Bill Text: NY A06564 | 2019-2020 | General Assembly | Amended

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Bill Title: Permits any child who is at least fourteen years of age to have administered to himself or herself, regardless of parental consent, certain immunizations required or recommended by law.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2020-01-08 - referred to health [A06564 Detail]

Download: New_York-2019-A06564-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6564--C

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     March 12, 2019
                                       ___________

        Introduced  by M. of A. FAHY, BURKE, DINOWITZ, MAGNARELLI, HEVESI, DICK-
          ENS, EPSTEIN, McDONALD, CRUZ, WILLIAMS, SIMON, WALLACE, GLICK,  MOSLEY
          --  read  once  and  referred  to the Committee on Health -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- again reported from said  committee  with  amend-
          ments,  ordered reprinted as amended and recommitted to said committee
          --  again  reported  from  said  committee  with  amendments,  ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the public health law, in relation to the administration
          of vaccines to children who are at least fourteen years of age

          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  2167-a to read as follows:
     3    §  2167-a.  Administering  a vaccine to a minor; consent. 1.  A health
     4  care practitioner may administer a vaccine to a minor who  is  at  least
     5  fourteen  years  of  age  if  the  minor has the capacity to consent and
     6  provides informed consent to the administering of the vaccine.
     7    2. Prior to administering any vaccine under this section,  the  health
     8  care  practitioner  shall  consult  with and counsel the minor to ensure
     9  that the minor fully understands and appreciates the nature  and  conse-
    10  quences  of  receiving  the  vaccine, has the capacity to consent and is
    11  providing informed consent, and that the vaccine indicated for the minor
    12  is not contraindicated by the minor's medical history.
    13    3. For the purposes of this section:
    14    a.  "Health  care  practitioner"  means  a  health  care  practitioner
    15  licensed,  certified  or  otherwise  authorized  to practice under title
    16  eight of the education law,  acting  within  the  practitioner's  lawful
    17  scope of practice.
    18    b.  "Vaccine"  means a biological product intended to confer immuniza-
    19  tion to an infection or disease which meets the  standards  approved  by

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10357-08-9
        A. 6564--C                          2

     1  the  United  States  public health service for such biological products,
     2  and is consistent with a recommendation of  the  advisory  committee  on
     3  immunization practices of the centers for disease control and prevention
     4  with  respect  to  the  patient  involved,  or  which is approved by the
     5  department under such conditions as  may  be  specified  by  the  public
     6  health council.
     7    c.  "Capacity  to  consent"  means an individual's ability, determined
     8  without regard to the individual's age, to understand and appreciate the
     9  nature and consequences of the proposed  vaccination,  and  to  make  an
    10  informed decision concerning the administration of the vaccine.
    11    § 2. This act shall take effect immediately.