STATE OF NEW YORK ________________________________________________________________________
7100
2021-2022 Regular Sessions
IN ASSEMBLY
April 22, 2021 ___________
Introduced by M. of A. DiPIETRO -- read once and referred to the Commit- tee on Health
AN ACT to amend the public health law, in relation to a vaccine bill of rights to protect New York citizens against unconstitutional and medically irresponsible COVID-19 vaccine mandates; to amend the educa- tion law and the public health law, in relation to medical exemptions from vaccination requirements; to amend the labor law, in relation to limiting the civil liability of employers and employees for the spread or possible transmission of COVID-19 caused by an act or omission while acting in good faith; to amend the public health law, in relation to prohibiting a mandatory immunization against the novel coronavirus/COVID-19; and to amend the public health law, in relation to exempting private and parochial schools and day care centers from immunization requirements
The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:
1 Section 1. Legislative findings. The Founders designated that a Bill 2 of Rights was necessary to guard individual liberty against encroach- 3 ments from state and federal actors, public and private. The 14th Amend- 4 ment to the U.S. Constitution explicitly directs states not to "deprive 5 any person of life, liberty, or property, without due process of law; 6 nor deny to any person within its jurisdiction the equal protection of 7 the laws". No COVID vaccine is FDA-approved but some are authorized 8 under a temporary Emergency Use Authorization as experimental (investi- 9 gational) agents. Emergency use products are specifically prohibited by 10 federal law 21 U.S.C. §360bbb-3 from being mandated: "Authorization for 11 medical products for use in emergencies ... require ... the option to 12 accept or refuse administration of the product". The CDC Advisory 13 Committee on Immunization Practices (ACIP) affirmed in August 2020 that 14 under an Emergency Use Authorization (EUA), experimental vaccines are 15 not allowed to be mandatory. Decades-old universally accepted Codes of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10446-01-1
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1 Medical Ethics, including the Nuremberg Code and the Declaration of 2 Helsinki absolutely prohibits any form of coercion whatsoever to indi- 3 viduals to participate in a medical experiment. 40 percent of respond- 4 ents in at least one US poll reported that they would opt out of taking 5 experimental COVID vaccines. It is neither feasible nor safe to mandate 6 experimental vaccination given the large number of COVID-19 recovered 7 patients in the general population and the FDA/Pfizer/ Moderna protocols 8 which excluded COVID-19 recovered patients. It is neither feasible nor 9 safe to administer experimental vaccines to many groups of patients, 10 such as persons with post-natural infections, waning titers, allergic 11 reactions, as well as childbearing women. Public and private measures 12 are nonetheless being considered to mandate experimental vaccinations in 13 order to participate in certain public activities and functions of daily 14 American life, including but not limited to: employment, in-person 15 school attendance, public transportation, and concert performances. 16 "Vaccine passports," "digital health IDs," and other such required 17 documentation pose substantial risks to personal privacy and equal 18 treatment before the law for all citizens of New York as well as the 19 United States generally. Administration of the experimental COVID-19 20 vaccines according to guidelines established by the CDC's Advisory 21 Committee on Immunization Practices do not provide adequate protections 22 for average Americans concerned about potential health hazards associ- 23 ated with the inoculations. The public is entitled to receive unbiased, 24 transparent, easily accessible medical information related to all 25 vaccines from their public health officials. The doctors and nurses 26 administering the inoculation are required by law to give informed 27 consent and they cannot do that if they themselves are not informed. 28 The emergency powers assumed by the chief executives of certain states 29 as well as municipal leaders violate certain unalienable rights guaran- 30 teed under the U.S. Constitution and its and Bill of Rights and there- 31 fore deserve redress. While these legitimate grievances are pursued by 32 the courts of various states, state lawmakers must enshrine certain 33 rights against encroachment by decrees that are not medically or scien- 34 tifically indicated, such as vaccine mandates, in order to ensure the 35 continuity of these rights. A COVID-19 Vaccine Bill of Rights against 36 COVID-19 vaccine mandates provides an example of adoption for other 37 legislative bodies across the United States to be recognized and upheld 38 by the attorneys general of those states. Technical guidance for 39 employers released by the U.S. Equal Employment Opportunity Commission 40 (EEOC) in December should not be understood to undermine employee 41 constitutional rights. State legislative bodies must practice oversight 42 of such federal assistance consistent with their enumerated powers. 43 Out-of-state commercial vendors, including Ticketmaster, cannot require 44 venue operators and organizers to mandate proof of vaccination from 45 concertgoers and other paying customers before freely entering a venue 46 on private or public property. K-12 vaccinations cannot be required 47 without certain clear and consistent exemptions applied, among them 48 medical and conscience clauses, or risk forfeiting a district's or 49 school board's authority in the State of New York to authorize such a 50 mandate, nor can a vaccine mandate for these populations be a factor in 51 state school-aid funding. Interstate carriers such as airlines and all 52 forms of public transit calling for so-called "vaccine passports" as a 53 condition of entry cannot be allowed to operate with state licensure and 54 waivers. 55 § 2. The public health law is amended by adding a new section 2169 to 56 read as follows:
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1 § 2169. Vaccine bill of rights. 1. No persons will be mandated, 2 coerced, forced or pressured to take an experimental or "investigation- 3 al" medication. 4 2. All persons reserve the right, at all times, to determine what is 5 in their own best medical interest without threat to their livelihood, 6 schooling, or freedom of movement. 7 3. No physician or nurse shall be asked by an employer to promote a 8 COVID-19 vaccine. 9 4. All healthcare providers must attest that they are aware of the 10 VAERS database and their professional obligation to check it regularly 11 and share information about VAERS with each vaccine recipient. All 12 persons will be informed of the specific vaccine they are receiving. 13 5. All persons must be given access to independent information to help 14 them determine what is in their own best medical interest, including the 15 risk of death based upon age/condition from contracting the virus 16 naturally. This must include information from sources that are independ- 17 ent of a conflict of interest. For example, pharmaceutical companies 18 have an inherent conflict of interest, as do government or quasi-govern- 19 ment institutions. Such information can be included but cannot be the 20 sole source of information. 21 6. The frail elderly are additionally entitled to a knowledgeable, 22 independent advocate with medical training to help them determine their 23 own medical interest. 24 7. Private businesses operating within the state have no legal author- 25 ity to require or mandate or coerce medication or experimental medica- 26 tion for any persons. 27 § 3. The education law is amended by adding a new section 6509-f to 28 read as follows: 29 § 6509-f. Failure to immunize not professional misconduct. 1. 30 Notwithstanding any other provision of law to the contrary, it shall not 31 be considered professional misconduct pursuant to this subarticle for 32 any person who is licensed under title eight of this chapter to: 33 a. fail to immunize any patient under their care if such patient 34 refuses or a person in parental relation to a child refuses consent to 35 immunization of such child; 36 b. provide a certification that any immunization may be detrimental to 37 a patient's health if, in his or her professional judgment, such immuni- 38 zation poses a risk to such patient; or 39 c. provide any treatment or care to a patient who has not received any 40 immunizations required by law. 41 2. No person who is licensed under title eight of this chapter shall 42 be subject to any proceedings, including investigations, for misconduct 43 for any actions set forth in subdivision one of this section. 44 § 4. Subdivision 8 of section 2164 of the public health law, as 45 amended by chapter 401 of the laws of 2015, is amended to read as 46 follows: 47 8. If any physician licensed to practice medicine in this state certi- 48 fies that such immunization may be detrimental to a child's health, the 49 requirements of this section shall be inapplicable until such immuniza- 50 tion is found no longer to be detrimental to the child's health. A 51 certification by a physician under this subdivision shall not be subject 52 to review by any department, public officer or board. 53 § 5. Paragraph (c) of subdivision 1 of section 2805-h of the public 54 health law, as amended by chapter 266 of the laws of 2006, is amended to 55 read as follows:
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1 (c) If any physician licensed to practice medicine in this state 2 certifies that such immunization may be detrimental to a child's health, 3 the requirements of this section shall be inapplicable until such immun- 4 ization is found no longer to be detrimental to the child's health. A 5 certification by a physician under this paragraph shall not be subject 6 to review by any department, public officer or board. 7 § 6. The labor law is amended by adding a new section 200-b to read as 8 follows: 9 § 200-b. Limitation on liability for employers and employees during 10 COVID-19 pandemic. 1. For purposes of this section, the following terms 11 shall have the following meanings: 12 (a) "Covered entity" shall mean one or more individuals, business 13 trusts, legal representatives, corporations, companies, associations, 14 firms, partnerships, societies, joint stock companies, universities, 15 schools, not-for-profit organizations, religious organizations or any 16 organized group of such entities. 17 (b) "Good faith" shall mean making reasonable efforts to act in 18 compliance with (i) applicable guidance from a federal, state, local, 19 territorial or tribal public health authority; or (ii) appropriate 20 professional or industry standards, recommendations or guidance. 21 (c) "Serious bodily injury" shall mean (i) death or injury requiring 22 in-patient hospitalization of at least forty-eight hours; (ii) permanent 23 impairment of a bodily function; or (iii) permanent damage to a body 24 structure. 25 2. Notwithstanding any other provision of law and except as provided 26 in subdivision three of this section, no covered entity, as defined by 27 paragraph (a) of subdivision one of this section, shall be liable in any 28 civil action for the spread or possible transmission of COVID-19 caused 29 by an act or omission of such covered entity acting in good faith in the 30 workplace. 31 3. Subdivision two of this section shall not apply if harm to another 32 individual is shown, by clear and convincing evidence, to be caused by 33 an act or omission constituting willful or criminal misconduct, reckless 34 misconduct, gross negligence, or a conscious flagrant indifference to 35 the rights or safety of the individual harmed by such covered entity. 36 For purposes of this section, infection with COVID-19 shall not be the 37 basis for damages arising from bodily injury, except to the extent that 38 such injury is serious bodily injury. 39 § 7. The public health law is amended by adding a new section 2183 to 40 read as follows: 41 § 2183. Novel coronavirus/COVID-19; immunization. 1. No immunization 42 used for the purposes of inducing immunity against COVID-19 in humans in 43 this state shall be made a mandatory immunization. No person shall be 44 required to receive such vaccine. 45 2. No child under the age of eighteen shall be required to receive 46 such vaccine against COVID-19 unless a person in a parental relation to 47 such child requests and consents to have the child vaccinated. For the 48 purpose of this subdivision the term "person in parental relation to a 49 child" shall have the same meaning as set forth in section twenty-one 50 hundred sixty-four of this article. Prior to administering the immuni- 51 zation every health care provider or practitioner shall provide a list 52 of ingredients contained in the vaccine as provided by the manufacturer 53 product insert and all potential side effects as indicated by industry 54 studies. 55 3. No incapacitated person shall be required to receive such immuniza- 56 tion against COVID-19 unless a person who is the legal guardian of such
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1 incapacitated person chooses to have the incapacitated person vaccinat- 2 ed. For the purposes of this subdivision: (a) the term "incapacitated 3 person" shall mean any person over the age of eighteen who is unable to 4 make or communicate decisions affecting their physical health, safety, 5 or self-care; and (b) the term "legal guardian" shall mean and include 6 any person who is over the age of eighteen and designated by an incapac- 7 itated person prior to incapacitation as their legal guardian or a 8 person legally appointed by a court as guardian of such incapacitated 9 person. 10 4. No immunization against COVID-19 shall be required for: 11 (a) attendance by students or employment of teachers and staff at any 12 public or private educational institution or day care facility; 13 (b) travel to or from any location, including other states or coun- 14 tries; 15 (c) receipt of any government services; 16 (d) entrance into public buildings; 17 (e) employment or continued employment in any business or not-for-pro- 18 fit organization; or 19 (f) use of public transportation. 20 5. (a) No governmental entity shall provide any special privileges or 21 financial rewards to any individual for receiving immunization against 22 COVID-19. 23 (b) No health care provider or practitioner which administers vaccine 24 shall be offered any incentive or compensation to achieve targeted 25 vaccination rates. 26 (c) No insurance company or other entity that could profit from the 27 sale of COVID-19 vaccines shall provide any funding, incentives or 28 advertising to any party to increase sales of a COVID-19 vaccine. 29 6. No nursing home, state-sponsored group home for adults or children 30 or any other group home shall require immunization against COVID-19 as a 31 condition of residency. 32 7. No person shall be required to have, carry or present evidence of 33 having received immunization against COVID-19. 34 § 8. Paragraph a of subdivision 1 of section 2164 of the public health 35 law, as amended by chapter 401 of the laws of 2015, is amended to read 36 as follows: 37 a. The term "school" means and includes any public[, private or paro- 38 chial child caring center, day nursery, day care agency, nursery 39 school,] pre-kindergarten, kindergarten, elementary, intermediate or 40 secondary school. 41 § 9. This act shall take effect immediately.