Bill Text: NY S07253 | 2013-2014 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to adult immunization registry; makes registered professional nurses and pharmacists authorized to administer immunizations "authorized users"; requires reporting of consent of the vaccinee.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2014-10-21 - SIGNED CHAP.420 [S07253 Detail]

Download: New_York-2013-S07253-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7253--A
           Cal. No. 873
                                   I N  S E N A T E
                                      May 7, 2014
                                      ___________
       Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Health -- reported favora-
         bly from said committee, ordered to first and second  report,  ordered
         to a third reading, amended and ordered reprinted, retaining its place
         in the order of third reading
       AN ACT to amend the public health law, in relation to adult immunization
         registry
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (a) of subdivision 2 and subdivision 3 of section
    2  2168 of the public health law, subdivision 3 as amended by section 7  of
    3  part A of chapter 58 of the laws of 2009, paragraph (a) of subdivision 2
    4  and paragraph (a) of subdivision 3 as amended by chapter 154 of the laws
    5  of 2013, are amended to read as follows:
    6    (a) The term "authorized user" shall mean any person or entity author-
    7  ized to provide information to or to receive information from the state-
    8  wide  immunization  information  system  and  shall  include health care
    9  providers and their designees, as  defined  in  paragraph  (d)  of  this
   10  subdivision,  schools  as  defined  in paragraph a of subdivision one of
   11  section twenty-one hundred sixty-four of this title, colleges as defined
   12  in section two of the education law, professional and technical  schools
   13  as  referred  to in the definition of higher education in section two of
   14  the education law, children's overnight camps and summer  day  camps  as
   15  defined  in  section  thirteen hundred ninety-two of this chapter, third
   16  party payer as defined in  paragraph  (f)  of  this  subdivision,  local
   17  health  districts  as  defined  by  paragraph  (c) of subdivision one of
   18  section two of this chapter, local social  services  districts  and  the
   19  office  of children and family services with regard to children in their
   20  legal custody, [and] WIC programs as defined in paragraph  (g)  of  this
   21  subdivision,  REGISTERED PROFESSIONAL NURSES, AND PHARMACISTS AUTHORIZED
   22  TO ADMINISTER IMMUNIZATIONS  PURSUANT  TO  SUBDIVISION  TWO  OF  SECTION
   23  SIXTY-EIGHT HUNDRED ONE OF THE EDUCATION LAW.  An authorized user may be
   24  located  outside  New  York  state.  An entity other than a local health
   25  district shall be an authorized user only with respect to a person seek-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14811-04-4
       S. 7253--A                          2
    1  ing or receiving a health care service from the health care provider,  a
    2  person  enrolled  or  seeking  to  be  enrolled  in the school, a person
    3  insured by the third party payer, a person in the custody of  the  local
    4  social  services district or the office of children and family services,
    5  or a person seeking or receiving services through WIC programs,  as  the
    6  case may be.
    7    3.  (a)  Any  health  care  provider  who administers any vaccine to a
    8  person less than nineteen years of age or, on or after September  first,
    9  two  thousand  nine, conducts a blood lead analysis of a sample obtained
   10  from a person under eighteen years of age in accordance  with  paragraph
   11  (h)  of subdivision two of this section; and immunizations received by a
   12  person less than nineteen years of  age  in  the  past  if  not  already
   13  reported,  shall  report  all  such immunizations and the results of any
   14  blood lead analysis to the department in  a  format  prescribed  by  the
   15  commissioner  within  fourteen  days of administration of such immuniza-
   16  tions or of obtaining the results  of  any  such  blood  lead  analysis.
   17  Health  care  providers administering immunizations to persons less than
   18  nineteen years of age in the city of New York shall report, in a  format
   19  prescribed  by  the  city  of New York commissioner of health and mental
   20  hygiene, all such immunizations to the citywide  immunization  registry.
   21  [The  commissioner,  and  for  the  city of New York the commissioner of
   22  health and mental hygiene, shall  have  the  discretion  to  accept  for
   23  inclusion in the system information regarding immunizations administered
   24  to  individuals  nineteen  years of age or older with the consent of the
   25  vaccinee.] Health care providers who conduct a blood lead analysis on  a
   26  person  under  eighteen  years of age and who report the results of such
   27  analysis to the city of New  York  commissioner  of  health  and  mental
   28  hygiene pursuant to New York city reporting requirements shall be exempt
   29  from  this  requirement for reporting blood lead analysis results to the
   30  state commissioner of health; provided,  however,  blood  lead  analysis
   31  data collected from physician office laboratories by the commissioner of
   32  health and mental hygiene of the city of New York pursuant to the health
   33  code  of  the  city of New York shall be provided to the department in a
   34  format prescribed by the commissioner.
   35    (b) (I) ANY HEALTH CARE PROVIDER WHO  ADMINISTERS  ANY  VACCINE  TO  A
   36  PERSON  NINETEEN  YEARS OF AGE OR OLDER, MAY REPORT, WITH THE CONSENT OF
   37  THE VACCINEE, ALL SUCH IMMUNIZATIONS  TO  THE  DEPARTMENT  IN  A  FORMAT
   38  PRESCRIBED BY THE COMMISSIONER WITHIN FOURTEEN DAYS OF ADMINISTRATION OF
   39  SUCH IMMUNIZATIONS. HEALTH CARE PROVIDERS ADMINISTERING IMMUNIZATIONS TO
   40  PERSONS  NINETEEN  YEARS  OF  AGE  OR  OLDER IN THE CITY OF NEW YORK MAY
   41  REPORT, WITH THE CONSENT OF THE VACCINEE, IN A FORMAT PRESCRIBED BY  THE
   42  CITY  OF  NEW  YORK  COMMISSIONER OF HEALTH AND MENTAL HYGIENE, ALL SUCH
   43  IMMUNIZATIONS TO THE CITYWIDE IMMUNIZATION REGISTRY.
   44    (II) A REGISTERED PROFESSIONAL NURSE, OR A PHARMACIST WHO  ADMINISTERS
   45  A VACCINE PURSUANT TO SUBDIVISION TWO OF SECTION SIXTY-EIGHT HUNDRED ONE
   46  OF  THE EDUCATION LAW, TO A PERSON NINETEEN YEARS OF AGE OR OLDER, SHALL
   47  REPORT, WITH THE CONSENT OF THE VACCINEE, ALL SUCH IMMUNIZATIONS TO  THE
   48  DEPARTMENT  IN  A  FORMAT PRESCRIBED BY THE COMMISSIONER WITHIN FOURTEEN
   49  DAYS OF ADMINISTRATION OF SUCH IMMUNIZATIONS.   REGISTERED  PROFESSIONAL
   50  NURSES  OR  PHARMACISTS ADMINISTERING IMMUNIZATIONS PURSUANT TO SUBDIVI-
   51  SION TWO OF SECTION SIXTY-EIGHT HUNDRED ONE OF  THE  EDUCATION  LAW,  TO
   52  PERSONS  NINETEEN  YEARS  OF  AGE OR OLDER IN THE CITY OF NEW YORK SHALL
   53  REPORT, WITH THE CONSENT OF THE VACCINEE, IN A FORMAT PRESCRIBED BY  THE
   54  CITY  OF  NEW  YORK  COMMISSIONER OF HEALTH AND MENTAL HYGIENE, ALL SUCH
   55  IMMUNIZATIONS TO THE CITYWIDE IMMUNIZATION REGISTRY.
       S. 7253--A                          3
    1    (C) The statewide immunization  information  system  shall  provide  a
    2  method for health care providers to determine when the registrant is due
    3  or  late  for  a recommended immunization and shall serve as a means for
    4  authorized users to receive prompt and accurate information, as reported
    5  to the system, about the vaccines that the registrant has received.
    6    S  2.  Paragraph  (c)  of  subdivision 8 of section 2168 of the public
    7  health law, as amended by section 7 of part A of chapter 58 of the  laws
    8  of 2009, is amended to read as follows:
    9    (c) health care providers and their designees, REGISTERED PROFESSIONAL
   10  NURSES,  AND PHARMACISTS AUTHORIZED TO ADMINISTER IMMUNIZATIONS PURSUANT
   11  TO SUBDIVISION TWO OF SECTION SIXTY-EIGHT HUNDRED ONE OF  THE  EDUCATION
   12  LAW  shall  have access to the statewide immunization information system
   13  and the blood lead information in  such  system  only  for  purposes  of
   14  submission  of  information  about  vaccinations  received by a specific
   15  registrant, determination of  the  immunization  status  of  a  specific
   16  registrant, determination of the blood lead testing status of a specific
   17  registrant,  submission  of  the results from a blood lead analysis of a
   18  sample obtained from a specific registrant in accordance with  paragraph
   19  (h)  of  subdivision  two  of this section, review of practice coverage,
   20  generation of reminder notices, quality improvement  and  accountability
   21  and  printing  a copy of the immunization or lead testing record for the
   22  registrant's medical record, for the registrant's parent or guardian, or
   23  other person in parental or custodial relation to  a  child,  or  for  a
   24  registrant upon reaching eighteen years of age.
   25    S 3. This act shall take effect immediately.