STATE OF NEW YORK ________________________________________________________________________ 4244--B 2019-2020 Regular Sessions IN SENATE March 5, 2019 ___________ Introduced by Sens. KRUEGER, BIAGGI, HOYLMAN, MYRIE, SEPULVEDA, STAVI- 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. LBD10357-06-9S. 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.