Current through Register Vol. 46, No. 39, September 25, 2024
As used in this Subpart, unless the context otherwise
requires:
(a)
School
means and includes a public, private or parochial child-caring center, day-care
agency providing day care of children as defined in this section, nursery
school as defined in this section, kindergarten, and any elementary,
intermediate or secondary class or school building.
(b)
Child means and includes
any person between the ages of two months and 18 years.
(c)
Day care of children
means:
(1) outside the City of New York, care
provided children away from the child's residence, for less than 24 hours per
day in a licensed child day care center or a group family day care, for
compensation or otherwise, for at least three hours a day;
(2) in the City of New York, any service
which, during all or part of the day, regularly gives care to six or more
children, not of common parentage, who are under six years of age, whether or
not the care is given for compensation and whether or not it has a stated
educational purpose. The total number of children receiving care shall be
counted, including children or foster children of the owner or person in
charge, in determining the applicability of this definition. The term shall
not, however, include a service which gives care to children for five or less
hours a week or a service which operates for one month a year or
less.
(d)
Nursery school means a place, other than one providing day
care of children as defined in this section, in which organized instruction is
provided for children prior to entering any public or non-public
school.
(e)
Health
practitioner means any person authorized by law to administer an
immunization. This includes a physician, nurse practitioner, nurse-midwife
caring for a pregnant student, registered nurse, licensed practical nurse under
the direction of a registered nurse, or physician's assistant.
(f)
Fully immunized means
that an adequate dosage and number of doses of an immunizing agent licensed by
the United States Food and Drug Administration has been received commensurate
with the child's age, or the child has been demonstrated to have immunity as
defined in this section
(1) For those
immunizations required by section 2164 of the Public Health Law only, the
number of doses that a child shall have at any given age, and the minimum
intervals between these doses, shall be in accordance with the Advisory
Committee on Immunization Practices Recommended Child and Adolescent
Immunization Schedule for ages 18 years or younger, issued by the Advisory
Committee on Immunization Practices (ACIP) as referenced in Chapter 35 of the
Laws of 2019 and posted on the Centers for Disease Control and Prevention
website. Any child who completed an immunization series following minimum
intervals prescribed in an ACIP Recommended Immunization Schedule pre-dating
February 2019 shall continue to be deemed in compliance as long as the number
of vaccine doses the child received conforms to the current ACIP Recommended
Immunization Schedule.
(i) For all
vaccinations, except as provided in subparagraphs (ii) through (vii) of this
paragraph, children shall be assessed upon school entry or attendance, and
annually thereafter, and be fully immunized commensurate with their
age.
(ii) Any child who has
satisfied the immunization requirements in effect in regulation on June 30,
2014, entering twelfth grade (or comparable age level grade equivalents) in the
2019-2020 school year only, shall be deemed in compliance with the immunization
requirements set forth in this section, including those set forth in
subparagraphs (iii) through (vi) of this paragraph, until such child graduates
from school; provided, however, that such child shall comply with the
meningococcal vaccination requirement set forth in subparagraph (vii) of this
paragraph.
(iii) Any child entering
or attending kindergarten through twelfth grade must have received the
following vaccine doses, with the minimum intervals between these doses as
established by the Advisory Committee on Immunization Practices Recommended
Child and Adolescent Immunization Schedule for ages 18 years or younger:
(a) Two adequate doses of measles containing
vaccine, two adequate doses of mumps containing vaccine, and at least one
adequate dose of rubella containing vaccine; and
(b) Five adequate doses of diphtheria and
tetanus toxoids and acellular pertussis vaccine. If, however, the fourth dose
of diphtheria and tetanus toxoids and acellular pertussis vaccine was given at
48 months of age or older, only four adequate doses of vaccine are required.
The final dose of vaccine must be received no sooner than 48 months of age.
Doses given after age seven should start with one dose of Tdap.
(iv) Four adequate doses of
poliomyelitis vaccine. If, however, the third adequate dose of poliomyelitis
vaccine was given at 48 months of age or older, only three adequate doses of
vaccine are required. The final dose of vaccine must be received no sooner than
48 months of age. Beginning on or after September 1, 2016, children shall be
assessed upon entry or attendance to child-caring centers, day-care agencies,
nursery schools and pre-kindergarten programs and must be fully immunized
against poliomyelitis commensurate with their age.
(v) Two adequate doses of varicella
vaccine.
(vi) By entry to sixth
grade or a comparable age level grade equivalent, any child 11 years of age or
older must have received one dose of a booster immunization containing tetanus
and diphtheria toxoids and acellular pertussis vaccine.
(vii) For meningococcal vaccination,
beginning on and after September 1, 2016, children shall be assessed upon entry
or attendance to seventh grade, or a comparable age level grade equivalent, and
must have received one adequate dose of vaccine upon such entry or attendance.
Children shall be assessed upon entry or attendance to twelfth grade, or a
comparable age level grade, and must have received two adequate doses of
meningococcal vaccine upon such entry or attendance. If, however, the first
dose of meningococcal vaccine was given at 16 years of age or older, then only
one adequate dose of meningococcal vaccine is required for twelfth
grade.
(2) If a child is
not fully immunized, catch-up immunization must then take place according to
the Advisory Committee on Immunization Practices Recommended Child and
Adolescent Immunization Schedule for ages 18 years or
younger.
(g)
Immunity means that:
(1) for
measles, mumps, and rubella, a child has had a positive serologic test, as
defined in subdivision (h) of this section, for those diseases, or laboratory
confirmation of disease, as defined in subdivision (k) of this section;
(2) for varicella, a child has
either had a positive serologic test, as defined in subdivision (h) of this
section; laboratory confirmation of disease, as defined in subdivision (k) of
this section; or had the disease as verified by a physician, nurse
practitioner, or physician's assistant statement;
(3) for hepatitis B, a child has had a
positive serologic test, as defined in subdivision (h) of this section;
or
(4) for poliomyelitis, positive
serologic tests, as defined in subdivision (h) of this section, for all three
serotypes of poliomyelitis, performed prior to September 1, 2019. Serologic
tests against poliomyelitis performed on or after September 1, 2019 will not be
accepted in place of poliomyelitis vaccination.
(h)
Serologic test means a
positive blood test for Immunoglobulin G (IgG) or for hepatitis B, a blood test
for hepatitis B surface antibody, as determined by the testing lab's criteria.
Serology results reported as equivocal are not acceptable proof of immunity. A
positive serologic test can be accepted in place of vaccination only for the
following diseases: measles, mumps, rubella, varicella, hepatitis B and all
three serotypes of poliomyelitis found in the polio vaccines.
(i)
Age appropriate means
that vaccine doses administered within four calendar days of the recommended
minimum age or interval will be considered valid.
(j)
In process means that:
(1) a child has received at least the first
dose in each immunization series required by section 2164 of the Public Health Law (except in
the case of live vaccines in which a child should wait 28 days after one live
vaccine administration before receiving another live vaccine, if the vaccines
were not given on the same day) and has age appropriate appointments to
complete the immunization series according to the Advisory Committee on
Immunization Practices Recommended Child and Adolescent Immunization Schedule
for ages 18 years or younger; or
(2) a child has had blood drawn for a
serologic test and is awaiting test results within 14 days after the blood
draw; or
(3) a child's serologic
test(s) are negative, and therefore the child in question has appointments to
be immunized within 30 days of notification of the parent/guardian to complete,
or begin completion, of the immunization series based on the Advisory Committee
on Immunization Practices Recommended Child and Adolescent Immunization
Schedule for ages 18 years or younger.
(4) Children who are not fully immunized can
only continue to attend school if they are in the process of completing the
immunization series based on the Advisory Committee on Immunization Practices
Recommended Child and Adolescent Immunization Schedule for ages 18 years or
younger. If a child does not receive subsequent doses of vaccine in an
immunization series according to the age appropriate ACIP catch-up schedule,
including at appropriate intervals, the child is no longer in process and must
be excluded from school within 14 days after the minimum interval identified by
the ACIP catch-up schedule, if not otherwise exempt in accordance with section
66-1.3
of this Subpart.
(k)
Laboratory confirmation of disease means, for measles, mumps,
rubella or varicella, a positive laboratory test, either culture or polymerase
chain reaction, detecting either the virus or viral-specific nucleic acid in a
clinical specimen from the child or, for measles or rubella, a positive blood
test for Immunoglobulin M (IgM) where such positive laboratory test is not
otherwise explained by recent vaccination.
(l)
May be detrimental to the child's
health means that a physician has determined that a child has a
medical contraindication or precaution to a specific immunization consistent
with ACIP guidance or other nationally recognized evidence-based standard of
care
(m)
Attend or
admit means enrolled in, or admitted to, a school for the purpose of
participating in or receiving services at such school, including but not
limited to special education or related services, participating in
intra-scholastic or interscholastic sports, or other school-sponsored events or
activities; or being transported on a school bus or vehicle with other school
children; except where such services, transportation, events, or activities are
open to the general public
