The New school year has started off with some displeased parents due to a new law that’s been passed. A judge ruled that New York City facilities has mandated the influenza vaccination for 150,000 NYC students. Parents that have rejected this vaccine in the past are now left with little to no option.
There are only two exceptions that excuse a child from getting the vaccine- if the child’s doctor provides reason why it is detrimental to their patient’s health or if it goes against a parent’s religious beliefs. In all other cases, the State of New York Court of Appeals decided that New York City has the authority to vaccinate children that are attending city-regulated childcare and school based programs.
This means that the Appeals Court’s unanimous decision in the 2013 proposition by the New York City Department of Health and Mental Hygiene will be ordered.
In 2015 parents of children attending NYC childcare and educational facilities sued the city because of the court order. They were outraged that the flu vaccine would be required. Their argument stated that the city’s health department did not have the authority to force the vaccine and that state law prevented the action.
Due to the severity of this past influenza season the Health Commissioner Dr. Mary T. Bassett said, “The severity of this reminds us of how deadly influenza can be. The influenza vaccine is the best protection against seasonal influenza for everyone.” According to the Centers for Disease Control and Prevention (CDC), 174 children died last year as a result of influenza. Dr. Basset stated that this law would protect 150,000 preschoolers from the possibility of catching a life threatening illness.
As a matter of state law, Public Health Law 2164 requires every child between the age of 2 months and 18 years to receive vaccines against various diseases. If a child isn’t vaccinated than the Public Health Law prohibits officials in charge of any public, private or parochial child caring center, day nursery, day care agency, nursery school, kindergarten, elementary, intermediate or secondary school, they can be prevented from attending.
The NYC charter empowers the city’s health department with jurisdiction to regulate all matters affecting health in the city of New York and to supervise the reporting and control of communicable and chronic disease and conditions hazardous to life and health.
This court ruling could make way to enforce other vaccination requirements in state regulated facilities.
Public health authorities would like everyone to get vaccinated. The goal is to get 80 percent of all Americans and 90 percent of people who are high risk for illnesses (the elderly and children) vaccinated every year. Last year only 60 percent of children and only 43 percent of adults were vaccinated during the flu season. Many believe this is the cause of wide spread illness.
Most pediatric offices carry the influenza vaccine but if yours doesn’t there are many big chain pharmacies that offer it at no cost or you can call 311 for a list of New York agencies that give it for free.
