Bill Text: NY S08430 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires immunization against rotavirus for certain children attending school.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2024-01-29 - REFERRED TO HEALTH [S08430 Detail]
Download: New_York-2023-S08430-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8430 IN SENATE January 29, 2024 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to requiring immuni- zation against rotavirus for certain children 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, subdivision 6 as amended by chapter 35 of 3 the laws of 2019, is amended to read as follows: 4 § 2164. Definitions; immunization against poliomyelitis, mumps, 5 measles, diphtheria, rubella, varicella, Haemophilus influenzae type b 6 (Hib), pertussis, tetanus, pneumococcal disease, meningococcal disease, 7 [and] hepatitis B, and rotavirus. 1. As used in this section, unless 8 the context requires otherwise: 9 a. The term "school" means and includes any public, private or paro- 10 chial child caring center, day nursery, day care agency, nursery school, 11 kindergarten, elementary, intermediate or secondary school. 12 b. The term "child" shall mean and include any person between the ages 13 of two months and eighteen years. 14 c. The term "person in parental relation to a child" shall mean and 15 include his father or mother, by birth or adoption, his legally 16 appointed guardian, or his custodian. A person shall be regarded as the 17 custodian of a child if he has assumed the charge and care of the child 18 because the parents or legally appointed guardian of the minor have 19 died, are imprisoned, are mentally ill, or have been committed to an 20 institution, or because they have abandoned or deserted such child or 21 are living outside the state or their whereabouts are unknown, or have 22 designated the person pursuant to title fifteen-A of article five of the 23 general obligations law as a person in parental relation to the child. 24 d. The term "health practitioner" shall mean any person authorized by 25 law to administer an immunization. 26 2. a. Every person in parental relation to a child in this state shall 27 have administered to such child an adequate dose or doses of an immuniz- 28 ing agent against poliomyelitis, mumps, measles, diphtheria, rubella, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11927-02-3S. 8430 2 1 varicella, Haemophilus influenzae type b (Hib), pertussis, tetanus, 2 pneumococcal disease, [and] hepatitis B, and rotavirus, which meets the 3 standards approved by the United States public health service for such 4 biological products, and which is approved by the department under such 5 conditions as may be specified by the public health and health planning 6 council; provided, however, no person in parental relation to a child in 7 this state shall be required to have administered to such child any 8 immunizing agent required by this section where such child would not be 9 able to have such immunizing agent administered in a manner approved by 10 the department under such conditions as may be specified by the public 11 health and health planning council due to the child's age. 12 b. Every person in parental relation to a child in this state born on 13 or after January first, nineteen hundred ninety-four and entering sixth 14 grade or a comparable age level special education program with an unas- 15 signed grade on or after September first, two thousand seven, shall have 16 administered to such child a booster immunization containing diphtheria 17 and tetanus toxoids, and an acellular pertussis vaccine, which meets the 18 standards approved by the United States public health service for such 19 biological products, and which is approved by the department under such 20 conditions as may be specified by the public health and health planning 21 council. 22 c. Every person in parental relation to a child in this state entering 23 or having entered seventh grade and twelfth grade or a comparable age 24 level special education program with an unassigned grade on or after 25 September first, two thousand sixteen, shall have administered to such 26 child an adequate dose or doses of immunizing agents against meningococ- 27 cal disease as recommended by the advisory committee on immunization 28 practices of the centers for disease control and prevention, which meets 29 the standards approved by the United States public health service for 30 such biological products, and which is approved by the department under 31 such conditions as may be specified by the public health and health 32 planning council. 33 3. The person in parental relation to any such child who has not 34 previously received such immunization shall present the child to a 35 health practitioner and request such health practitioner to administer 36 the necessary immunization against poliomyelitis, mumps, measles, 37 diphtheria, Haemophilus influenzae type b (Hib), rubella, varicella, 38 pertussis, tetanus, pneumococcal disease, meningococcal disease, [and] 39 hepatitis B, and rotavirus, as provided in subdivision two of this 40 section. 41 4. If any person in parental relation to such child is unable to pay 42 for the services of a private health practitioner, such person shall 43 present such child to the health officer of the county in which the 44 child resides, who shall then administer the immunizing agent without 45 charge. 46 5. The health practitioner who administers such immunizing agent 47 against poliomyelitis, mumps, measles, diphtheria, Haemophilus influen- 48 zae type b (Hib), rubella, varicella, pertussis, tetanus, pneumococcal 49 disease, meningococcal disease, [and] hepatitis B, and rotavirus, to any 50 such child shall give a certificate of such immunization to the person 51 in parental relation to such child. 52 6. In the event that a person in parental relation to a child makes 53 application for admission of such child to a school or has a child 54 attending school and there exists no certificate or other acceptable 55 evidence of the child's immunization against poliomyelitis, mumps, 56 measles, diphtheria, rubella, varicella, hepatitis B, pertussis, teta-S. 8430 3 1 nus, rotavirus, and, where applicable, Haemophilus influenzae type b 2 (Hib), meningococcal disease, and pneumococcal disease, the principal, 3 teacher, owner or person in charge of the school shall inform such 4 person of the necessity to have the child immunized, that such immuniza- 5 tion may be administered by any health practitioner, or that the child 6 may be immunized without charge by the health officer in the county 7 where the child resides, if such person executes a consent therefor. In 8 the event that such person does not wish to select a health practitioner 9 to administer the immunization, he or she shall be provided with a form 10 which shall give notice that as a prerequisite to processing the appli- 11 cation for admission to, or for continued attendance at, the school such 12 person shall state a valid reason for withholding consent or consent 13 shall be given for immunization to be administered by a health officer 14 in the public employ, or by a school physician or nurse. The form shall 15 provide for the execution of a consent by such person and it shall also 16 state that such person need not execute such consent if subdivision 17 eight of this section applies to such child. 18 7. (a) No principal, teacher, owner or person in charge of a school 19 shall permit any child to be admitted to such school, or to attend such 20 school, in excess of fourteen days, without the certificate provided for 21 in subdivision five of this section or some other acceptable evidence of 22 the child's immunization against poliomyelitis, mumps, measles, diphthe- 23 ria, rubella, varicella, hepatitis B, pertussis, tetanus, rotavirus and, 24 where applicable, Haemophilus influenzae type b (Hib), meningococcal 25 disease, and pneumococcal disease; provided, however, such fourteen day 26 period may be extended to not more than thirty days for an individual 27 student by the appropriate principal, teacher, owner or other person in 28 charge where such student is transferring from out-of-state or from 29 another country and can show a good faith effort to get the necessary 30 certification or other evidence of immunization. 31 (b) A parent, a guardian or any other person in parental relationship 32 to a child denied school entrance or attendance may appeal by petition 33 to the commissioner of education in accordance with the provisions of 34 section three hundred ten of the education law. 35 8. If any physician licensed to practice medicine in this state certi- 36 fies that such immunization may be detrimental to a child's health, the 37 requirements of this section shall be inapplicable until such immuniza- 38 tion is found no longer to be detrimental to the child's health. 39 8-a. Whenever a child has been refused admission to, or continued 40 attendance at, a school as provided for in subdivision seven of this 41 section because there exists no certificate provided for in subdivision 42 five of this section or other acceptable evidence of the child's immuni- 43 zation against poliomyelitis, mumps, measles, diphtheria, rubella, vari- 44 cella, hepatitis B, pertussis, tetanus, rotavirus, and, where applica- 45 ble, Haemophilus influenzae type b (Hib), meningococcal disease, and 46 pneumococcal disease, the principal, teacher, owner or person in charge 47 of the school shall: 48 a. forward a report of such exclusion and the name and address of such 49 child to the local health authority and to the person in parental 50 relation to the child together with a notification of the responsibility 51 of such person under subdivision two of this section and a form of 52 consent as prescribed by regulation of the commissioner, and 53 b. provide, with the cooperation of the appropriate local health 54 authority, for a time and place at which an immunizing agent or agents 55 shall be administered, as required by subdivision two of this section, 56 to a child for whom a consent has been obtained. Upon failure of a localS. 8430 4 1 health authority to cooperate in arranging for a time and place at which 2 an immunizing agent or agents shall be administered as required by 3 subdivision two of this section, the commissioner shall arrange for such 4 administration and may recover the cost thereof from the amount of state 5 aid to which the local health authority would otherwise be entitled. 6 10. The commissioner may adopt and amend rules and regulations to 7 effectuate the provisions and purposes of this section. 8 11. Every school shall annually provide the commissioner, on forms 9 provided by the commissioner, a summary regarding compliance with the 10 provisions of this section. 11 § 2. Paragraph (a) of subdivision 1 of section 613 of the public 12 health law, as amended by section 24 of part E of chapter 56 of the laws 13 of 2013, is amended to read as follows: 14 (a) The commissioner shall develop and supervise the execution of a 15 program of immunization, surveillance and testing, to raise to the high- 16 est reasonable level the immunity of the children of the state against 17 communicable diseases including, but not limited to, influenza, poliom- 18 yelitis, measles, mumps, rubella, haemophilus influenzae type b (Hib), 19 diphtheria, pertussis, tetanus, rotavirus, varicella, hepatitis B, pneu- 20 mococcal disease, and the immunity of adults of the state against 21 diseases identified by the commissioner, including but not limited to 22 influenza, smallpox, hepatitis and such other diseases as the commis- 23 sioner may designate through regulation. Municipalities in the state 24 shall maintain local programs of immunization to raise the immunity of 25 the children and adults of each municipality to the highest reasonable 26 level, in accordance with an application for state aid submitted by the 27 municipality and approved by the commissioner. Such programs shall 28 include assurance of provision of vaccine, serological testing of indi- 29 viduals and educational efforts to inform health care providers and 30 target populations or their parents, if they are minors, of the facts 31 relative to these diseases and immunizations to prevent their occur- 32 rence. 33 § 3. This act shall take effect on the first of July next succeeding 34 the date on which it shall have become a law. Effective immediately the 35 addition, amendment and/or repeal of any rule or regulation necessary 36 for the implementation of this act on its effective date are authorized 37 to be made and completed on or before such date.
