New York - Vaccination Waiver: Policy requirement

Area: 
Policy Or Plan Requirements
Policy Type: 
regulation; statute
Summary: 

State law allows waivers for religious or moral reasons.

10 CRR-NY 66-1.3

A principal or person in charge of a school shall not admit a child to school unless a person in parental relation to the child has furnished the school with one of the following:

  • (a) A certificate of immunization, as described in section 66-1.6 of this Subpart, from a health care practitioner or from NYSIIS or the CIR, documenting that the child has been fully immunized according to the requirements of section 66-1.1(f) of this Subpart.
  • (b) Documentation that the child is in process of receiving immunizations as defined in section 66-1.1(j) of this Subpart. A principal or person in charge of a school shall not refuse to admit a child to school, based on immunization requirements, if that child is in process.
  • (c) A signed, completed sample medical exemption form issued by the NYSDOH or NYCDOHMH or a signed statement from a physician licensed to practice medicine in New York State certifying that immunization may be detrimental to the child’s health, containing sufficient information to identify a medical contraindication to a specific immunization and specifying the length of time the immunization is medically contraindicated. The medical exemption must be reissued annually. The principal or person in charge of the school may require additional information supporting the exemption.
  • (d) A completed sample form titled: Request for Religious Exemption to Immunization, created by the New York State Education Department or a written and signed statement from the parent, parents or guardian of such child, stating that the parent, parents or guardian objects to their child's immunization because of sincere and genuine religious beliefs which prohibit the immunization of their child, in which case the principal or person in charge of the school may require supporting documents.

10 CRR-NY 66-1.1

(3) ...Children who are not fully immunized can only continue to attend school if they are in the process of completing the immunization series based on the Advisory Committee on Immunization Practices Recommended Immunization Schedules for Persons Aged 0 through 18 Years incorporated by reference at subdivision (f) of this section. If a child does not receive subsequent doses of vaccine in an immunization series according to the age appropriate ACIP catch-up schedule, including at appropriate intervals, the child is no longer in process and must be excluded from school within 14 days, if not otherwise exempt in accordance with section 66-1.3 of this Subpart.


Public Health Consolidated Laws Section 2164

  1. This section shall not apply to children whose parent, parents, or guardian hold genuine and sincere religious beliefs which are contrary to the practices herein required, and no certificate shall be required as a prerequisite to such children being admitted or received into school or attending school.
    Source: New York State Senate
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