2167 - Immunization against meningococcal meningitis.

§  2167.  Immunization against meningococcal meningitis. 1. As used in  this section, unless the context requires otherwise:    a. The term "student" means a person attending an institution and,  in  the case of a student attending college, "student" means a person who is  registered  to  attend  or who attends classes at an institution, who is  enrolled for at least six semester hours or the equivalent per semester,  or at least four semester hours per quarter.    b. The term "institution" means an academy or college, as  defined  in  section  two  of  the  education  law, or a children's overnight camp as  defined in  section  one  thousand  three  hundred  ninety-two  of  this  chapter,  where  the  person attending such camp remains overnight for a  period of not fewer than seven days.    c. The term "immunization" means an  adequate  dose  or  doses  of  an  immunizing  agent  against  meningococcal  meningitis  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.    2. Each institution shall distribute, in a form provided  or  approved  by  the commissioner, written information about meningococcal meningitis  and meningitis immunization to all students. The information provided by  the institution shall include, but not be limited to, the following:    a. a description of the disease and means of transmission;    b. the benefits, risks, and effectiveness of immunization;    c. the availability and cost of immunization, including an  indication  of  whether  or  not  the  institution  offers  meningococcal meningitis  immunization services.    3. Each institution shall also  distribute,  in  a  form  provided  or  approved by the commissioner of health, a response form, to be completed  by the student or, where the student is under the age of eighteen years,  such student's parent or guardian, which shall include the following:    a.  The  student,  or if under the age of eighteen years the parent or  guardian of the student, certifies that the student has already received  immunization against  meningococcal  meningitis  within  the  ten  years  preceding the date of the response form;    b.  The  student,  or if under the age of eighteen years the parent or  guardian of such student, has  received  and  reviewed  the  information  provided  by  the  institution,  understands  the risks of meningococcal  meningitis and the benefits of immunization, and has  decided  that  the  student shall not obtain immunization against meningococcal meningitis.    The  student,  or  if  under  the  age of eighteen years the parent or  guardian of such student, shall indicate his or her decision in a box or  space placed appropriately on the form and shall  return  the  completed  form  to the institution. Nothing in this subdivision shall be construed  to prohibit an institution from incorporating the form required by  this  subdivision  into  another  health  certificate  or form required by the  institution.    4. Each institution shall maintain completed response forms.    5. No institution shall permit any student to attend  the  institution  in  excess of thirty days without complying with this section; provided,  however, that such thirty day period may be extended to  not  more  than  sixty days if a student can show a good faith effort to comply with this  section.    6. Nothing in this section shall be construed to prohibit institutions  from   adopting   or   maintaining  more  stringent  policies  regarding  immunization against meningococcal meningitis.