§ 49.05 Admissions.
(a) Immediately prior to admission to school, or as soon as possible after admission, each child shall have a thorough medical examination by a licensed physician or by a physician's associate or specialist's assistant who is duly registered pursuant to § 65.31 of the Education Law and is authorized to conduct such examination pursuant to regulations promulgated by the State Commissioner of Health. The examining professional shall furnish to the school a signed statement containing a summary of the results of the examination, the past medical history and, if a disease or abnormal condition is found, recommendations for exclusion or treatment of the child, or modification of his activities, or plans for the health supervision of a handicapped child.
(b) If a child does not present the statement prescribed by subsection (a) at the time of admission, the person in charge of the school shall promptly notify his parents or guardian that unless the child is examined by a private licensed physician or a duly authorized private physician's associate or a duly authorized private specialist's assistant, and a statement is presented pursuant to subsection (a) of this section within ten days, a medical examination of the child will be made by the school physician, school physician's associate or school specialist's assistant. If, ten days after the sending of such notice, the required statement is not received, the person in charge shall notify the school physician, physician's associate or specialist's assistant who shall then examine the child.
(c) Immunizations.
(1) All children must be immunized against diphtheria, tetanus, pertussis, poliomyelitis, measles, mumps, rubella, varicella, hepatitis B, pneumococcal disease and haemophilus influenzae type b (Hib), in accordance with New York State Public Health Law § 2164, or successor law. Exemption from specific immunizations may be permitted if the immunization may be detrimental to the child's health, in accordance with New York State Public Health Law § 2164. Documentation of immunizations and exemptions must be kept on site for inspection.
(2) No principal, teacher, owner, or person in charge of a school shall permit any child to attend such school without appropriate documentation of the immunizations required pursuant to paragraph (1) of this subdivision, except as provided for in this subdivision or pursuant to New York State Public Health Law § 2164 or successor law.
(3) All children must have such additional immunizations as the Department may require.
(4) The principal, owner, or person in charge of a school must report to the Department all requests for exemption made pursuant to paragraph (1) of this subdivision in a manner and form prescribed by the Department. Upon submission of an exemption request and pending Department determination, the child may attend school. If upon review of the documents submitted and any additional documentation provided to the Department, the Department determines that the exemption request is not valid insofar as it is not in accordance with the Center for Disease Control's Advisory Committee on Immunization Practices guidelines or other nationally recognized evidence-based guidelines, the principal, owner, or person in charge of a school must not allow the child to attend the school unless appropriate documentation is provided that such child has received the immunizations required pursuant to paragraph (1) of this subdivision.
(Amended City Record 12/26/2019, eff. 1/25/2020)
