1)      As used in this regulation, 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 child between the ages of two (2) months and eighteen (18) years and every child entering school.

c.       The term "person in parental relation to a child" shall mean and include his/her father or mother, by birth or adoption, his/her legally appointed  guardian or his/her custodian. A person shall be regarded as the custodian of a child if he/she 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, are living outside the state or their whereabouts are unknown, or have designated the person pursuant to General Obligations Law Title 15-A.

2)      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 as prescribed  by Public Health Law Section

2164.

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 him/her to administer the necessary immunization.

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 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  and  there  exists  no certificate  or  other  acceptable evidence  of the  child's required immunizations, the Principal 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 does not wish to select a health practitioner to administer the immunization, he/she shall be provided with a form which shall give notice that as a prerequisite to processing the application for admission to 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 school's registered professional 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 paragraphs 8) or 9) of this regulation apply to such child.