State Immunization Laws for Healthcare
Workers and Patients

Immunization Administration Requirements
For State: NY

** Click on each result to read the abridged text of the state immunization law.

Patient Type Vaccine Requirement
Hospital Employees  Hepatitis B[1] Offer[175]
  Influenza[2] No 
  MMR[3] Ensure[176]
  Varicella[4] No 
  Pneumococcal[5] No 
  Medical(M),Religious(R), or Philosophical(P) Exemptions[6] Yes – (M)[177]
Hospital Inpatients  Influenza[7] Offer[178]
  Pneumococcal[8] Offer[179]
  Medical(M),Religious(R), or Philosophical(P) Exemptions[9] No 
Individual Providers' Patients  Any Immunization[10] Ensure[180]
  Medical(M),Religious(R), or Philosophical(P) Exemptions[11] Yes – (M)[181], (R)[182]
Ambulatory Care Facilities Employees  Any Immunization[12] Offer[183]/Ensure[184]
  Medical(M),Religious(R), or Philosophical(P) Exemptions[13] Yes – (M)[185]
Ambulatory Care Facilities Patients  Any Immunization[14] Ensure[186]
  Medical(M),Religious(R), or Philosophical(P) Exemptions[15] Yes – (M)[187], (R)[188]
Correctional Inmates and Residents  Any Immunization[16] No 
  Medical(M),Religious(R), or Philosophical(P) Exemptions[17] No 
Developmentally Disabled Facility Residents  Any Immunization[18] No 
  Medical(M),Religious(R), or Philosophical(P) Exemptions[19] No 
  []
[1] Does the jurisdiction require that any hospitals offer hepatitis B vaccine to any employees of the hospital, or ensure that any such employees are vaccinated with hepatitis B vaccine?

[2] Does the jurisdiction require that any hospitals offer influenza vaccine to any employees of the hospital, or ensure that any such employees are vaccinated with influenza vaccine?

[3] Does the jurisdiction require that any hospitals offer measles/mumps/rubella (MMR) vaccine (or any component thereof) to any employees of the hospital, or ensure that any such employees are vaccinated with MMR vaccine?

[4] Does the jurisdiction require that any hospitals offer varicella vaccine to any employees of the hospital, or ensure that any such employees are vaccinated with varicella vaccine?

[5] Does the jurisdiction require that any hospitals offer pneumococcal polysaccharide vaccine to any employees of the hospital, or ensure that any such employees are vaccinated with pneumococcal polysaccharide vaccine?  Top of Page

[6] If any hospitals are required to ensure that any hospital employees are vaccinated with hepatitis B, influenza, MMR, varicella or pneumococcal vaccine, does the jurisdiction provide any medical, religious or philosophical exemptions to such administration requirements?

[7] Does the jurisdiction require that any hospitals offer any inpatients of the hospital influenza vaccine, or ensure that any inpatients are vaccinated with influenza vaccine?

[8] Does the jurisdiction require that any hospitals offer any inpatients of the hospital pneumococcal polysaccharide vaccine, or ensure that any inpatients are vaccinated with pneumococcal polysaccharide vaccine?

[9] If any hospitals are required to ensure that any hospital inpatients are vaccinated with influenza or pneumococcal vaccines, does the jurisdiction provide any medical, religious or philosophical exemptions to such administration requirements?  Top of Page

[10] Does the jurisdiction require that any individual healthcare providers offer any vaccinations to any patients, or ensure that any patients are vaccinated with any vaccines?

[11] If any individual providers are required to ensure that any of their patients are vaccinated with any vaccines, does the jurisdiction provide any medical, religious or philosophical exemptions to such administration requirements?

[12] Does the jurisdiction require that any ambulatory care facilities offer any vaccinations to any employees, or ensure that any employees are vaccinated with any vaccines?

[13] If any ambulatory care facilities are required to ensure that any employees are vaccinated with any vaccines, does the jurisdiction provide any medical, religious or philosophical exemptions to such administration requirements?  Top of Page

[14] Does the jurisdiction require that any ambulatory care facilities offer any vaccinations to any patients, or ensure that any patients are vaccinated with any vaccines?

[15] If any ambulatory care facilities are required to ensure that any patients are vaccinated with any vaccines, does the jurisdiction provide for any medical, religious or philosophical exemptions to such administration requirements?

[16] Does the jurisdiction require that any correctional facilities or juvenile detention centers offer any vaccinations to any inmates or juveniles, or ensure that any inmates or juveniles are vaccinated with any vaccines?

[17] If any correctional centers or juvenile detention centers are required to ensure that any inmates or juveniles are vaccinated with any vaccines, does the jurisdiction provide for any medical, religious or philosophical exemptions to such administration requirements?  Top of Page

[18] Does the jurisdiction require that any residential facilities for the developmentally disabled or mentally retarded offer any residents any vaccinations, or ensure that any residents are vaccinated with any vaccines?

[19] If any residential facilities for the developmentally disabled or mentally retarded are required to ensure that any residents are vaccinated with any vaccines, does the jurisdiction provide for any medical, religious or philosophical exemptions to such administration requirements?

[175] For New York requirements, see N.Y. Comp. Codes R. & Regs. tit. 12, § 800.3, which applies the occupational exposure requirements of 29 CFR § 1910.1030 to employers of public employees. 29 CFR § 1910.1030 requires employers to make available the hepatitis B vaccine and vaccination series to all public employees who have occupational exposure. If the public employee initially declines vaccination but changes their mind while still covered under the standard, the employer shall make available the hepatitis B vaccine. If routine booster dose(s) are recommended by the U.S. Public Health Service, they shall be made available to the employee.

[176] For New York requirements, see N.Y. Comp. Codes R. & Regs. tit. 10, § 405.3, relating to “hospitals.” N.Y. Comp. Codes R. & Regs. tit. 10, § 405.3 requires the hospital to require of all personnel, as a condition of employment, a certificate of immunization against rubella, and a certificate of immunization against measles. This requirement is implemented through personnel policies and practices which the chief executive officer of the hospital shall develop and implement. If one of the practitioners designated at 405.3(10)(iii) certifies that the vaccine is contraindicated, the immunization requirements will be inapplicable until they are no longer found to be detrimental to the employee’s health. This requirement only applies to those facilities falling under New York’s regulatory definition of “hospital,” and not all those facilities identified as a hospital by the chart’s definition. N.Y. Comp. Codes R. & Regs. tit. 10, § 700.2 defines a “hospital” as an institution with beds for one or more inpatients not related to the operator which is primarily engaged in providing services and facilities to inpatients by or under the supervision of a physician, and which meets the following requirements: (1) provides diagnostic and therapeutic services for medical diagnosis, treatment and care of injured and sick persons and has, as a minimum, laboratory and radiology services and organized departments of medicine and surgery; (2) has an organized medical staff which may include, in addition to doctors of medicine, doctors of osteopathy and dentistry; (3) has bylaws, rules and regulations pertaining to standards of medical care and service rendered by its medical staff; (4) maintains medical records for all patients; (5) has a requirement that every patient be under the care of a member of the medical staff; (6) provides 24-hour patient services; and (7) has a written utilization review plan acceptable to the NYSDOH; and (8) has agreements with a home care agency.  Top of Page

[177] For New York, for medical exemptions to the immunization administration requirements set forth in N.Y. Comp. Codes R. & Regs. tit. 10, § 405.3, see N.Y. Comp. Codes R. & Regs. tit. 10, § 405.3, providing that immunization requirements are inapplicable if one of the practitioners designated at 405.3(10)(iii) certifies that the vaccine is contraindicated. The immunization requirements will be inapplicable until they are no longer found to be detrimental to the employee’s health. Certain additional procedural requirements must be met to obtain this exemption. In addition, N.Y. Comp. Codes R. & Regs. tit. 10, § 66-3.6 states that no personnel shall be required to receive an influenza vaccine if the vaccine is medically contraindicated for that individual.

[178] For New York requirements, see N.Y. CLS Pub Health §2805-h(2)(a), requiring the person in charge of each hospital to offer each admitted person age sixty-five or older vaccination against influenza virus annually between September first and April first. Such officer or person need not offer the vaccination to persons who have already received such vaccine or for whom it is otherwise inappropriate. Note also that N.Y. CLS Pub Health §2805-h(1) requires the person in charge of each hospital to make available immunizations against poliomyelitis, mumps, measles, diphtheria and rubella for each person in its care under age eighteen who has not been previously vaccinated. This is properly characterized as an “ensure” requirement because, although “makes available” would appear on a plain reading to be voluntary language, certain exemptions to this requirement are provided for, indicating that immunization is mandatory. This requirement only applies to those facilities falling under the definition of hospital set forth in N.Y. CLS Pub Health § 2801(1).

[179] For New York requirements, see N.Y. CLS Pub Health §2805-h(2)(b), requiring the person in charge of each hospital to offer vaccination against pneumococcal disease to each admitted person age sixty-five or older in the hospitals care. Such officer or person need not offer the vaccination to people who have already received it, are not in need of a booster, or for whom it is otherwise inappropriate. Note also that N.Y. CLS Pub Health §2805-h(1) requires the person in charge of each hospital make available immunizations against poliomyelitis, mumps, measles, diphtheria and rubella for each person in its care under age eighteen who has not been previously vaccinated. This is properly characterized as an “ensure” requirement because, although “makes available” would appear on a plain reading to be voluntary language, certain exemptions to this requirement are provided for, indicating that immunization is mandatory. This requirement only applies to those facilities falling under the definition of hospital set forth in N.Y. CLS Pub Health § 2801(1).

[180] For New York requirements, see N.Y. Comp. Codes R. & Regs. tit. 10, § 69-3.5 and N.Y. Comp. Codes R. & Regs. tit. 10, § 69-3.6, relating to health care providers, and N.Y. CLS Pub Health § 2500-e(7), relating to practitioners attending newborns. N.Y. Comp. Codes R. & Regs. tit. 10, § 69-3.5 requires health care providers attending newborn children of women with positive HBsAg test results to offer hepatitis B vaccine and hepatitis B immune globulin to such children within 12 hours of birth unless a specified individual determines that the child is not physiologically stable enough to permit immunization. The child must be immunized when they become physiologically stable. Healthcare providers attending newborn children of a woman whose test results are unavailable must offer the hepatitis B vaccine to each such child immediately upon receiving test results showing the mother has tested positive. If a woman’s HBsAg test result is unavailable, and her newborn child is about to be released or 48 hours have elapsed since birth, and if there is a reasonable likelihood that the child is positive for hepatitis B, the attending health care provider must offer or cause to be offered the hepatitis B vaccine to such child. N.Y. Comp. Codes R. & Regs. tit. 10, § 69-3.6 requires that health care providers providing follow-up care for newborns must arrange for follow-up doses of the hepatitis B vaccine to be administered: (1) 1 and 6 months; or (2) 1, 2 and 12 months after the first dose. N.Y. Comp. Codes R. & Regs. tit. 10, § 69-3.1 defines a “health care provider” as a physician or other health care professional licensed to practice in New York State. N.Y. CLS Pub Health § 2500-e(7) provides that if the mother of a newborn infant tests positive for hepatitis B surface antigen, the practitioner attending the infant must offer: (1) the hepatitis B vaccine and hepatitis B immune globulin to the newborn within 12 hours of birth or when the infant is physiologically stable, and (2) immunizing doses of hepatitis B vaccine and follow-up vaccine in accordance with the commissioner’s schedule. If the mother’s test results are unavailable when she is admitted to the hospital for delivery, the practitioner attending the infant must offer the hepatitis B vaccine and hepatitis B immune globulin for the newborn as soon as they receive results showing the mother has tested positive for hepatitis B surface antigen.  Top of Page

[181] For New York, for medical exemptions to the immunization requirements of NY CLS Pub Health § 2500-e(7) and N.Y. Comp. Codes R. & Regs. tit 10, § 69-3.5 and 3.6, see N.Y. CLS Pub Health § 2500-e(10) and N.Y. Comp. Codes R. & Regs. tit. 10, § 69-3.9. N.Y. CLS Pub Health § 2500-e(10) provides that hepatitis B immunization requirements for newborns of mothers testing positive for hepatitis B shall not apply if a statutorily specified provider certifies there is a contraindication to the follow-up dose, until the immunization is found to no longer be detrimental to the child’s health. N.Y. Comp. Codes R. & Regs. tit. 10 § 69-3.9 provides that if a licensed physician or health care practitioner practicing under the supervision of a licensed physician certifies that follow-up doses required under § 69-3 are detrimental to the child’s health, these requirements will be inapplicable until they are found no longer to be detrimental to the child’s health. See also medical exemption for physiologically unstable newborns in NY CLS Pub Health § 2500-e(7) and 10 N.Y. Comp. Codes R & Regs § 69-3.5.

[182] For New York, for religious exemptions to the immunization requirements of NY CLS Pub Health § 2500-e(7) and N.Y. Comp. Codes R. & Regs. tit 10, § 69-3.5 and 3.6, see N.Y. CLS Pub Health § 2500-e(11) and N.Y. Comp. Codes R. & Regs. tit. 10, § 69-3.10. N.Y. CLS Pub Health § 2500-e(11) provides that hepatitis B immunization requirements for newborns of mothers testing positive for hepatitis B shall not apply if the infant’s parent or guardian holds genuine and sincere religious beliefs prohibiting immunization and they notify the practitioner thereto. N.Y. Comp. Codes R. & Regs. tit. 10, § 69-3.10 provides that the provisions of Subpart 69-3 shall not apply where the parent or legal guardian of a child holds genuine and sincere religious beliefs which prohibit immunization. Certain notification and documentation requirements must be met to obtain the exemption.

[183] For New York requirements, see N.Y. Comp. Codes R. & Regs. tit. 12, § 800.3, which applies the occupational exposure requirements of 29 CFR § 1910.1030 to employers of public employees. 29 CFR § 1910.1030 requires employers to make available the hepatitis B vaccine and vaccination series to all public employees who have occupational exposure. The employer shall ensure that the hepatitis B vaccine and vaccination series and follow-up is made available at no cost to such employees. If the public employee initially declines vaccination but changes their mind while still covered under the standard, the employer shall make available the hepatitis B vaccine. If routine booster dose(s) are recommended by the U.S. Public Health Service, they shall be made available to the employee.

[184] For New York requirements, see N.Y. Comp. Codes R. & Regs. tit. 10, § 751.6(d), relating to “treatment centers” and “diagnostic centers.” N.Y. Comp. Codes R. & Regs. tit. 10, § 751.6(d) requires the operator of a treatment or diagnostic center to ensure that a certificate for immunization against rubella and a certificate for immunization against measles is maintained for all employees born after January 1, 1957. The definition of “health care facility” includes diagnostic and treatment centers as defined in section 751.1. N.Y. Comp. Codes R. & Regs. tit. 10, § 751.1 defines diagnostic center and treatment center as “a medical facility with one or more organized health services not part of an inpatient hospital facility or vocational rehabilitation center primarily engaged in providing services and facilities to out-of-hospital or ambulatory patients by or under the supervision of a physician”.  Top of Page

[185] For New York, for medical exemptions to the immunization requirements of N.Y. Comp. Codes R. & Regs. tit. 10, § 751.6(d), relating to “treatment centers” and “diagnostic centers,” see N.Y. Comp. Codes R. & Regs. tit. 10, § 751.6(d), providing that if any licensed physician, physician’s assistant, specialist’s assistant, licensed midwife or nurse practitioner certifies that the required vaccines may be detrimental to the employee’s health, then the requirements are inapplicable until such immunization is no longer detrimental to the employee’s health. In addition, N.Y. Comp. Codes R. & Regs. tit. 10, § 66-3.6 states that no personnel shall be required to receive an influenza vaccine if the vaccine is medically contraindicated for that individual.

[186] For New York requirements, see N.Y. CLS Pub Health § 4710-a(1), relating to “shared health facilities,” and N.Y. CLS Pub Health §2805-h, relating to “hospitals (see N.Y. CLS Pub Health § 2801(1))”. N.Y. CLS Pub Health § 4710-a(1) requires the individual responsible for central coordination and management of the activities of a shared health facility to make available immunizations against poliomyelitis, mumps, measles, diphtheria and rubella to each person receiving care who is under the age of eighteen, who has not previously been vaccinated with such vaccines. While the language of the requirement does not make explicit whether this is an “offer” or “ensure” requirement, the presence of exemptions to the administration requirement suggest that vaccination is not voluntary, and thus the regulation is properly characterized as setting forth an “ensure” requirement. N.Y. CLS Pub Health §2805-h requires the person in charge of each hospital to make available immunizations against poliomyelitis, mumps, measles, diphtheria, and rubella to patients under age eighteen who have not previously received them. “Hospitals” are defined in N.Y. CLS Pub Health § 2801(1) as a facility or institution engaged principally in providing services by or under the supervision of a physician or, in the case of a dental clinic or dental dispensary, of a dentist, for the prevention, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including, but not limited to, a general hospital, public health center, diagnostic center, treatment center, dental clinic, dental dispensary, rehabilitation center other than a facility used solely for vocational rehabilitation, nursing home, tuberculosis hospital, chronic disease hospital, maternity hospital, lying-in-asylum, out-patient department, out-patient lodge, dispensary and a laboratory or central service facility serving one or more such institutions. Thus “hospital,” when referred to in the New York Consolidated Laws, would also include facilities which fall under this chart’s definition of “ambulatory care center.” Note also N.Y. Comp. Codes R. & Regs. tit. 10, § 420.4(d) and 420.3. N.Y. Comp. Codes R. & Regs. tit. 10, § 420.4(d) requires comprehensive ambulatory HIV programs to develop and implement specific policies and procedures for the prevention of disease transmission which require all patients to be immunized against preventable disease. N.Y. Comp. Codes R. & Regs. tit. 10, § 420.3 requires HIV antibody positive infants and children to be provided with immunization. However, the regulatory language fails to specify whether these are “offer” or “ensure” requirements.

[187] For New York, for medical exemptions to the immunization requirements of N.Y. CLS Pub Health § 4710-a(1) and N.Y. CLS Pub Health §2805-h, see NY CLS Pub Health § 4710-a(3), relating to “shared health facilities,” and N.Y. CLS Pub Health §2805-h, relating to “hospitals.” NY CLS Pub Health § 4710-a(3) provides that the immunization administration requirements of § 4710-a are not applicable if any physician licensed in New York certifies that such immunizations may be detrimental to the child’s health, until such immunization is found no longer detrimental to the child’s health. N.Y. CLS Pub Health §2805-h provides that requirements are inapplicable where a New York licensed physician certifies that the immunization may be detrimental to a child’s health, until such immunization is no longer found to be detrimental to the child’s health.

[188] For New York, for religious exemptions to the immunization requirements of N.Y. CLS Pub Health § 4710-a(1) and N.Y. CLS Pub Health §2805-h, see N.Y. CLS Pub Health § 4710-a(2), relating to “shared health facilities,” and N.Y. CLS Pub Health §2805-h, relating to “hospitals.” N.Y. CLS Pub Health § 4710-a(2) provides that the immunization administration requirements of § 4710-a are inapplicable if a child’s parent(s) or guardian(s) are bona fide members of a recognized religious organization whose teachings are contrary to immunization requirements. N.Y. CLS Pub Health §2805-h provides that immunization administration requirements are inapplicable where a child’s parent, parents or legal guardian are bona fide members of a recognized religious organization whose teachings are contrary to this section’s requirements.  Top of Page

Disclaimer: The purpose of this database is to provide researchers, policymakers, and state and local public health practitioners with descriptive information concerning state immunization-related law. No part of this legal analysis involves providing legal advice or answering specific questions of law on behalf of any person or organization.

 

Page last reviewed: November 19, 2014