New York Consolidated Laws

N.Y. Public Health Law § 2164 (2026)

Definitions; immunization against poliomyelitis, mumps, measles, diphtheria, rubella, varicella, Haemophilus influenzae type b (Hib), per...

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§ 2164. Definitions; immunization against poliomyelitis, mumps,
measles, diphtheria, rubella, varicella, Haemophilus influenzae type b
(Hib), pertussis, tetanus, pneumococcal disease, meningococcal disease,
and hepatitis B. 1. As used in this section, unless the context requires
otherwise:
  a. The term "school" means and includes any public, private or
parochial child caring center, day nursery, day care agency, nursery
school, kindergarten, elementary, intermediate or secondary school.
  b. The term "child" shall mean and include any person between the ages
of two months and eighteen years.
  c. The term "person in parental relation to a child" shall mean and
include his father or mother, by birth or adoption, his legally
appointed guardian, or his custodian. A person shall be regarded as the
custodian of a child if he has assumed the charge and care of the child
because the parents or legally appointed guardian of the minor have
died, are imprisoned, are mentally ill, or have been committed to an
institution, or because they have abandoned or deserted such child or
are living outside the state or their whereabouts are unknown, or have
designated the person pursuant to title fifteen-A of article five of the
general obligations law as a person in parental relation to the child.
  d. The term "health practitioner" shall mean any person authorized by
law to administer an immunization.
  2. a. Every person in parental relation to a child in this state shall
have administered to such child an adequate dose or doses of an
immunizing agent against poliomyelitis, mumps, measles, diphtheria,
rubella, varicella, Haemophilus influenzae type b (Hib), pertussis,
tetanus, pneumococcal disease, and hepatitis B, which meets the
standards approved by the United States public health service for such
biological products, and which is approved by the department under such
conditions as may be specified by the public health council.
  b. Every person in parental relation to a child in this state born on
or after January first, nineteen hundred ninety-four and entering sixth
grade or a comparable age level special education program with an
unassigned grade on or after September first, two thousand seven, shall
have administered to such child a booster immunization containing
diphtheria and tetanus toxoids, and an acellular pertussis vaccine,
which meets the standards approved by the United States public health
service for such biological products, and which is approved by the
department under such conditions as may be specified by the public
health council.
  c. Every person in parental relation to a child in this state entering
or having entered seventh grade and twelfth grade or a comparable age
level special education program with an unassigned grade on or after
September first, two thousand sixteen, shall have administered to such
child an adequate dose or doses of immunizing agents against
meningococcal disease as recommended by the advisory committee on
immunization practices of the centers for disease control and
prevention, which meets the standards approved by the United States
public health service for such biological products, and which is
approved by the department under such conditions as may be specified by
the public health and planning council.
  3. The person in parental relation to any such child who has not
previously received such immunization shall present the child to a
health practitioner and request such health practitioner to administer
the necessary immunization against poliomyelitis, mumps, measles,
diphtheria, Haemophilus influenzae type b (Hib), rubella, varicella,
pertussis, tetanus, pneumococcal disease, meningococcal disease, and
hepatitis B as provided in subdivision two of this section.
  4. If any person in parental relation to such child is unable to pay
for the services of a private health practitioner, such person shall
present such child to the health officer of the county in which the
child resides, who shall then administer the immunizing agent without
charge.
  5. The health practitioner who administers such immunizing agent
against poliomyelitis, mumps, measles, diphtheria, Haemophilus
influenzae type b (Hib), rubella, varicella, pertussis, tetanus,
pneumococcal disease, meningococcal disease, and hepatitis B to any such
child shall give a certificate of such immunization to the person in
parental relation to such child.
  6. In the event that a person in parental relation to a child makes
application for admission of such child to a school or has a child
attending school and there exists no certificate or other acceptable
evidence of the child's immunization against poliomyelitis, mumps,
measles, diphtheria, rubella, varicella, hepatitis B, pertussis,
tetanus, and, where applicable, Haemophilus influenzae type b (Hib),
meningococcal disease, and pneumococcal disease, the principal, teacher,
owner or person in charge of the school shall inform such person of the
necessity to have the child immunized, that such immunization may be
administered by any health practitioner, or that the child may be
immunized without charge by the health officer in the county where the
child resides, if such person executes a consent therefor. In the event
that such person does not wish to select a health practitioner to
administer the immunization, he or she shall be provided with a form
which shall give notice that as a prerequisite to processing the
application for admission to, or for continued attendance at, the school
such person shall state a valid reason for withholding consent or
consent shall be given for immunization to be administered by a health
officer in the public employ, or by a school physician or nurse. The
form shall provide for the execution of a consent by such person and it
shall also state that such person need not execute such consent if
subdivision eight of this section applies to such child.
  7. (a) No principal, teacher, owner or person in charge of a school
shall permit any child to be admitted to such school, or to attend such
school, in excess of fourteen days, without the certificate provided for
in subdivision five of this section or some other acceptable evidence of
the child's immunization against poliomyelitis, mumps, measles,
diphtheria, rubella, varicella, hepatitis B, pertussis, tetanus, and,
where applicable, Haemophilus influenzae type b (Hib), meningococcal
disease, and pneumococcal disease; provided, however, such fourteen day
period may be extended to not more than thirty days for an individual
student by the appropriate principal, teacher, owner or other person in
charge where such student is transferring from out-of-state or from
another country and can show a good faith effort to get the necessary
certification or other evidence of immunization.
  (b) A parent, a guardian or any other person in parental relationship
to a child denied school entrance or attendance may appeal by petition
to the commissioner of education in accordance with the provisions of
section three hundred ten of the education law.
  8. If any physician licensed to practice medicine in this state
certifies that such immunization may be detrimental to a child's health,
the requirements of this section shall be inapplicable until such
immunization is found no longer to be detrimental to the child's health.
  8-a. Whenever a child has been refused admission to, or continued
attendance at, a school as provided for in subdivision seven of this
section because there exists no certificate provided for in subdivision
five of this section or other acceptable evidence of the child's
immunization against poliomyelitis, mumps, measles, diphtheria, rubella,
varicella, hepatitis B, pertussis, tetanus, and, where applicable,
Haemophilus influenzae type b (Hib), meningococcal disease, and
pneumococcal disease, the principal, teacher, owner or person in charge
of the school shall:
  a. forward a report of such exclusion and the name and address of such
child to the local health authority and to the person in parental
relation to the child together with a notification of the responsibility
of such person under subdivision two of this section and a form of
consent as prescribed by regulation of the commissioner, and
  b. provide, with the cooperation of the appropriate local health
authority, for a time and place at which an immunizing agent or agents
shall be administered, as required by subdivision two of this section,
to a child for whom a consent has been obtained. Upon failure of a local
health authority to cooperate in arranging for a time and place at which
an immunizing agent or agents shall be administered as required by
subdivision two of this section, the commissioner shall arrange for such
administration and may recover the cost thereof from the amount of state
aid to which the local health authority would otherwise be entitled.
  10. The commissioner may adopt and amend rules and regulations to
effectuate the provisions and purposes of this section.
  11. Every school shall annually provide the commissioner, on forms
provided by the commissioner, a summary regarding compliance with the
provisions of this section.

Notes of Decisions

Cited in 32 cases (12 in the last 5 years), 1971–2025 · leading case: Garcia v. New York City Dept. of Health & Mental Hygiene, 31 N.Y.3d 601 (NY 2018).

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Garcia v. New York City Dept. of Health & Mental Hygiene, 31 N.Y.3d 601 (NY 2018). · cites it 11× “As a matter of state law, Public Health Law § 2164 requires every child between the age of two months and 18 years to receive vaccines against certain enumerated diseases—namely, "poliomyelitis, mumps, measles, diphtheria, rubella, varicella, Haemophilus influenzae type b (Hib),…”

Matter of Kerri W.S. v. Zucker, 2021 NY Slip Op 07349 (N.Y. App. Div. 2021). · cites it 12× “Today, all parents in New York are required to vaccinate their children against certain specified diseases ( see Public Health Law § 2164 [2]), and no unvaccinated child may attend any school or day care, public or private, for more than 14 days ( see § 2164 [7] [a]).”

Matter of Baby Girl Z. (Yaroslava Z.), 140 A.D.3d 893 (N.Y. App. Div. 2016). · cites it 4× “The order, after a hearing, granted the application of the attorney for the children to direct that the subject children be immunized in accordance with Public Health Law § 2164. Ordered that the order is reversed, on the law and in the *894 exercise of discretion, without costs…”

Garcia v. New York City Dep't of Health & Mental Hygiene, 144 A.D.3d 59 (N.Y. App. Div. 2016). · cites it 6× “Public Health Law § 2164 (2) (a) requires all children, ages two months to 18 years, in public and private child care programs and schools, to be immunized against measles, mumps, rubella and other specified diseases.”

In re Isaac J., 75 A.D.3d 506 (N.Y. App. Div. 2010). · cites it 3× “), dated July 29, 2009, as, after a hearing, found that she had neglected the subject child and granted the motion of the Administration for Children’s Services to direct that the subject child be immunized in accordance with Public Health Law § 2164. Ordered that the order of…”

Bowden v. Iona Grammar Sch., 284 A.D.2d 357 (N.Y. App. Div. 2001). · cites it 7× “Beginning September 21, 1999, Iona refused to allow him to attend classes because he had not received the immunizations required by Public Health Law § 2164. The plaintiffs claimed a religious exemption from the immunization requirements as authorized by Public Health Law § 2164…”

Nassau Cnty. Dep't of Soc. Servs. v. R.B., 23 Misc. 3d 270 (N.Y.C. Fam. Ct. 2008). · cites it 5× “22, Public Health Law § 2164 (2) and Social Services Law § 383-b, for an order directing an evidentiary hearing to determine whether respondent qualifies for the religious exemption to mandatory immunization pursuant to Public Health Law § 2164 (9).”

Matter of John U. v. Sara U., 2021 NY Slip Op 03892 (N.Y. App. Div. 2021). · cites it 2× “After a June 2019 change in state law eliminated such religious exemptions for students ( see Public Health Law § 2164, as amended by L 2019, ch 35, § 1), and after the district's denial of the mother's requests for medical exemptions, the children were removed from their school…”

Caviezel v. Great Neck Pub. Schs., 701 F. Supp. 2d 414 (E.D.N.Y 2010). “Specifically, Public Health Law Section 2164(7) provides in part: (b) A parent, a guardian or any other person in parental relationship to a child denied school entrance or attendance may appeal by petition to the commissioner of education in accordance with the provisions of…”

Heffer v. Krebs, 2021 NY Slip Op 04542 (N.Y. App. Div. 2021). “Moreover, in light of the parties' express intention to maintain the child's enrollment in public education, and New York State's then newly enacted public school vaccine mandate requiring such inoculations in order for the child to continue to attend public school ( see Public…”

In re Christine M., 157 Misc. 2d 4 (N.Y.C. Fam. Ct. 1992). · cites it 2× “It is clear, therefore, that a parent’s knowing failure to provide such immunization, barring a bona fide religious exemption (Public Health Law § 2164 [9]), can constitute medical neglect within the meaning of the Family Court Act.”

Lynch v. Clarkstown Cent. Sch. Dist., 155 Misc. 2d 846 (N.Y. Sup. Ct. 1992). · cites it 7× “Krause (hereinafter collectively referred to as the District), to admit the infant plaintiff, Christie Lynch, to the Jesse Kaplan School without the immunizations mandated by Public Health Law § 2164. Supreme Court (Stolarik, J.”

Show all 32 citing cases →

— N.Y. Public Health Law § 2164(7) — 1 case

— N.Y. Public Health Law § 2164(8) — 3 cases

Maier v. Good, 325 F. Supp. 1268 (N.D.N.Y. 1971).

Colella v. Starpoint Cent. Sch. Dist. (W.D.N.Y. 2025).

Doe (E.D.N.Y 2025).

— N.Y. Public Health Law § 2164(9) — 3 cases

Matter of Shmuel G., 2004 NY Slip Op 50602(U) (N.Y. Fam. Ct., Kings Cty. 2004).

C.F. v. New York City Dept. of Health & Mental Hygiene, 2020 NY Slip Op 07867 (N.Y. App. Div. 2020).

Matter of Shmuel G. v. Rivka G., 2005 NY Slip Op 50120(U) (N.Y. Fam. Ct., Kings Cty. 2005).

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