Immunization Laws and Regulations

Schools and Child Care Programs

New York State (NYS) Public Health Law Section 2164 and New York Codes, Rules and Regulations (NYCRR) Title 10, Subpart 66-1 require every student entering or attending public, private or parochial school in New York State (NYS) to be immune to diphtheria, tetanus, pertussis, measles, mumps, rubella, poliomyelitis, hepatitis B, varicella and meningococcal in accordance with Advisory Committee on Immunization Practices (ACIP) recommendations. In the 2020-21 school year, meningococcal immunization is required for grades 7 through 12.

Every child in day care, Head Start, nursery school or prekindergarten in NYS must be immune to diphtheria, tetanus, pertussis, measles, mumps, rubella, poliomyelitis, hepatitis B, varicella, Haemophilus influenzae type b (Hib), and pneumococcal disease.

Public Health Law Section 2164 provides for medical exemptions to immunization.

Full details on school and child care immunization requirements are available at New York State Immunization Requirements for School Entrance/Attendance (PDF).

Colleges, Universities, and other Post-Secondary Institutions

NYS Public Health Law Section 2165 and NYCRR Title 10, Subpart 66-2 require students attending post-secondary institutions, who were born on or after January 1, 1957 and registered for 6 or more credit hours, to demonstrate proof of immunity against measles, mumps, and rubella. Public Health Law Section 2165 provides for medical and religious exemptions to immunization.

Full details on post-secondary institution measles, mumps and rubella immunization requirements are available at New York State Public Health Law (PHL) Section 2165 Immunization Requirements for Students (PDF)

NYS Public Health Law Section 2167 requires post-secondary institutions to distribute, on a form provided or approved by the NYS Commissioner of Health, written information about meningococcal meningitis and meningococcal immunization to each student who is enrolled for at least 6 semester hours. This section also requires each such student to certify that they have already received immunization against meningococcal meningitis or that they have received and reviewed the information provided by the institution, understand the risks of meningococcal meningitis and the benefits of immunization, and have decided not to obtain the meningococcal vaccine.

Additional information on this requirement is available at Information for College/University Student Health Services.

Reporting to the Immunization Registry

NYS Public Health Law Section 2168 requires healthcare providers to report all immunizations administered to persons less than 19 years of age, along with the person's immunization history, to the New York State Immunization Information System (NYSIIS), for immunizations administered outside of New York City (NYC) or to the Citywide Immunization Registry (CIR), for immunizations administered within NYC. In addition, Public Health Law Section 2168 requires registered nurses and pharmacists, authorized to administer immunizations, to report immunizations administered to adults ages 19 years and older to NYSIIS or the CIR upon consent of the patient. Other healthcare providers may report immunizations administered to adults to NYSIIS or the CIR upon consent of the patient.

Additional information about NYSIIS is available at New York State Immunization Information System (NYSIIS).

Additional information about the CIR is available on the NYC Department of Health and Mental Hygiene website at NYC Citywide Immunization Registry (CIR).

Pharmacists as Immunizers

NYS Education Law Sections 6527, 6801, and 6909 permit licensed pharmacists, who obtain an additional certification, to administer influenza, pneumococcal, meningococcal, tetanus, diphtheria, pertussis and herpes zoster vaccinations to adults 18 years of age and older under either patient specific or non-patient specific orders. Pharmacists who administer vaccines must report doses administered to NYSIIS or the CIR according to NYS immunization registry reporting requirements as described above. In the event that an adult aged 19 years and older does not consent to registry reporting, then the pharmacist must report such administration to the patient's primary care practitioner and must also document the dose in the annual New York State Department of Health (NYSDOH) Certified Immunizer Survey.

Additional information about Pharmacists as Immunizers is available at Pharmacists as Immunizers.

Immunization Laws Regarding Healthcare Facilities and Agencies

By law or regulation

Laws According to Facility Type

Hospitals

Nursing Homes and Adult Day Health Care Programs

Adult Homes

Diagnostic and Treatment Centers

Certified Home Health Agencies, Long Term Health Care Programs and AIDS Home Care Programs

Licensed Home Care Services Agencies

Hospices