Dear Superintendent/Principal/School Nurse Regarding Public Health Law 2164(7)(a)

December 2016

Re: Public Health Law Section 2164(7)(a)

Dear Superintendent/Principal/School Nurse:

The Bureau of Immunization of the New York State Department of Health has legal authority to ensure that schools throughout the state comply with Section 2164(7)(a) of the Public Health Law related to immunization requirements for school entry. Public Health Law Section 2164(7)(a) requires that:

No principal, teacher, owner or person in charge of a school shall permit any child to be admitted to such school, or to attend such school, in excess of fourteen days, without the certificate provided for in subdivision five of this section or some other acceptable evidence of the child's immunization against poliomyelitis, mumps, measles, diphtheria, rubella, varicella, hepatitis B, tetanus and pertussis and, where applicable, Haemophilus influenzae type b (Hib), meningococcal disease and pneumococcal disease; provided, however, such fourteen day period may be extended to not more than thirty days for an individual student by the appropriate principal, teacher, owner or other person in charge where such student is transferring from out-of-state or from another country and can show a good faith effort to get the necessary certification or other evidence of immunization.

Please be advised that findings of violations of the Public Health Law may result in the imposition of a civil penalty of up to $2,000 per violation. Each student who is permitted to attend school in violation of the requirement of Section 2164(7)(a) constitutes the basis for a separate violation of the Public Health Law for which a civil penalty may be imposed. A student is in compliance with the immunization requirements when he or she meets the criteria set forth in Section 2164 of the Public Health Law. A copy of Section 2164 is available in the School Survey Instruction Booklet at http://www.health.ny.gov/prevention/immunization/schools.

If you have any questions or concerns, please contact the School Assessment and Compliance Unit at 518-474-1944 or send via email to osas@health.ny.gov.

Sincerely,

Christine Compton, M.D., M.P.H.
Medical Director
Bureau of Immunization