S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1269
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  M. of A. SCHIMEL -- Multi-Sponsored by -- M. of A. COOK,
         CROUCH, GIGLIO,  GLICK,  GOTTFRIED,  GUNTHER,  HOOPER,  HOYT,  JACOBS,
         JAFFEE,  McDONOUGH,  PAULIN,  PHEFFER -- read once and referred to the
         Committee on Health
       AN ACT to amend the public health law, in relation to administration  of
         the hepatitis B immunization to minors
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The public health law is amended by adding  a  new  section
    2  2504-a to read as follows:
    3    S  2504-A. HEPATITIS B IMMUNIZATION OF A MINOR. 1. A HEALTH CARE PRAC-
    4  TITIONER MAY ADMINISTER IMMUNIZATION AGAINST HEPATITIS  B  TO  A  PERSON
    5  UNDER  THE AGE OF EIGHTEEN YEARS WITHOUT THE CONSENT OR KNOWLEDGE OF THE
    6  PARENTS OR GUARDIAN OF SUCH PERSON,  IF  SUCH  PERSON  HAS  CAPACITY  TO
    7  CONSENT AND CONSENTS TO THE IMMUNIZATION.
    8    2. FOR THE PURPOSES OF THIS SECTION:
    9    (A)  THE TERM "HEALTH CARE PRACTITIONER" SHALL MEAN A PERSON LICENSED,
   10  CERTIFIED OR OTHERWISE AUTHORIZED TO PRACTICE UNDER TITLE EIGHT  OF  THE
   11  EDUCATION LAW, ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE; AND
   12    (B) THE TERM "CAPACITY TO CONSENT" SHALL MEAN AN INDIVIDUAL'S ABILITY,
   13  DETERMINED  WITHOUT  REGARD  TO  THE INDIVIDUAL'S AGE, TO UNDERSTAND AND
   14  APPRECIATE THE NATURE AND CONSEQUENCES OF THE PROPOSED IMMUNIZATION, AND
   15  TO MAKE AN INFORMED DECISION CONCERNING THE IMMUNIZATION.
   16    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01525-01-1