccination rates. This information is crucial for public health systems to control vaccine-preventable diseases effectively. The NYSIIS aims to establish a complete, accurate, secure, and easily accessible immunization medical record system that promotes public health by ensuring full immunization for all individuals.
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Immunization requirements for students
In New York, there is already an immunization database called the New York State Immunization Information System (NYSIIS). Current state law mandates that healthcare providers report the vaccines administered to individuals under the age of 19. For people over the age of 18, pharmacists and nurses are required to enter vaccine information with consent, but this is optional for other healthcare providers.
There is a proposal for a new vaccination records submission law in New York, which would require doctors to submit patient vaccination records to the state. However, the proposal also includes an option to decline submitting this information. This bill only concerns vaccination records and does not require the reporting of other personal medical records. Any information submitted would be kept confidential and protected by New York law and HIPAA, the federal Health Insurance Portability and Accountability Act.
In terms of school immunization requirements, children who are unvaccinated or overdue must receive at least the first dose of all required vaccines within the first 14 days of school or daycare attendance. They must then receive subsequent vaccines in the series within 14 days of when they are due. Depending on the vaccine, more than one dose may be needed to build immunity.
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Frequently asked questions
There is no opt-out provision in New York for those under 19 years of age. For adults 19 years or older, explicit consent or an opt-in is required by law to be included in the New York State Immunization Information System (NYSIIS).
NYSIIS is an immunization database in New York. It requires mandatory inclusion for child vaccine recipients aged 0 to 18 years by law.
Children are included in NYSIIS with no possibility for their parent(s)/guardian(s) to opt them out.
According to bills S75A and A279A, patients can opt out of submitting their vaccination records.
