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Is New York Becoming a Vaccine Police State?

Skyline image of New York City

Health Impact News

New York City has mandated that all preschool children must receive a flu shot.

The National Vaccine Information Center [1] is tracking this mandate as well as other proposed vaccine legislation in New York, which includes a proposed law to mandate the Gardasil HPV vaccine.

NYC Flu Vaccine Mandate Update and 3 New Vaccine Bills Filed in NYS Legislature

by the National Vaccine Information Center [1]

We wanted to update you about the flu shot mandate for New York City Preschoolers and let you know that New York already has three vaccine related bills filed in the New York State Legislature that we are tracking.

We have posted a reminder below how you can stay in touch through the NVIC Advocacy Portal on the progress of these bills, our position on the bills, and what you can do to help.

FLU SHOT MANDATE FOR NEW YORK CITY PRESCHOOL AND DAYCARE

There has been some recent confusion for parents in New York City who have young children over whether or not their children have to receive a flu vaccine to attend day care or preschool because the rest of the children in New York don’t have to be vaccinated for flu.

Here are the facts to help clarify the confusion:

YES, New York City has Flu Vaccine Requirements for certain children [2].

Between July 1 and December 31 of each year, all children who are between the ages of 6 months and 59 months and attending a New York City licensed day care, Head Start, pre-K or nursery school, must receive one dose of flu vaccine.

This is in addition to state vaccine requirements.

N.Y. Court of Appeals Upholding Mandated Flu Vaccines for Daycare and Preschool Children [5]

New York Court of Appeals Opinion [6] on NYC Flu Vaccine Mandate

HOWEVER, the state of New York has religious and medical exemptions for all required vaccines and this applies to the New York City flu vaccine requirement as well.

Please note that the law requires religious beliefs to be sincere and genuine, and that the rule allows for the principal or person in charge to require additional information for medical and religious exemptions.

See links below for the law and the rule that applies.

New York State (NYS) Public Health Law Section 2164 [7]

New York Codes, Rules and Regulations (NYCRR) Title 10, Subpart 66-1 [8]

BILLS AREADY FILED IN THE NEW YORK 2019 LEGISLATURE

NYC Vaccines update NVIC portal [9]

(Login to the NVIC Advocacy Portal http://NVICAdvocacy.org [9] for detailed information on these bills)

Proposed NY legislation vaccines

HOW TO STAY INFORMED DURING SESSION

1. NVIC ADVOCACY PORTAL: Log in to http://NVICAdvocacy.org [9] often throughout the coming months to see action alerts for high priority bills, bill information with status and action updates for priority bills tracked by NVIC, and announcements specific for your state. We keep the NVIC Advocacy Portal updated daily so this is your best place to see what bills are filed, moving, and actions you need to take to protect and promote your rights!

2. EMAIL: Make sure you are registered at http://NVICAdvocacy.org [9] with an active email address to receive high priority legislative action alerts for your state and check that email address often. When there is a highly critical legislative action item, we will send you a customized email.

3. NVIC FACEBOOK: If you follow the National Vaccine Information Center Facebook page [10], please go into your settings, and on “Newsfeed Preferences,” click on “Prioritize Who You See First” and click on “National Vaccine Information Center” so you don’t miss any news items or action alerts. Facebook doesn’t always display all of our posts to our followers. Logging in to the portal and staying connected to email are the most timely and reliable way to stay in touch throughout session, but this setting will definitely help you to see more on Facebook.

Comment on this article at VaccineImpact.com [11].

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