Bill Text: NY A07766 | 2009-2010 | General Assembly | Introduced


Bill Title: Requires immunization providers to provide certain written information to the person receiving the immunization or the parent or guardian when such immunization is required for enrollment in a school or child care facility.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to health [A07766 Detail]

Download: New_York-2009-A07766-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7766
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 23, 2009
                                      ___________
       Introduced by M. of A. FIELDS -- read once and referred to the Committee
         on Health
       AN  ACT to amend the public health law, in relation to providing written
         information on required immunizations
         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  2113 to read as follows:
    3    S 2113. IMMUNIZATIONS; WRITTEN INFORMATION.  1. THIS  SECTION  APPLIES
    4  TO  ANY  WRITTEN INFORMATION ABOUT IMMUNIZATION REQUIREMENTS FOR ENROLL-
    5  MENT IN A SCHOOL OR CHILD CARE FACILITY THAT:
    6    (A) IS PROVIDED TO A PERSON TO BE IMMUNIZED OR ENROLLING  OR  ENROLLED
    7  IN A SCHOOL OR CHILD CARE FACILITY, OR TO THE PERSON'S PARENT OR GUARDI-
    8  AN IF THE PERSON IS UNDER EIGHTEEN YEARS OF AGE AND NOT EMANCIPATED; AND
    9    (B)  IS  PROVIDED  BY THE DEPARTMENT; THE DEPARTMENT OF EDUCATION; THE
   10  OFFICE OF CHILDREN AND FAMILY SERVICES; AN IMMUNIZATION PROVIDER;  OR  A
   11  SCHOOL  OR  CHILD  CARE FACILITY. SUCH WRITTEN INFORMATION MUST DESCRIBE
   12  THE EXEMPTIONS FROM IMMUNIZATIONS PERMITTED  UNDER  SUBDIVISIONS  EIGHT,
   13  EIGHT-A, AND NINE OF SECTION TWENTY-ONE HUNDRED SIXTY-FIVE OF THIS ARTI-
   14  CLE. THE INFORMATION ON EXEMPTIONS FROM IMMUNIZATIONS PROVIDED ACCORDING
   15  TO THIS PARAGRAPH MUST BE IN A FONT SIZE AT LEAST EQUAL TO THE FONT SIZE
   16  OF  THE IMMUNIZATION REQUIREMENTS, IN THE SAME FONT STYLE AS THE IMMUNI-
   17  ZATION REQUIREMENTS, AND ON THE SAME PAGE OF THE WRITTEN DOCUMENT AS THE
   18  IMMUNIZATION REQUIREMENTS.
   19    2. BEFORE IMMUNIZING A PERSON, AN IMMUNIZATION PROVIDER  MUST  PROVIDE
   20  THE  PERSON,  OR  THE PERSON'S PARENT OR GUARDIAN IF THE PERSON IS UNDER
   21  EIGHTEEN YEARS OF AGE AND NOT EMANCIPATED, WITH THE  FOLLOWING  INFORMA-
   22  TION IN WRITING:
   23    (A) A LIST OF THE IMMUNIZATIONS REQUIRED FOR ENROLLMENT IN A SCHOOL OR
   24  CHILD CARE FACILITY;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10904-01-9
       A. 7766                             2
    1    (B) A DESCRIPTION OF THE EXEMPTIONS FROM IMMUNIZATIONS PERMITTED UNDER
    2  SUBDIVISIONS  EIGHT,  EIGHT-A,  AND  NINE  OF SECTION TWENTY-ONE HUNDRED
    3  SIXTY-FIVE OF THIS ARTICLE;
    4    (C)  A  LIST  OF ADDITIONAL IMMUNIZATIONS CURRENTLY RECOMMENDED BY THE
    5  COMMISSIONER; AND
    6    (D) IN ACCORDANCE WITH FEDERAL LAW, A COPY OF THE VACCINE  INFORMATION
    7  SHEET  FROM  THE  FEDERAL  DEPARTMENT  OF HEALTH AND HUMAN SERVICES THAT
    8  LISTS POSSIBLE ADVERSE REACTIONS TO THE IMMUNIZATION TO BE PROVIDED.
    9    3. THE COMMISSIONER SHALL CONTINUE THE EDUCATIONAL CAMPAIGN TO PROVID-
   10  ERS AND HOSPITALS ON VACCINE  SAFETY  INCLUDING,  BUT  NOT  LIMITED  TO,
   11  INFORMATION  ON THE STATEWIDE IMMUNIZATION REGISTRY, THE FEDERAL VACCINE
   12  INFORMATION STATEMENTS (VIS), AND MEDICAL PRECAUTIONS AND  CONTRAINDICA-
   13  TIONS TO IMMUNIZATIONS.
   14    4.  THE  COMMISSIONER SHALL ENCOURAGE PROVIDERS TO PROVIDE THE VACCINE
   15  INFORMATION STATEMENTS AT MULTIPLE VISITS AND IN ANTICIPATION OF  SUBSE-
   16  QUENT IMMUNIZATIONS.
   17    5.  THE COMMISSIONER SHALL ENCOURAGE PROVIDERS TO USE EXISTING SCREEN-
   18  ING FOR IMMUNIZATION PRECAUTIONS AND CONTRAINDICATION MATERIALS, AND  TO
   19  MAKE PROPER USE OF THE STATEWIDE IMMUNIZATION REGISTRY.
   20    6.  THE  COMMISSIONER  SHALL  CONTINUE  TO  DEVELOP AND MAKE AVAILABLE
   21  PATIENT EDUCATION MATERIALS ON IMMUNIZATIONS INCLUDING, BUT NOT  LIMITED
   22  TO, CONTRAINDICATIONS AND PRECAUTIONS REGARDING VACCINES.
   23    S 2. This act shall take effect immediately.
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