Bill Text: NY A08074 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires all health care practitioners who treat a child to provide the parent of such child with evidence-based information about certain immunizations, such information to be provided by the commissioner of health.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to health [A08074 Detail]

Download: New_York-2019-A08074-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8074

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 31, 2019
                                       ___________

        Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
          tee on Health

        AN ACT to amend the public health law,  in  relation  to  requiring  any
          health  care  practitioner who treats a child to provide the parent of
          such child with evidence-based information about certain immunizations

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision 2 of section 2995 of the public health law is
     2  amended by adding three new paragraphs (f), (g),  and  (h)  to  read  as
     3  follows:
     4    (f)  "Health  care practitioner" shall mean a physician, nurse practi-
     5  tioner, or physician assistant or other health care practitioner  acting
     6  within his or her lawful scope of practice.
     7    (g)  "Child" shall mean and include any person between the ages of two
     8  months and eighteen years.
     9    (h) "Person in parental relation to a child" shall  mean  and  include
    10  his  or  her  father or mother, by birth or adoption, his or her legally
    11  appointed guardian, or his or her custodian. A person shall be  regarded
    12  as the custodian of a child if he or she has assumed the charge and care
    13  of  the  child  because the parents or legally appointed guardian of the
    14  minor have died, are imprisoned, are mentally ill, or have been  commit-
    15  ted  to  an institution, or because they have abandoned or deserted such
    16  child or are living outside the state or their whereabouts are  unknown,
    17  or  have  designated  the  person pursuant to title fifteen-A of article
    18  five of the general obligations law as a person in parental relation  to
    19  the child.
    20    § 2. The public health law is amended by adding a new section 2997-f-1
    21  to read as follows:
    22    § 2997-f-1. Provision of information relating to immunization. 1.  Any
    23  health  care practitioner who treats a child shall provide the person in
    24  parental relation to such child with the following written  information:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11809-02-9

        A. 8074                             2

     1  current   and  evidence-based  information  about  immunization  against
     2  poliomyelitis, mumps, measles, diphtheria, rubella, varicella, Haemophi-
     3  lus influenzae type b (Hib), pertussis, tetanus,  pneumococcal  disease,
     4  meningococcal  disease, and hepatitis B that has been reviewed by one or
     5  more accredited medical experts.
     6    2. (a) The commissioner shall provide written  information  to  health
     7  care  practitioners  necessary  to  implement  subdivision  one  of this
     8  section, and shall post such information on the department's website.
     9    (b) The commissioner shall ensure that such information is  culturally
    10  and linguistically appropriate for all recipients.
    11    (c)  Any  local  or  national  organization that provides education or
    12  services related to immunization against poliomyelitis, mumps,  measles,
    13  diphtheria,  rubella,  varicella,  Haemophilus  influenzae type b (Hib),
    14  pertussis, tetanus, pneumococcal  disease,  meningococcal  disease,  and
    15  hepatitis  B  may  request  that the commissioner include such organiza-
    16  tion's informational material and contact  information  on  the  depart-
    17  ment's  website.  Once  such a request is made, the commissioner may add
    18  the information to the department's website at his or her discretion.
    19    § 3. This act shall take effect on the ninetieth day  after  it  shall
    20  have become a law.
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