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Clarifying New York City's Flu Vaccine Mandate for Day Care and Preschool

Location: NY
Title: Clarifying New York City's Flu Vaccine Mandate for Day Care and Preschool
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There has been some recent confusion for parents in New York City who have young children over whether or not their children have to receive a flu vaccine to attend day care or preschool because the rest of the children in New York don’t have to be vaccinated for flu.

Here are the facts to help clarify the confusion:

YES, New York City has Flu Vaccine Requirements for certain children.

Between July 1 and December 31 of each year, all children who are between the ages of 6 months and 59 months and attending a New York City licensed day care, Head Start, pre-K or nursery school, must receive one dose of flu vaccine.  This is in addition to state vaccine requirements.

N.Y. Court of Appeals Upholding Mandated Flu Vaccines for Daycare and Preschool Children

New York Court of Appeals Opinion on NYC Flu Vaccine Mandate

HOWEVER, the state of New York has religious and medical exemptions for all required vaccines and this applies to the New York City flu vaccine requirement as well.  Please note that the law requires religious beliefs to be sincere and genuine, and that the rule allows for the principal or person in charge to require additional information for medical and religious exemptions.  See links below for the law and the rule that applies.

New York State (NYS) Public Health Law Section 2164

New York Codes, Rules and Regulations (NYCRR) Title 10, Subpart 66-1


Created By: Dawn
Create Date: 1/11/2019
Publish Date: 1/11/2019
Expires: 12/31/2019
Type: News
Location: NY
Module Id: 1397
Item Id: 1259

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