Bill Text: NY S01983 | 2009-2010 | General Assembly | Amended
Bill Title: Encourages voluntary, informed vaccination against human papillomavirus (HPV) for school-aged children and their parents or guardians.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-14 - PRINT NUMBER 1983A [S01983 Detail]
Download: New_York-2009-S01983-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1983--A 2009-2010 Regular Sessions I N S E N A T E February 10, 2009 ___________ Introduced by Sen. DIAZ -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to encouraging immun- ization 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. The section heading and subdivisions 2, 5 and 6 of section 2 2164 of the public health law, as amended by chapter 189 of the laws of 3 2006, subdivision 2 as separately amended by chapter 506 of the laws of 4 2006, are amended to read as follows: 5 Definitions; immunization against poliomyelitis, mumps, measles, 6 diphtheria, rubella, varicella, HUMAN PAPILLOMAVIRUS (HPV), Haemophilus 7 influenzae type b (Hib), pertussis, tetanus, pneumococcal disease, and 8 hepatitis B. 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. EVERY PERSON IN 17 PARENTAL RELATION TO A CHILD IN THIS STATE SHALL BE ENCOURAGED, THROUGH 18 THE PROVISION OF WRITTEN EDUCATIONAL MATERIALS AND CONSULTATION, TO HAVE 19 ADMINISTERED TO SUCH CHILD AN ADEQUATE DOSE OR DOSES OF AN IMMUNIZING 20 AGENT AGAINST HUMAN PAPILLOMAVIRUS (HPV) WHICH MEETS THE STANDARDS 21 APPROVED BY THE UNITED STATES PUBLIC HEALTH SERVICE FOR SUCH BIOLOGICAL 22 PRODUCTS, AND WHICH IS APPROVED BY THE DEPARTMENT UNDER SUCH CONDITIONS 23 AS MAY BE SPECIFIED BY THE PUBLIC HEALTH COUNCIL. 24 b. Every person in parental relation to a child in this state born on 25 or after January first, nineteen hundred ninety-four and entering sixth EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05574-02-0 S. 1983--A 2 1 grade or a comparable age level special education program with an unas- 2 signed grade on or after September first, two thousand seven, shall have 3 administered to such child a booster immunization containing diphtheria 4 and tetanus toxoids, and an acellular pertussis vaccine, which meets the 5 standards approved by the United States public health service for such 6 biological products, and which is approved by the department under such 7 conditions as may be specified by the public health council. EVERY 8 PERSON IN PARENTAL RELATION TO A CHILD IN THIS STATE BORN ON OR AFTER 9 JANUARY FIRST, NINETEEN HUNDRED NINETY-FOUR AND ENTERING SIXTH GRADE OR 10 A COMPARABLE AGE LEVEL SPECIAL EDUCATION PROGRAM WITH AN UNASSIGNED 11 GRADE ON OR AFTER SEPTEMBER FIRST, TWO THOUSAND TEN, SHALL BE ENCOUR- 12 AGED, THROUGH THE PROVISION OF WRITTEN EDUCATIONAL MATERIALS AND CONSUL- 13 TATION, TO HAVE ADMINISTERED TO SUCH CHILD A BOOSTER IMMUNIZATION, WHERE 14 APPLICABLE, AGAINST HUMAN PAPILLOMAVIRUS (HPV) WHICH MEETS THE STANDARDS 15 APPROVED BY THE UNITED STATES PUBLIC HEALTH SERVICE FOR SUCH BIOLOGICAL 16 PRODUCTS, AND WHICH IS APPROVED BY THE DEPARTMENT UNDER SUCH CONDITIONS 17 AS MAY BE SPECIFIED BY THE PUBLIC HEALTH COUNCIL. 18 5. The health practitioner who administers such immunizing agent 19 against poliomyelitis, mumps, measles, diphtheria, Haemophilus influen- 20 zae type b (Hib), rubella, varicella, HUMAN PAPILLOMAVIRUS (HPV), 21 pertussis, tetanus, pneumococcal disease, and hepatitis B to any such 22 child shall give a certificate of such immunization to the person in 23 parental relation to such child. 24 6. In the event that a person in parental relation to a child makes 25 application for admission of such child to a school or has a child 26 attending school and there exists no certificate or other acceptable 27 evidence of the child's immunization against poliomyelitis, mumps, 28 measles, diphtheria, rubella, varicella, hepatitis B, pertussis, teta- 29 nus, and, where applicable, Haemophilus influenzae type b (Hib) and 30 pneumococcal disease, the principal, teacher, owner or person in charge 31 of the school shall inform such person of the necessity to have, OR IN 32 THE CASE OF HUMAN PAPILLOMAVIRUS (HPV) THE EFFICACY OF VOLUNTARILY 33 HAVING, the child immunized, that such immunization may be administered 34 by any health practitioner, or that the child may be immunized without 35 charge by the health officer in the county where the child resides, if 36 such person executes a consent therefor. In the event that such person 37 does not wish to select a health practitioner to administer the immuni- 38 zation, he or she shall be provided with a form which shall give notice 39 that as a prerequisite to processing the application for admission to, 40 or for continued attendance at, the school such person shall state a 41 valid reason for withholding consent or consent shall be given for 42 immunization to be administered by a health officer in the public 43 employ, or by a school physician or nurse. The form shall provide for 44 the execution of a consent by such person and it shall also state that 45 such person need not execute such consent if subdivision eight or nine 46 of this section apply to such child. 47 S 2. Subdivision 1 of section 613 of the public health law, as amended 48 by chapter 189 of the laws of 2006, is amended to read as follows: 49 1. The commissioner shall develop and supervise the execution of a 50 program of immunization, surveillance and testing, to raise to the high- 51 est reasonable level the immunity of the children of the state against 52 communicable diseases including, but not limited to, poliomyelitis, 53 measles, mumps, rubella, haemophilus influenzae type b (Hib), diphthe- 54 ria, pertussis, tetanus, varicella, hepatitis B, pneumococcal disease, 55 and the immunity of adults of the state against diseases identified by 56 the commissioner, including but not limited to influenza, smallpox, and S. 1983--A 3 1 hepatitis. The commissioner shall encourage the municipalities in the 2 state to develop and shall assist them in the development and the 3 execution of local programs of inoculation to raise the immunity of the 4 children and adults of each municipality to the highest reasonable 5 level. Such programs shall include provision of vaccine, surveillance of 6 vaccine effectiveness by means of laboratory tests, serological testing 7 of individuals and educational efforts to inform health care providers 8 and target populations or their parents, if they are minors, of the 9 facts relative to these diseases and inoculation to prevent their occur- 10 rence. EDUCATIONAL EFFORTS SHALL INCLUDE, BUT NOT BE LIMITED TO, INFOR- 11 MATION ABOUT THE EFFICACY OF IMMUNIZING AGAINST HUMAN PAPILLOMAVIRUS 12 (HPV) TO ENCOURAGE INFORMED, VOLUNTARY VACCINATIONS. The commissioner 13 shall invite and encourage the active assistance and cooperation in such 14 education activities of: the medical societies, organizations of other 15 licensed health personnel, hospitals, corporations subject to article 16 forty-three of the insurance law, trade unions, trade associations, 17 parents and teachers and their associations, the media of mass communi- 18 cation, and such other voluntary groups and organizations of citizens as 19 he or she shall deem appropriate. The public health council, the depart- 20 ment of education, the department of family assistance, and the depart- 21 ment of mental hygiene shall provide the commissioner with such assist- 22 ance in carrying out the program as he or she shall request. All other 23 state agencies shall also render such assistance as the commissioner may 24 reasonably require for this program. Nothing in this subdivision shall 25 authorize mandatory immunization of adults or children, except as 26 provided in sections twenty-one hundred sixty-four and twenty-one 27 hundred sixty-five of this chapter. 28 S 3. Paragraph (a) of subdivision 1 of section 613 of the public 29 health law, as amended by chapter 36 of the laws of 2010, is amended to 30 read as follows: 31 (a) The commissioner shall develop and supervise the execution of a 32 program of immunization, surveillance and testing, to raise to the high- 33 est reasonable level the immunity of the children of the state against 34 communicable diseases including, but not limited to, influenza, poliom- 35 yelitis, measles, mumps, rubella, haemophilus influenzae type b (Hib), 36 diphtheria, pertussis, tetanus, varicella, hepatitis B, pneumococcal 37 disease, and the immunity of adults of the state against diseases iden- 38 tified by the commissioner, including but not limited to influenza, 39 smallpox, and hepatitis. The commissioner shall encourage the munici- 40 palities in the state to develop and shall assist them in the develop- 41 ment and the execution of local programs of inoculation to raise the 42 immunity of the children and adults of each municipality to the highest 43 reasonable level. Such programs shall include provision of vaccine, 44 surveillance of vaccine effectiveness by means of laboratory tests, 45 serological testing of individuals and educational efforts to inform 46 health care providers and target populations or their parents, if they 47 are minors, of the facts relative to these diseases and inoculation to 48 prevent their occurrence. EDUCATIONAL EFFORTS SHALL INCLUDE, BUT NOT BE 49 LIMITED TO, INFORMATION ABOUT THE EFFICACY OF IMMUNIZING AGAINST HUMAN 50 PAPILLOMAVIRUS (HPV) TO ENCOURAGE INFORMED, VOLUNTARY VACCINATIONS. 51 S 4. This act shall take effect immediately; provided however that 52 section three of this act shall take effect on the same date and in the 53 same manner as section 1 of chapter 36 of the laws of 2010, takes 54 effect, when upon such date the provisions of section two of this act 55 shall be deemed repealed.