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A1823 was introduced in the Assembly and referred to the Assembly Health Committee on 1/9/2024. This bill is sponsored by Assemblyman Herb Conaway Jr.
A1823 requires annual influenza vaccine for public and private K-12 school students, preschools, child care centers, and institutions of higher education in the State of New Jersey.
A1823 adds a new section of code to the New Jersey Annotated Statutes Title 18A, related to education, that requires the Commissioner of Health to require each child in the State to annually receive a vaccination for influenza as a condition of enrollment and continued attendance at a public or private K-12 school, preschool, or child care center. This new section of code also requires students attending higher education institutions to receive an annual influenza vaccine as a condition of enrollment and continued attendance at a public or private institution of higher education in the State. The bill sections are summarized as follows:
SECTION 2. a. Requires the Commissioner of Health to require each child in the State to receive a vaccination for influenza as a condition of the child's enrollment and continued attendance at a public or private K-12 school, preschool, or child care center.
b. Commencing with the 2020-2021 school year, (1) a principal, director, or other person in charge of a pubic or private school in New Jersey is prohibited from knowingly admitting or retaining in grades K-12 a child whose parent or guardian has failed to submit proof of annual influenza vaccination by December 31 of the relevant school year; and (2) an executive director, administrator, or other person in charge of a preschool or child care center is prohibited from knowingly admitting or retaining a child whose parent or guardian failed to submit proof of annual influenza vaccination by December 31 of the relevant school year.
c. Provides for exemptions to a vaccination pursuant to this section if (1) a written statement is provided by the child's physician stating that the vaccine is medially contraindicated for a specific period of time and specific reasons for the medical contraindication, which must be valid reasons as determined by the commissioner; or (2) a written statement is submitted to the K-12 school, preschool, or child care center by the student or student's parent or guardian if the student is a minor explaining how the vaccine conflicts with the bona fide religious tenets or practices of the student or the student's parent or guardian. A general philosophical or moral objection to the vaccination will not be sufficient for an exemption on religious grounds.
SECTION 3. a. Requires the Commissioner of Health to require each student enrolled in a degree program at a public or private institution of higher education in New Jersey to receive an annual influenza vaccine as a condition of enrollment and continued attendance.
b. Commencing with the 2020-2021 school year, an administrator or other person in charge of an institution of higher education in New Jersey is prohibited from knowingly admitting or retaining a student who has not submitted proof of annual influenza vaccine by December 31 of the relevant school year.
c. Provides for exemptions to a vaccination pursuant to this section if (1) a written statement is provided by the child's physician stating that the vaccine is medially contraindicated for a specific period of time and specific reasons for the medical contraindication, which must be valid reasons as determined by the commissioner; or (2) a written statement is submitted to the institution of higher education by the student or student's parent or guardian if the student is a minor explaining how the vaccine conflicts with the bona fide religious tenets or practices of the student or the student's parent or guardian. A general philosophical or moral objection to the vaccination will not be sufficient for an exemption on religious grounds.
SECTION 4. Requires the Commissioner of Health to adopt rules and regulations (including which medical contraindications are to be considered "valid reasons" for a medical exemption), pursuant to the "Administrative Procedure Act," §52:14B-1, as may be necessary to implement the provisions of this act.
If passed, A1823 will become effective immediately.
NVIC OPPOSES A1823 because it mandates a pharmaceutical product with known risks as a condition of school, preschool, child care, and higher education attendance. This bill removes the ability for a student, parent, or guardian to provide informed consent without coercion, harassment, or penalty as the annual vaccine is required as a condition of enrollment and attendance. Establishing that a Commissioner is designated to make determination on whether a parent's religious belief is "bona fide" violates the religious protections granted in the US constitution. No person can determine whether another person's religious belief is valid. This sets a dangerous precedent. Children who do not qualify for or cannot obtain a medical or religious exemption will be forced to take this vaccine every year or risk losing access to a public or private education or child care. This bill will hurt families who are unable to vaccinate for conscientious reasons and are prohibited from obtaining an exemption and those who's medical exemption is not approved by the Commissioner of Health forcing them to find alternative schooling and child care options outside of public and private institutions. This leaves few options, including home education and church/parochial education which may not be an affordable option for some families. Additionally, allowing the Commissioner of Health to have the final say on all medical exemptions removes the doctor's autonomy and authority in treating their patient and violates the student's right to medical privacy by being forced to submit their private medical records to the State and having a State official with no knowledge of the child's medical history or family medical history decide if their specific contraindication is valid based on a predetermined list or an individual basis, as the law does not specify how the commissioner will decide the validity of each exemption. This bill sets a dangerous precedence for State-mandated and State-regulated medicine. NVIC opposes all vaccine mandates as all vaccines are pharmaceutical products that carry a risk of injury and even death and should not be a condition of receiving an education or child care.
https://www.njleg.state.nj.us/bill-search/2024/A1823 - text, status, and history of A1823
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