Bill Text: NY A07734 | 2013-2014 | General Assembly | Amended
Bill Title: Relates to the statewide immunization information system and the administration of certain immunizations.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-06-21 - substituted by s4528a [A07734 Detail]
Download: New_York-2013-A07734-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7734--A 2013-2014 Regular Sessions I N A S S E M B L Y May 31, 2013 ___________ Introduced by M. of A. PAULIN, GOTTFRIED -- read once and referred to the Committee on Health -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to the statewide immunization information system THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph (a) of subdivision 2 of section 2168 of the 2 public health law, as amended by section 7 of part A of chapter 58 of 3 the laws of 2009, is amended to read as follows: 4 (a) The term "authorized user" shall mean any person or entity author- 5 ized to provide information to or to receive information from the state- 6 wide immunization information system and shall include health care 7 providers and their designees, as defined in paragraph (d) of this 8 subdivision, schools as defined in paragraph a of subdivision one of 9 section twenty-one hundred sixty-four of this title, COLLEGES AS DEFINED 10 IN SECTION TWO OF THE EDUCATION LAW, PROFESSIONAL AND TECHNICAL SCHOOLS 11 AS REFERRED TO IN THE DEFINITION OF HIGHER EDUCATION IN SECTION TWO OF 12 THE EDUCATION LAW, CHILDREN'S OVERNIGHT CAMPS AND SUMMER DAY CAMPS AS 13 DEFINED IN SECTION THIRTEEN HUNDRED NINETY-TWO OF THIS CHAPTER, third 14 party payer as defined in paragraph (f) of this subdivision, local 15 health districts as defined by paragraph (c) of subdivision one of 16 section two of this chapter, local social services districts and the 17 office of children and family services with regard to children in their 18 legal custody, and WIC programs as defined in paragraph (g) of this 19 subdivision. An authorized user may be located outside New York state. 20 An entity other than a local health district shall be an authorized user 21 only with respect to a person seeking or receiving a health care service 22 from the health care provider, a person enrolled or seeking to be 23 enrolled in the school, a person insured by the third party payer, a EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10914-04-3 A. 7734--A 2 1 person in the custody of the local social services district or the 2 office of children and family services, or a person seeking or receiving 3 services through WIC programs, as the case may be. 4 S 2. Paragraph (a) of subdivision 3 of section 2168 of the public 5 health law, as amended by section 7 of part A of chapter 58 of the laws 6 of 2009, is amended to read as follows: 7 (a) Any health care provider who administers any vaccine to a person 8 less than nineteen years of age or, on or after September first, two 9 thousand nine, conducts a blood lead analysis of a sample obtained from 10 a person under eighteen years of age in accordance with paragraph (h) of 11 subdivision two of this section; and immunizations received by a person 12 less than nineteen years of age in the past if not already reported, 13 shall report all such immunizations and the results of any blood lead 14 analysis to the department in a format prescribed by the commissioner 15 within fourteen days of administration of such immunizations or of 16 obtaining the results of any such blood lead analysis. Health care 17 providers administering immunizations to persons less than nineteen 18 years of age in the city of New York shall report, in a format 19 prescribed by the city of New York commissioner of health and mental 20 hygiene, all such immunizations to the citywide immunization registry. 21 The commissioner, and for the city of New York the commissioner of 22 health and mental hygiene, shall have the discretion to accept for 23 inclusion in the system information regarding immunizations administered 24 to individuals nineteen years of age or older with the [express written] 25 consent of the [vaccine] VACCINEE. Health care providers who conduct a 26 blood lead analysis on a person under eighteen years of age and who 27 report the results of such analysis to the city of New York commissioner 28 of health and mental hygiene pursuant to New York city reporting 29 requirements shall be exempt from this requirement for reporting blood 30 lead analysis results to the state commissioner of health; provided, 31 however, blood lead analysis data collected from physician office labo- 32 ratories by the commissioner of health and mental hygiene of the city of 33 New York pursuant to the health code of the city of New York shall be 34 provided to the department in a format prescribed by the commissioner. 35 S 3. Paragraph (f) of subdivision 5 of section 2168 of the public 36 health law, as amended by section 7 of part A of chapter 58 of the laws 37 of 2009, is amended to read as follows: 38 (f) The immunization status of children exempt from immunizations 39 pursuant to subdivision eight of [this] section TWENTY-ONE HUNDRED 40 SIXTY-FOUR OF THIS TITLE and a parent claiming exemption pursuant to 41 subdivision nine of section twenty-one hundred sixty-four of this title 42 shall be reported by the health care provider. 43 S 4. Paragraph (d) of subdivision 8 of section 2168 of the public 44 health law, as amended by section 7 of part A of chapter 58 of the laws 45 of 2009, is amended to read as follows: 46 (d) The following authorized users shall have access to the statewide 47 immunization information system and the blood lead information in such 48 system and the citywide immunization registry for the purposes stated in 49 this paragraph: (i) schools for verifying immunization status for eligi- 50 bility for admission; (ii) COLLEGES FOR VERIFYING IMMUNIZATION STATUS 51 FOR ELIGIBILITY FOR ADMISSION; (III) PROFESSIONAL AND TECHNICAL SCHOOLS 52 FOR VERIFYING IMMUNIZATION STATUS FOR ELIGIBILITY FOR ADMISSION; (IV) 53 CHILDREN'S OVERNIGHT CAMPS AND SUMMER DAY CAMPS FOR VERIFYING IMMUNIZA- 54 TION STATUS OF CHILDREN ATTENDING CAMP; (V) third party payer for 55 performing quality assurance, accountability and outreach, relating to 56 enrollees covered by the third party payer; [(iii)] (VI) commissioners A. 7734--A 3 1 of local social services districts with regard to a child in his/her 2 legal custody; [(iv)] (VII) the commissioner of the office of children 3 and family services with regard to children in their legal custody, and 4 for quality assurance and accountability of commissioners of local 5 social services districts, care and treatment of children in the custody 6 of commissioners of local social services districts; and [(v)] (VIII) 7 WIC programs for the purposes of verifying immunization and lead testing 8 status for those seeking or receiving services. 9 S 5. Subdivision 8 of section 2168 of the public health law is amended 10 by adding a new paragraph (e) to read as follows: 11 (E) INSTITUTES OF HIGHER EDUCATION, MEDICAL RESEARCH CENTERS OR OTHER 12 INSTITUTIONS ENGAGED IN EPIDEMIOLOGICAL RESEARCH OR OTHER PUBLIC HEALTH 13 RESEARCH SHALL HAVE ACCESS TO DE-IDENTIFIED REGISTRANT INFORMATION IN 14 THE STATEWIDE IMMUNIZATION INFORMATION SYSTEM OR THE CITYWIDE IMMUNIZA- 15 TION REGISTRY FOR RESEARCH PURPOSES IF APPROVED BY THE COMMISSIONER OR 16 THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE OF THE 17 CITY OF NEW YORK, AS APPROPRIATE. 18 S 6. Subdivision 11 of section 2168 of the public health law, as 19 amended by section 7 of part A of chapter 58 of the laws of 2009, is 20 amended to read as follows: 21 11. The commissioner, or in the city of New York, the commissioner of 22 the department of health and mental hygiene, may provide registrant 23 specific immunization AND LEAD TEST records to other state OR CITY 24 registries AND REGISTRIES MAINTAINED BY THE INDIAN HEALTH SERVICE AND 25 TRIBAL NATIONS RECOGNIZED BY THE STATE OR THE UNITED STATES pursuant to 26 a written agreement requiring that the [out-of-state] OTHER registry 27 conform to national standards for maintaining the integrity of the data 28 and will not be used for purposes inconsistent with the provisions of 29 this section. 30 S 7. This act shall take effect immediately.