STATE OF NEW YORK ________________________________________________________________________ 3254 2025-2026 Regular Sessions IN ASSEMBLY January 27, 2025 ___________ Introduced by M. of A. DINOWITZ -- read once and referred to the Commit- tee on Health 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 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1394 of the public health law is amended by adding 2 two new subdivisions 6-a and 6-b to read as follows: 3 6-a. Each children's overnight, summer day, and travelling summer day 4 camp shall ensure that every child enrolled at such camp has been admin- 5 istered an adequate dose or doses of an immunizing agent against poliom- 6 yelitis, mumps, measles, diphtheria, rubella, varicella, Haemophilus 7 influenzae type b (Hib), pertussis, tetanus, pneumococcal disease, and 8 hepatitis B, which meets the standards approved by the United States 9 public health service for such biological products, and which is 10 approved by the department under such conditions as may be specified by 11 the public health council. If any health practitioner, as defined in 12 section twenty-one hundred sixty-four of this chapter, certifies that 13 such immunization may be detrimental to a child's health, the require- 14 ments of this subdivision shall be inapplicable until such immunization 15 is found no longer to be detrimental to such child's health. The commis- 16 sioner shall promulgate such rules and regulations as shall be necessary 17 to implement the provisions of this subdivision. 18 6-b. Staff at all children's camps defined in section thirteen hundred 19 ninety-two of this article shall provide a camp operator with a current 20 certificate of immunization history for diphtheria, measles, meningococ- 21 cal meningitis, mumps, pertussis, rubella, tetanus, and varicella. If 22 any health practitioner, as defined in section twenty-one hundred 23 sixty-four of this chapter, certifies that such immunizations are detri- 24 mental to the individual's health, the requirements of this subdivision EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06996-01-5
A. 3254 2 1 shall be inapplicable until such immunization is found no longer to be 2 detrimental to such individual's health. The commissioner shall promul- 3 gate such rules and regulations as shall be necessary to implement the 4 provisions of this subdivision. 5 § 2. Section 398-f of the general business law is amended by adding 6 two new subdivisions 4 and 5 to read as follows: 7 4. Notwithstanding any other provision of this section relating to 8 department of health regulations, every children's non-regulated camp 9 shall ensure that every child enrolled at such camp has been adminis- 10 tered an adequate dose or doses of an immunizing agent against poliom- 11 yelitis, mumps, measles, diphtheria, rubella, varicella, Haemophilus 12 influenzae type b (Hib), pertussis, tetanus, pneumococcal disease, and 13 hepatitis B, which meets the standards approved by the United States 14 public health service for such biological products, and which is 15 approved by the department of health under such conditions as may be 16 specified by the public health and health planning council. If any 17 health practitioner, as defined in section twenty-one hundred sixty-four 18 of the public health law, certifies that such immunization may be detri- 19 mental to a child's health, the requirements of this subdivision shall 20 be inapplicable until such immunization is found no longer to be detri- 21 mental to such child's health. The commissioner of health shall promul- 22 gate such rules and regulations as shall be necessary to implement the 23 provisions of this subdivision. 24 5. Staff at all children's non-regulated camps shall provide a camp 25 operator with a current certificate of immunization history for diphthe- 26 ria, measles, meningococcal meningitis, mumps, pertussis, rubella, teta- 27 nus, and varicella. If any health practitioner, as defined in section 28 twenty-one hundred sixty-four of the public health law, certifies that 29 such immunizations are detrimental to the individual's health, the 30 requirements of this subdivision shall be inapplicable until such immun- 31 ization is found no longer to be detrimental to such individual's 32 health. The commissioner of health shall promulgate such rules and regu- 33 lations as shall be necessary to implement the provisions of this subdi- 34 vision. 35 § 3. Paragraph (a) of subdivision 2 of section 398-f of the general 36 business law, as amended by chapter 248 of the laws of 2022, is amended 37 to read as follows: 38 (a) No person, firm, corporation or association shall enroll or allow 39 participation of a child in a children's non-regulated camp unless the 40 parent or guardian of the child has been provided with the following 41 written notice on the application or enrollment form: 42 "This camp is not regulated or inspected by the New York State Depart- 43 ment of Health and is not required to obtain a Department of Health 44 permit. This camp is not required to follow Department of Health regu- 45 lations[, including,] regarding maintaining minimum staff-to-child 46 ratios; hiring medical personnel; or reporting injuries or illnesses to 47 the Department of Health." 48 § 4. Paragraph (a) of subdivision 2 of section 398-f of the general 49 business law, as amended by chapter 63 of the laws of 2024, is amended 50 to read as follows: 51 (a) No person, firm, corporation or association shall enroll or allow 52 participation of a child in a children's non-regulated camp unless such 53 non-regulated camp has registered with the department of health, in a 54 form and manner prescribed by the department of health, on an annual 55 basis and the parent or guardian of the child has been provided with the 56 following written notice on the application or enrollment form:
A. 3254 3 1 "This camp is registered with but not regulated or inspected by the 2 New York State Department of Health and is not required to obtain a 3 Department of Health permit. This camp is not required to follow Depart- 4 ment of Health regulations[, including,] regarding maintaining minimum 5 staff-to-child ratios; hiring medical personnel; or reporting injuries 6 or illnesses to the Department of Health." 7 § 5. This act shall take effect on the first of October next succeed- 8 ing the date on which it shall have become a law; provided, however, 9 that section four of this act shall take effect on the same date and in 10 the same manner as section 4 of chapter 63 of the laws of 2024 takes 11 effect.