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. LBD05142-01-3A. 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.