Bill Text: NY S04244 | 2019-2020 | General Assembly | Amended

Bill Title: Permits any child who is at least fourteen years of age to have administered to himself or herself, regardless of parental consent, certain immunizations required or recommended by law.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2019-05-29 - PRINT NUMBER 4244B [S04244 Detail]

Download: New_York-2019-S04244-Amended.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                    IN SENATE

                                      March 5, 2019

          SKY, THOMAS -- 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  commit-
          tee  --  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 administration
          of vaccines to children who are at least fourteen years of age

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

     1    Section  1.  The  public health law is amended by adding a new section
     2  2167-a to read as follows:
     3    § 2167-a. Administering a vaccine to a minor; consent. 1.    A  health
     4  care  practitioner  may  administer a vaccine to a minor who is at least
     5  fourteen years of age if the minor has capacity to consent and  provides
     6  informed consent to the administering of the vaccine.
     7    2.  Prior  to administering any vaccine under this section, the health
     8  care practitioner shall consult with and counsel  the  minor  to  ensure
     9  that  the  minor fully understands and appreciates the nature and conse-
    10  quences of receiving the vaccine, has the capacity  to  consent  and  is
    11  providing  informed consent, and that the vaccine is not contraindicated
    12  by the minor's medical history.
    13    3. For the purposes of this section:
    14    a.  "Health  care  practitioner"  means  a  health  care  practitioner
    15  licensed,  certified  or  otherwise  authorized  to practice under title
    16  eight of the education law,  acting  within  the  practitioner's  lawful
    17  scope of practice.
    18    b.  "Vaccine"  means a biological product intended to confer immuniza-
    19  tion to an infection or disease which meets the  standards  approved  by
    20  the United States public health service for such biological products, or

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

        S. 4244--B                          2

     1  which  is  approved  by  the  department under such conditions as may be
     2  specified by the public health council.
     3    c.  "Capacity  to  consent"  means an individual's ability, determined
     4  without regard to the individual's age, to understand and appreciate the
     5  nature and consequences of the proposed  vaccination,  and  to  make  an
     6  informed decision concerning the administration of the vaccine.
     7    § 2. This act shall take effect immediately.