ALBANY, N.Y. - The New York State Department of Health and Office of Children and Family Services today issued emergency regulations further strengthening and clarifying the process by which physicians can grant medical exemptions under the new state law which repealed non-medical exemptions for children attending school or child care.
Effective immediately, physicians who issue medical exemptions will be required to complete the applicable medical exemption form approved by the New York State Department of Health or New York City Department of Education, which specifically outlines the medical reason(s) that prevent a child from being vaccinated. Additionally, the regulations require physicians to outline specific justifications for each required vaccine in order to be able to grant an exemption. Previously, regulations allowed for a physician to submit a signed statement to schools without having to document on an approved form stating why immunization may be detrimental to the child's health. The emergency regulations apply to all children statewide, and they continue to require that medical exemptions must be reissued annually. By providing clear, evidence-based guidance to physicians regarding when immunization may be detrimental to a child's health, this emergency regulation will help prevent medical exemptions from being issued for inappropriate reasons.
New York State Health Commissioner Dr. Howard Zucker said, "These regulations will ensure that those who have legitimate medical reasons for not getting vaccinated are still able to obtain medical exemptions, while also preventing abuse of this option by those without such medical conditions. Immunizations are safe and effective and give children the best protection from serious childhood diseases. We will continue to do everything possible to promote public health for all New Yorkers, especially our children."
In addition, the regulations provide further clarity for school districts and child care centers by defining what it means to admit or attend these establishments. As such, the Departments of Health, State Education and Office of Children and Family Services also released additional guidance for schools, child care programs, parents and guardians in order to comply with the new law that repeals non-medical exemptions. The guidance document further addresses frequently asked questions regarding the impact the new law has on home-schooled students, school transportation, and students with disabilities. This document complements information issued on June 18, 2019 and on July 22, 2019.
