STATE OF NEW JERSEY
219th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Sponsored by:
Assemblyman JOHN DIMAIO
District 23 (Hunterdon, Somerset and Warren)
SYNOPSIS
Provides for medical exemption from influenza vaccination based on allergy to any vaccine ingredient.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning medical exemptions from influenza vaccination for certain children and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A child shall be exempt from the requirement to receive the influenza vaccine as a condition of attendance at a child care center or preschool facility if the child’s parent or guardian presents to the center or facility a written statement by a licensed physician, advanced practice nurse, or physician assistant indicating that the vaccine is medically contraindicated because the child is allergic to eggs or any other ingredient contained within the vaccine.
b. In the event of an actual or threatened outbreak of influenza among children attending a child care center or preschool facility, the center or facility may exclude from attendance a child who has been exempted from the influenza vaccination requirement pursuant to subsection a. of this section.
2. The Commissioner of Health, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations as necessary to effectuate the purposes of this act.
3. This act shall take effect on the first day of the fourth month next following the date of enactment, but the Commissioner of Health may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill would exempt a child from the requirement to receive the influenza vaccine as a condition of attendance at a child care center or preschool facility if the child’s parent or guardian presents to the center or facility a written statement by a licensed physician, advanced practice nurse, or physician assistant indicating that the vaccine is medically contraindicated because the child is allergic to eggs or any other ingredient contained within the vaccine.
The bill provides that, in the event of an actual or threatened outbreak of influenza among children attending a child care center or preschool facility, the center or facility may exclude from attendance a child who has been exempted from the influenza vaccination requirement pursuant to the bill.
The bill takes effect on the first day of the fourth month following enactment, but authorizes the Commissioner of Health to take prior administrative action as necessary for its implementation.