Bill Text: NY A04460 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires a parent, guardian or person in a parental relation to a child under the age of eighteen to be physically present when any immunization is administered to such child.

Spectrum: Partisan Bill (Republican 14-0)

Status: (Introduced) 2024-01-03 - referred to health [A04460 Detail]

Download: New_York-2023-A04460-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4460

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 16, 2023
                                       ___________

        Introduced  by M. of A. DURSO -- read once and referred to the Committee
          on Health

        AN ACT to amend the public health law, in relation to requiring a person
          in a parental relation to a child be  physically  present  during  any
          immunization

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of section 2504 of the public health law,  as
     2  added by chapter 769 of the laws of 1972, is amended to read as follows:
     3    1.  (a)  Any  person  who is eighteen years of age or older, or is the
     4  parent of a child  or  has  married,  may  give  effective  consent  for
     5  medical,  dental,  health  and hospital services for himself or herself,
     6  and the consent of no other person shall be necessary.
     7    (b) A parent, guardian or person in a parental  relation  to  a  child
     8  under the age of eighteen shall be physically present when any immuniza-
     9  tion  is  administered to such child unless the child: (i) is an emanci-
    10  pated minor; (ii) has been living separate and apart  from  any  parent,
    11  guardian,  or  person  in  a  parental relation to the child; (iii) is a
    12  runaway youth as defined in section five  hundred  thirty-two-a  of  the
    13  executive  law;  (iv)  is  a  homeless  youth as defined in section five
    14  hundred thirty-two-a of the executive law; (v) is enrolled in a  runaway
    15  and  homeless  youth  crisis  services program; (vi) is in a residential
    16  transitional independent living support program pursuant to section five
    17  hundred thirty-two-d of the executive law; (vii) is not under the super-
    18  vision or control of a parent, custodian, or legal guardian;  or  (viii)
    19  is  not  in  the  care  and custody of the office of children and family
    20  services.
    21    § 2.   Subdivision 1 of section 2504 of  the  public  health  law,  as
    22  amended  by  chapter  780  of  the  laws  of 2022, is amended to read as
    23  follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05142-01-3
        A. 4460                             2

     1    1. (a) Any person who is eighteen years of age or  older,  or  is  the
     2  parent  of  a child or has married, or is a runaway or homeless youth as
     3  defined in section five hundred thirty-two-a of the  executive  law,  or
     4  receives  services  at  an  approved  runaway  and homeless youth crisis
     5  services program or a transitional independent living support program as
     6  defined  in  section five hundred thirty-two-a of the executive law, may
     7  give effective consent for medical, dental, health and hospital services
     8  for themself, and the consent of no other person shall be necessary.
     9    (b) A parent, guardian or person in a parental  relation  to  a  child
    10  under the age of eighteen shall be physically present when any immuniza-
    11  tion  is  administered to such child unless the child: (i) is an emanci-
    12  pated minor; (ii) has been living separate and apart  from  any  parent,
    13  guardian,  or  person  in  a  parental relation to the child; (iii) is a
    14  runaway youth as defined in section five  hundred  thirty-two-a  of  the
    15  executive  law;  (iv)  is  a  homeless  youth as defined in section five
    16  hundred thirty-two-a of the executive law; (v) is enrolled in a  runaway
    17  and  homeless  youth  crisis  services program; (vi) is in a residential
    18  transitional independent living support program pursuant to section five
    19  hundred thirty-two-d of the executive law; (vii) is not under the super-
    20  vision or control of a parent, custodian, or legal guardian;  or  (viii)
    21  is  not  in  the  care  and custody of the office of children and family
    22  services.
    23    § 3. This act shall take effect immediately; provided,  however,  that
    24  section  two  of  this act shall take effect on the same date and in the
    25  same manner as such chapter of the laws of 2022 takes effect.