Bill Text: NY S00298 | 2019-2020 | General Assembly | Amended


Bill Title: Provides for the immunization of all children born after January 1, 2008 with the human papillomavirus (HPV).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-02-06 - PRINT NUMBER 298A [S00298 Detail]

Download: New_York-2019-S00298-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         298--A
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Health  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN  ACT to amend the public health law, in relation to requiring immuni-
          zation against human papillomavirus (HPV)
          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 amended by chap-
     2  ter 401 of the laws of 2015, is amended to read as follows:
     3    §  2164.  Definitions;  immunization  against  poliomyelitis,   mumps,
     4  measles,  diphtheria,  rubella,  varicella,  human papillomavirus (HPV),
     5  Haemophilus influenzae type b (Hib),  pertussis,  tetanus,  pneumococcal
     6  disease,  meningococcal  disease,  and  hepatitis  B. 1. As used in this
     7  section, unless the context requires otherwise:
     8    a. The term "school" means and includes any public, private  or  paro-
     9  chial child caring center, day nursery, day care agency, nursery school,
    10  kindergarten, elementary, intermediate or secondary school.
    11    b. The term "child" shall mean and include any person between the ages
    12  of two months and eighteen years.
    13    c.  The  term  "person in parental relation to a child" shall mean and
    14  include his  father  or  mother,  by  birth  or  adoption,  his  legally
    15  appointed  guardian, or his custodian. A person shall be regarded as the
    16  custodian of a child if he has assumed the charge and care of the  child
    17  because  the  parents  or  legally  appointed guardian of the minor have
    18  died, are imprisoned, are mentally ill, or have  been  committed  to  an
    19  institution,  or  because  they have abandoned or deserted such child or
    20  are living outside the state or their whereabouts are unknown,  or  have
    21  designated the person pursuant to title fifteen-A of article five of the
    22  general obligations law as a person in parental relation to the child.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03954-04-9

        S. 298--A                           2
     1    d.  The term "health practitioner" shall mean any person authorized by
     2  law to administer an immunization.
     3    2. a. Every person in parental relation to a child in this state shall
     4  have administered to such child an adequate dose or doses of an immuniz-
     5  ing  agent  against  poliomyelitis, mumps, measles, diphtheria, rubella,
     6  varicella, human papillomavirus (HPV),  Haemophilus  influenzae  type  b
     7  (Hib),  pertussis, tetanus, pneumococcal disease, and hepatitis B, which
     8  meets the standards approved by the United States public health  service
     9  for  such  biological  products, and which is approved by the department
    10  under such conditions as may be specified by the public health council.
    11    b. Every person in parental relation to a child in this state born  on
    12  or  after January first, nineteen hundred ninety-four and entering sixth
    13  grade or a comparable age level special education program with an  unas-
    14  signed grade on or after September first, two thousand seven, shall have
    15  administered  to such child a booster immunization containing diphtheria
    16  and tetanus toxoids, [and] an acellular pertussis vaccine, and  a  human
    17  papillomavirus  (HPV) vaccine, which meets the standards approved by the
    18  United States public health service for such  biological  products,  and
    19  which  is  approved  by  the  department under such conditions as may be
    20  specified by the public health council.
    21    c. Every person in parental relation to a child in this state entering
    22  or having entered seventh grade and twelfth grade or  a  comparable  age
    23  level  special  education  program  with an unassigned grade on or after
    24  September first, two thousand sixteen, shall have administered  to  such
    25  child an adequate dose or doses of immunizing agents against meningococ-
    26  cal  disease  as  recommended  by the advisory committee on immunization
    27  practices of the centers for disease control and prevention, which meets
    28  the standards approved by the United States public  health  service  for
    29  such  biological products, and which is approved by the department under
    30  such conditions as may be specified by the public  health  and  planning
    31  council.
    32    3.  The  person  in  parental  relation  to any such child who has not
    33  previously received such immunization  shall  present  the  child  to  a
    34  health  practitioner  and request such health practitioner to administer
    35  the  necessary  immunization  against  poliomyelitis,  mumps,   measles,
    36  diphtheria,  Haemophilus  influenzae  type  b (Hib), rubella, varicella,
    37  human papillomavirus (HPV), pertussis,  tetanus,  pneumococcal  disease,
    38  meningococcal disease, and hepatitis B as provided in subdivision two of
    39  this section.
    40    4.  If  any person in parental relation to such child is unable to pay
    41  for the services of a private health  practitioner,  such  person  shall
    42  present  such  child  to  the  health officer of the county in which the
    43  child resides, who shall then administer the  immunizing  agent  without
    44  charge.
    45    5.  The  health  practitioner  who  administers  such immunizing agent
    46  against poliomyelitis, mumps, measles, diphtheria, Haemophilus  influen-
    47  zae  type  b  (Hib),  rubella,  varicella,  human  papillomavirus (HPV),
    48  pertussis, tetanus, pneumococcal  disease,  meningococcal  disease,  and
    49  hepatitis B to any such child shall give a certificate of such immuniza-
    50  tion to the person in parental relation to such child.
    51    6.  In  the  event that a person in parental relation to a child makes
    52  application for admission of such child to  a  school  or  has  a  child
    53  attending  school  and  there  exists no certificate or other acceptable
    54  evidence of  the  child's  immunization  against  poliomyelitis,  mumps,
    55  measles,  diphtheria,  rubella,  varicella,  human papillomavirus (HPV),
    56  hepatitis B, pertussis,  tetanus,  and,  where  applicable,  Haemophilus

        S. 298--A                           3
     1  influenzae   type  b  (Hib),  meningococcal  disease,  and  pneumococcal
     2  disease, the principal, teacher, owner or person in charge of the school
     3  shall inform such person of the necessity to have the  child  immunized,
     4  that  such  immunization may be administered by any health practitioner,
     5  or that the child may be immunized without charge by the health  officer
     6  in the county where the child resides, if such person executes a consent
     7  therefor. In the event that such person does not wish to select a health
     8  practitioner to administer the immunization, he or she shall be provided
     9  with a form which shall give notice that as a prerequisite to processing
    10  the  application  for  admission to, or for continued attendance at, the
    11  school such person shall state a valid reason for withholding consent or
    12  consent shall be given for immunization to be administered by  a  health
    13  officer  in  the  public  employ, or by a school physician or nurse. The
    14  form shall provide for the execution of a consent by such person and  it
    15  shall  also  state  that  such  person  need not execute such consent if
    16  subdivision eight or nine of this section apply to such child.
    17    7. (a) No principal, teacher, owner or person in charge  of  a  school
    18  shall  permit any child to be admitted to such school, or to attend such
    19  school, in excess of fourteen days, without the certificate provided for
    20  in subdivision five of this section or some other acceptable evidence of
    21  the child's immunization against poliomyelitis, mumps, measles, diphthe-
    22  ria,  rubella,  varicella,  human  papillomavirus  (HPV),  hepatitis  B,
    23  pertussis, tetanus, and, where applicable, Haemophilus influenzae type b
    24  (Hib), meningococcal disease, and pneumococcal disease; provided, howev-
    25  er,  such  fourteen  day  period may be extended to not more than thirty
    26  days for an individual student by the  appropriate  principal,  teacher,
    27  owner  or other person in charge where such student is transferring from
    28  out-of-state or from another country and can show a good faith effort to
    29  get the necessary certification or other evidence of immunization.
    30    (b) A parent, a guardian or any other person in parental  relationship
    31  to  a  child denied school entrance or attendance may appeal by petition
    32  to the commissioner of education in accordance with  the  provisions  of
    33  section three hundred ten of the education law.
    34    8. If any physician licensed to practice medicine in this state certi-
    35  fies  that such immunization may be detrimental to a child's health, the
    36  requirements of this section shall be inapplicable until such  immuniza-
    37  tion is found no longer to be detrimental to the child's health.
    38    8-a.  Whenever  a  child  has  been refused admission to, or continued
    39  attendance at, a school as provided for in  subdivision  seven  of  this
    40  section  because there exists no certificate provided for in subdivision
    41  five of this section or other acceptable evidence of the child's immuni-
    42  zation against poliomyelitis, mumps, measles, diphtheria, rubella, vari-
    43  cella, human papillomavirus (HPV), hepatitis B, pertussis, tetanus, and,
    44  where applicable, Haemophilus influenzae  type  b  (Hib),  meningococcal
    45  disease,  and  pneumococcal  disease,  the  principal, teacher, owner or
    46  person in charge of the school shall:
    47    a. forward a report of such exclusion and the name and address of such
    48  child to the local health  authority  and  to  the  person  in  parental
    49  relation to the child together with a notification of the responsibility
    50  of  such  person  under  subdivision  two  of this section and a form of
    51  consent as prescribed by regulation of the commissioner, and
    52    b. provide, with the  cooperation  of  the  appropriate  local  health
    53  authority,  for  a time and place at which an immunizing agent or agents
    54  shall be administered, as required by subdivision two of  this  section,
    55  to a child for whom a consent has been obtained. Upon failure of a local
    56  health authority to cooperate in arranging for a time and place at which

        S. 298--A                           4
     1  an  immunizing  agent  or  agents  shall  be administered as required by
     2  subdivision two of this section, the commissioner shall arrange for such
     3  administration and may recover the cost thereof from the amount of state
     4  aid to which the local health authority would otherwise be entitled.
     5    9.  This section shall not apply to children whose parent, parents, or
     6  guardian hold genuine and sincere religious beliefs which  are  contrary
     7  to  the  practices herein required, and no certificate shall be required
     8  as a prerequisite to such  children  being  admitted  or  received  into
     9  school or attending school.
    10    10.  The  commissioner  may  adopt  and amend rules and regulations to
    11  effectuate the provisions and purposes of this section.
    12    11. Every school shall annually provide  the  commissioner,  on  forms
    13  provided  by  the  commissioner, a summary regarding compliance with the
    14  provisions of this section.
    15    § 2. Paragraph (a) of subdivision 1  of  section  613  of  the  public
    16  health law, as amended by section 24 of part E of chapter 56 of the laws
    17  of 2013, is amended to read as follows:
    18    (a)  The  commissioner  shall develop and supervise the execution of a
    19  program of immunization, surveillance and testing, to raise to the high-
    20  est reasonable level the immunity of the children of the  state  against
    21  communicable  diseases including, but not limited to, influenza, poliom-
    22  yelitis, measles, mumps, rubella, haemophilus influenzae type  b  (Hib),
    23  diphtheria,  pertussis,  tetanus, varicella, human papillomavirus (HPV),
    24  hepatitis B, pneumococcal disease, and the immunity  of  adults  of  the
    25  state against diseases identified by the commissioner, including but not
    26  limited to influenza, smallpox, hepatitis and such other diseases as the
    27  commissioner  may  designate through regulation.   Municipalities in the
    28  state shall maintain local programs of immunization to raise the immuni-
    29  ty of the children and  adults  of  each  municipality  to  the  highest
    30  reasonable  level,  in  accordance  with  an  application  for state aid
    31  submitted by the municipality and approved  by  the  commissioner.  Such
    32  programs  shall  include  assurance of provision of vaccine, serological
    33  testing of individuals and educational efforts  to  inform  health  care
    34  providers  and  target populations or their parents, if they are minors,
    35  of the facts relative to these diseases  and  immunizations  to  prevent
    36  their occurrence.
    37    §  3.  This  act  shall  take  effect  on  the first of September next
    38  succeeding the date on which it  shall  have  become  a  law;  provided,
    39  however,  that section one of this act shall apply only to children born
    40  on or after January 1, 2008.
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