SubPart 66-2 - Immunization against measles, mumps and rubella for post secondary students

Effective Date: 
Wednesday, September 26, 1990
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Section 2165

Section 66-2.1 - Definitions

Section 66-2.1 Definitions.

(a) "Institution" means a college, university or other institution for higher education authorized to confer degrees.

(b) "Student" means any person born on or after January 1, 1957, who is registered to attend or attends classes at an institution whether full-time or part-time. "Part-time student" means a student enrolled for at least six, but less than twelve semester hours, or the equivalent, per semester or at least four but less than eight semester hours per quarter in an approved degree or registered certificate program in a degree- granting institution. "Full-time student" means a student enrolled for twelve or more semester hours, or the equivalent, per semester or eight or more semester hours per quarter.

(c) "Immunization" means an adequate dose or doses of an immunizing agent against measles, mumps and rubella which meets standards approved by the United States public health service for such biological products and which is approved by the state department of health under such conditions as may be specified by the public health council.

(d) "Health Practitioner" means any person authorized by law to administer an immunization.

(e) "Attendance" means the physical presence of the student at the institution and shall begin on the first scheduled day of classes for a student each semester.

(f) "School" means a public, private or parochial elementary, intermediate or secondary school building.

(g) "Certificate of Immunization" means that document, prepared by the health practitioner who administers an immunization, which specifies the products administered and the dates of administration (See Public Health Law 2165(5).) It may also show physician-verified history of disease and/or laboratory evidence of immunity. "Certificate of Immunization" shall also mean an immunization record submitted by the institution or school which the student previously attended, which specifies the products administered and the dates of administration and whose source was a certificate of immunization from a health practitioner.
 

Effective Date: 
Wednesday, September 23, 1992
Doc Status: 
Complete

Section 66-2.2 - Requirements for attendance at an institution

66-2.2 Requirements for attendance at an institution.

(a) No institution shall permit any student to attend such institution unless the student has furnished to the institution the documentation in subdivision (b), (c), (d), or (e).

(b) A certificate of immunization that shows the student has:

(1) either:

(i) received two doses of live measles virus vaccine, the first dose administered after the age of 12 months and the second dose administered more than 30 days after the first dose but after 15 months of age; or

(ii) been diagnosed by a physician as having had measles disease; or

(iii) demonstrated serological evidence of measles antibodies; or

(iv) if the student is unable to provide a certificate of immunization that satisfies the requirements in (i), (ii) or (iii) above, documentation that proves the student attended primary or secondary school in the United States after 1980 will be sufficient proof that the student received one dose of live measles virus vaccine. If such documentation is provided, then the student must also provide a certificate of immunization that documents a dose of measles vaccine was administered within one year prior to attendance at the post-secondary institution; and

(2) either:

(i) received a single dose of live rubella virus vaccine administered after the age of 12 months; or

(ii) demonstrated serological evidence of rubella antibodies; and

(3) either:

(i) received a single dose of live mumps virus vaccine administered after the age of 12 months; or

(ii) been diagnosed by a physician as having had mumps disease; or

(iii) demonstrated serological evidence of mumps antibodies;

(c) A certificate of immunization that shows the student is in the process of completing the requirements of subdivision (b) and:

(1) has received at least one dose of live measles virus vaccine as required in subdivision (b); and

(2) has complied with the requirements in subdivision (b) for mumps and rubella; and

(3) has an appointment to return to a health practitioner for the remainder of the immunizations specified in subdivision (b), if this appointment is scheduled no more than 90 days since administration of the first dose of measles virus vaccine.

(d) If any licensed physician, licensed midwife (caring for a pregnant student), or nurse practitioner certifies in writing that one or more of the required immunizations may be detrimental to the student's health or is otherwise medically contraindicated, the requirements of subdivisions (b) and (c) shall be waived until such immunization is determined no longer to be detrimental to the student's health or otherwise medically contraindicated. This statement must specify those immunizations which may be detrimental and the length of time they may be detrimental.

(e) A written and signed statement from the student or in the event that the student is a minor, from their parent or guardian, that they hold sincere and genuine religious beliefs which prohibit immunization of the student. When a religious exemption is claimed, the institution may require supporting documents.
 

Doc Status: 
Complete

Section 66-2.3 - Time requirements for compliance

66-2.3 Time requirements for compliance. No institution shall permit any student to attend such institution in excess of thirty days without complying with section 66-2.2, except that for a student from out of state or another country who can show a good faith effort to comply with section 66-2.2 may attend the institution for 45 days. Prior to August 1, 1991, the applicable thirty and forty-five day periods shall be extended to sixty and ninety days, respectively.
 

Effective Date: 
Wednesday, September 26, 1990
Doc Status: 
Complete

Section 66-2.4 - Immunization for students not in compliance

66-2.4 Immunization for students not in compliance. In the event that a student registers at an institution and has not provided the documentation listed in section 66-2.2 (b) or (c) the institution shall:

(a) notify the student of the necessity to be immunized, and that such immunizations may be administered by a health practitioner or public health officer in the county where the student resides or in which the institution is located; and

(b) notify the student that immunization is required for attendance at the institution unless the student provides valid reason for lack of immunization due to medical or religious exemption according to section 66-2.2 (d) or (e).
 

Effective Date: 
Wednesday, September 26, 1990
Doc Status: 
Complete

Section 66-2.5 - Obligation of local health officer

66-2.5 Obligation of local health officer. If any student is unable to pay for the services of a private health practitioner, such student may present himself or herself to the health officer of the county in which such student resides, or the county in which the institution is located who shall then administer the immunization without charge.
 

Effective Date: 
Wednesday, September 26, 1990
Doc Status: 
Complete

Section 66-2.6 - Exclusion of susceptibles in the event of a disease outbreak

66-2.6 Exclusion of susceptibles in the event of a disease outbreak.

(a) In the event of an outbreak of measles, mumps or rubella in an institution, the commissioner may order the appropriate officials of the institution to exclude from attendance all students without documentation of immunity as specified in section 66-2.2 (b) or (c) and those who have been excused from immunization under section 66-2.2 (d) or (e).

(b) The exclusion shall continue until the commissioner determines that the danger of transmission has passed or until the documentation specified in section 66-2.2 (b) or (c) has been submitted.
 

Effective Date: 
Wednesday, September 26, 1990
Doc Status: 
Complete

Section 66-2.7 - Annual assessment of the immunization level of students attending the institution

66-2.7 Annual assessment of the immunization level of students attending the institution. The institution shall provide annually to the commissioner, on a form provided by the commissioner, a summary report of the immunization status of students attending the institution to whom this regulation applies. This report must be submitted by December 15 of each year.
 

Effective Date: 
Wednesday, September 26, 1990
Doc Status: 
Complete

Section 66-2.8 - Requirements for continued attendance

66-2.8 Requirements for continued attendance. Prior to August 1, 1991, this subpart shall not apply to part-time students. This Subpart shall also not apply to or any student who attended the institution he or she is attending prior to August 1, 1989.
 

Effective Date: 
Wednesday, September 26, 1990
Doc Status: 
Complete

Section 66-2.9 - Penalties

66-2.9 Penalties. A penalty for violation or failure to comply with any provision of this subpart may be assessed. (See Public Health Law Section 206.)

Effective Date: 
Wednesday, September 26, 1990
Doc Status: 
Complete