S T A T E O F N E W Y O R K ________________________________________________________________________ 9347 I N A S S E M B L Y April 16, 2014 ___________ Introduced by M. of A. GUNTHER -- read once and referred to the Commit- tee on Health AN ACT to amend the public health law, in relation to meningococcal immunizations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 2164 of the public health law, as added by chapter 2 994 of the laws of 1966, the section heading and subdivisions 3, 5, and 3 6, paragraph (a) of subdivision 7 and the opening paragraph of subdivi- 4 sion 8-a, as amended by chapter 189 of the laws of 2006, paragraph b of 5 subdivision 1 and subdivision 7 as amended by chapter 443 of the laws of 6 1979, paragraph c of subdivision 1 as amended by chapter 119 of the laws 7 of 2005, paragraph d of subdivision 1 as added and subdivisions 4 and 8 8-a as amended by chapter 538 of the laws of 1989, subdivision 2 as 9 separately amended by chapters 189 and 506 of the laws of 2006, subdivi- 10 sions 8 and 10 as renumbered by chapter 633 of the laws of 1975, subdi- 11 vision 9 as separately amended by chapters 405 and 538 of the laws of 12 1989, subdivision 10 as added by chapter 1094 of the laws of 1968, and 13 subdivision 11 as added by chapter 521 of the laws of 1994, is amended 14 to read as follows: 15 S 2164. Definitions; immunization against poliomyelitis, mumps, 16 measles, diphtheria, rubella, varicella, Haemophilus influenzae type b 17 (Hib), pertussis, tetanus, pneumococcal disease, MENINGOCOCCAL DISEASE, 18 and hepatitis B. 1. As used in this section, unless the context 19 requires otherwise: 20 a. The term "school" means and includes any public, private or paro- 21 chial child caring center, day nursery, day care agency, nursery school, 22 kindergarten, elementary, intermediate or secondary school. 23 b. The term "child" shall mean and include any person between the ages 24 of two months and eighteen years. 25 c. The term "person in parental relation to a child" shall mean and 26 include his father or mother, by birth or adoption, his legally 27 appointed guardian, or his custodian. A person shall be regarded as the 28 custodian of a child if he has assumed the charge and care of the child EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14687-02-4 A. 9347 2 1 because the parents or legally appointed guardian of the minor have 2 died, are imprisoned, are mentally ill, or have been committed to an 3 institution, or because they have abandoned or deserted such child or 4 are living outside the state or their whereabouts are unknown, or have 5 designated the person pursuant to title fifteen-A of article five of the 6 general obligations law as a person in parental relation to the child. 7 d. The term "health practitioner" shall mean any person authorized by 8 law to administer an immunization. 9 2. a. Every person in parental relation to a child in this state shall 10 have administered to such child an adequate dose or doses of an immuniz- 11 ing agent against poliomyelitis, mumps, measles, diphtheria, rubella, 12 varicella, Haemophilus influenzae type b (Hib), pertussis, tetanus, 13 pneumococcal disease, and hepatitis B, which meets the standards 14 approved by the United States public health service for such biological 15 products, and which is approved by the department under such conditions 16 as may be specified by the public health council. 17 b. Every person in parental relation to a child in this state born on 18 or after January first, nineteen hundred ninety-four and entering sixth 19 grade or a comparable age level special education program with an unas- 20 signed grade on or after September first, two thousand seven, shall have 21 administered to such child a booster immunization containing diphtheria 22 and tetanus toxoids, and an acellular pertussis vaccine, which meets the 23 standards approved by the United States public health service for such 24 biological products, and which is approved by the department under such 25 conditions as may be specified by the public health council. 26 C. EVERY PERSON IN PARENTAL RELATION TO A CHILD IN THIS STATE ENTERING 27 OR HAVING ENTERED SIXTH GRADE AND ELEVENTH GRADE OR A COMPARABLE AGE 28 LEVEL SPECIAL EDUCATION PROGRAM WITH AN UNASSIGNED GRADE ON OR AFTER 29 SEPTEMBER FIRST, TWO THOUSAND FIFTEEN, SHALL HAVE ADMINISTERED TO SUCH 30 CHILD AN ADEQUATE DOSE OR DOSES OF AN IMMUNIZING AGENT AGAINST MENINGO- 31 COCCAL DISEASE AS RECOMMENDED BY THE ADVISORY COMMITTEE ON IMMUNIZATION 32 PRACTICES, ACIP, WHICH MEETS THE STANDARDS APPROVED BY THE UNITED STATES 33 PUBLIC HEALTH SERVICE FOR SUCH BIOLOGICAL PRODUCTS, AND WHICH IS 34 APPROVED BY THE DEPARTMENT UNDER SUCH CONDITIONS AS MAY BE SPECIFIED BY 35 THE PUBLIC HEALTH COUNCIL. 36 3. The person in parental relation to any such child who has not 37 previously received such immunization shall present the child to a 38 health practitioner and request such health practitioner to administer 39 the necessary immunization against poliomyelitis, mumps, measles, 40 diphtheria, Haemophilus influenzae type b (Hib), rubella, varicella, 41 pertussis, tetanus, pneumococcal disease, MENINGOCOCCAL DISEASE, and 42 hepatitis B as provided in subdivision two of this section. 43 4. If any person in parental relation to such child is unable to pay 44 for the services of a private health practitioner, such person shall 45 present such child to the health officer of the county in which the 46 child resides, who shall then administer the immunizing agent without 47 charge. 48 5. The health practitioner who administers such immunizing agent 49 against poliomyelitis, mumps, measles, diphtheria, Haemophilus influen- 50 zae type b (Hib), rubella, varicella, pertussis, tetanus, pneumococcal 51 disease, MENINGOCOCCAL DISEASE, and hepatitis B to any such child shall 52 give a certificate of such immunization to the person in parental 53 relation to such child. 54 6. In the event that a person in parental relation to a child makes 55 application for admission of such child to a school or has a child 56 attending school and there exists no certificate or other acceptable A. 9347 3 1 evidence of the child's immunization against poliomyelitis, mumps, 2 measles, diphtheria, rubella, varicella, hepatitis B, pertussis, teta- 3 nus, and, where applicable, Haemophilus influenzae type b (Hib), MENIN- 4 GOCOCCAL DISEASE, and pneumococcal disease, the principal, teacher, 5 owner or person in charge of the school shall inform such person of the 6 necessity to have the child immunized, that such immunization may be 7 administered by any health practitioner, or that the child may be immun- 8 ized without charge by the health officer in the county where the child 9 resides, if such person executes a consent therefor. In the event that 10 such person does not wish to select a health practitioner to administer 11 the immunization, he or she shall be provided with a form which shall 12 give notice that as a prerequisite to processing the application for 13 admission to, or for continued attendance at, the school such person 14 shall state a valid reason for withholding consent or consent shall be 15 given for immunization to be administered by a health officer in the 16 public employ, or by a school physician or nurse. The form shall provide 17 for the execution of a consent by such person and it shall also state 18 that such person need not execute such consent if subdivision eight or 19 nine of this section apply to such child. 20 7. (a) No principal, teacher, owner or person in charge of a school 21 shall permit any child to be admitted to such school, or to attend such 22 school, in excess of fourteen days, without the certificate provided for 23 in subdivision five of this section or some other acceptable evidence of 24 the child's immunization against poliomyelitis, mumps, measles, diphthe- 25 ria, rubella, varicella, hepatitis B, pertussis, tetanus, and, where 26 applicable, Haemophilus influenzae type b (Hib), MENINGOCOCCAL DISEASE, 27 and pneumococcal disease; provided, however, such fourteen day period 28 may be extended to not more than thirty days for an individual student 29 by the appropriate principal, teacher, owner or other person in charge 30 where such student is transferring from out-of-state or from another 31 country and can show a good faith effort to get the necessary certif- 32 ication or other evidence of immunization. 33 (b) A parent, a guardian or any other person in parental relationship 34 to a child denied school entrance or attendance may appeal by petition 35 to the commissioner of education in accordance with the provisions of 36 section three hundred ten of the education law. 37 8. If any physician licensed to practice medicine in this state certi- 38 fies that such immunization may be detrimental to a child's health, the 39 requirements of this section shall be inapplicable until such immuniza- 40 tion is found no longer to be detrimental to the child's health. 41 8-a. Whenever a child has been refused admission to, or continued 42 attendance at, a school as provided for in subdivision seven of this 43 section because there exists no certificate provided for in subdivision 44 five of this section or other acceptable evidence of the child's immuni- 45 zation against poliomyelitis, mumps, measles, diphtheria, rubella, vari- 46 cella, hepatitis B, pertussis, tetanus, and, where applicable, Haemophi- 47 lus influenzae type b (Hib), MENINGOCOCCAL DISEASE, and pneumococcal 48 disease, the principal, teacher, owner or person in charge of the school 49 shall: 50 a. forward a report of such exclusion and the name and address of such 51 child to the local health authority and to the person in parental 52 relation to the child together with a notification of the responsibility 53 of such person under subdivision two of this section and a form of 54 consent as prescribed by regulation of the commissioner, and 55 b. provide, with the cooperation of the appropriate local health 56 authority, for a time and place at which an immunizing agent or agents A. 9347 4 1 shall be administered, as required by subdivision two of this section, 2 to a child for whom a consent has been obtained. Upon failure of a local 3 health authority to cooperate in arranging for a time and place at which 4 an immunizing agent or agents shall be administered as required by 5 subdivision two of this section, the commissioner shall arrange for such 6 administration and may recover the cost thereof from the amount of state 7 aid to which the local health authority would otherwise be entitled. 8 9. This section shall not apply to children whose parent, parents, or 9 guardian hold genuine and sincere religious beliefs which are contrary 10 to the practices herein required, and no certificate shall be required 11 as a prerequisite to such children being admitted or received into 12 school or attending school. 13 10. The commissioner may adopt and amend rules and regulations to 14 effectuate the provisions and purposes of this section. 15 11. Every school shall annually provide the commissioner, on forms 16 provided by the commissioner, a summary regarding compliance with the 17 provisions of this section. 18 S 2. This act shall take effect immediately.