Bill Text: NY S04936 | 2017-2018 | General Assembly | Introduced
Bill Title: Encourages, through the provision of written educational materials and consultation, the voluntary vaccination against human papillomavirus (HPV) for school-aged children by their parents or guardians.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-03 - REFERRED TO HEALTH [S04936 Detail]
Download: New_York-2017-S04936-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4936 2017-2018 Regular Sessions IN SENATE March 3, 2017 ___________ Introduced by Sen. DIAZ -- 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 encouraging immun- ization against human papillomavirus (HPV) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The section heading and subdivisions 2, 5 and 6 of section 2 2164 of the public health law, as amended by chapter 401 of the laws of 3 2015, are amended to read as follows: 4 Definitions; immunization against poliomyelitis, mumps, measles, 5 diphtheria, rubella, varicella, human papillomavirus (HPV), Haemophilus 6 influenzae type b (Hib), pertussis, tetanus, pneumococcal disease, 7 meningococcal disease, and hepatitis B. 8 2. a. Every person in parental relation to a child in this state shall 9 have administered to such child an adequate dose or doses of an immuniz- 10 ing agent against poliomyelitis, mumps, measles, diphtheria, rubella, 11 varicella, Haemophilus influenzae type b (Hib), pertussis, tetanus, 12 pneumococcal disease, and hepatitis B, which meets the standards 13 approved by the United States public health service for such biological 14 products, and which is approved by the department under such conditions 15 as may be specified by the public health council. Every person in 16 parental relation to a child in this state shall be encouraged, through 17 the provision of written educational materials and consultation, to have 18 administered to such child an adequate dose or doses of an immunizing 19 agent against human papillomavirus (HPV) which meets the standards 20 approved by the United States public health service for such biological 21 products, and which is approved by the department under such conditions 22 as may be specified by the public health council. 23 b. Every person in parental relation to a child in this state born on 24 or after January first, nineteen hundred ninety-four and entering sixth 25 grade or a comparable age level special education program with an unas- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07132-01-7S. 4936 2 1 signed grade on or after September first, two thousand seven, shall have 2 administered to such child a booster immunization containing diphtheria 3 and tetanus toxoids, and an acellular pertussis vaccine, which meets the 4 standards approved by the United States public health service for such 5 biological products, and which is approved by the department under such 6 conditions as may be specified by the public health council. Every 7 person in parental relation to a child in this state born on or after 8 January first, nineteen hundred ninety-four and entering sixth grade or 9 a comparable age level special education program with an unassigned 10 grade on or after September first, two thousand eighteen, shall be 11 encouraged, through the provision of written educational materials and 12 consultation, to have administered to such child a booster immunization, 13 where applicable, against human papillomavirus (HPV) which meets the 14 standards approved by the United States public health service for such 15 biological products, and which is approved by the department under such 16 conditions as may be specified by the public health council. 17 c. Every person in parental relation to a child in this state entering 18 or having entered seventh grade and twelfth grade or a comparable age 19 level special education program with an unassigned grade on or after 20 September first, two thousand sixteen, shall have administered to such 21 child an adequate dose or doses of immunizing agents against meningococ- 22 cal disease as recommended by the advisory committee on immunization 23 practices of the centers for disease control and prevention, which meets 24 the standards approved by the United States public health service for 25 such biological products, and which is approved by the department under 26 such conditions as may be specified by the public health and planning 27 council. 28 5. The health practitioner who administers such immunizing agent 29 against poliomyelitis, mumps, measles, diphtheria, Haemophilus influen- 30 zae type b (Hib), rubella, varicella, human papillomavirus (HPV), 31 pertussis, tetanus, pneumococcal disease, meningococcal disease, and 32 hepatitis B to any such child shall give a certificate of such immuniza- 33 tion to the person in parental relation to such child. 34 6. In the event that a person in parental relation to a child makes 35 application for admission of such child to a school or has a child 36 attending school and there exists no certificate or other acceptable 37 evidence of the child's immunization against poliomyelitis, mumps, 38 measles, diphtheria, rubella, varicella, hepatitis B, pertussis, teta- 39 nus, and, where applicable, Haemophilus influenzae type b (Hib), menin- 40 gococcal disease, and pneumococcal disease, the principal, teacher, 41 owner or person in charge of the school shall inform such person of the 42 necessity to have, or in the case of human papillomavirus (HPV) the 43 efficacy of voluntarily having, the child immunized, that such immuniza- 44 tion may be administered by any health practitioner, or that the child 45 may be immunized without charge by the health officer in the county 46 where the child resides, if such person executes a consent therefor. In 47 the event that such person does not wish to select a health practitioner 48 to administer the immunization, he or she shall be provided with a form 49 which shall give notice that as a prerequisite to processing the appli- 50 cation for admission to, or for continued attendance at, the school such 51 person shall state a valid reason for withholding consent or consent 52 shall be given for immunization to be administered by a health officer 53 in the public employ, or by a school physician or nurse. The form shall 54 provide for the execution of a consent by such person and it shall also 55 state that such person need not execute such consent if subdivision 56 eight or nine of this section apply to such child.S. 4936 3 1 § 2. Paragraph (a) of subdivision 1 of section 613 of the public 2 health law, as amended by section 24 of part E of chapter 56 of the laws 3 of 2013, is amended to read as follows: 4 (a) The commissioner shall develop and supervise the execution of a 5 program of immunization, surveillance and testing, to raise to the high- 6 est reasonable level the immunity of the children of the state against 7 communicable diseases including, but not limited to, influenza, poliom- 8 yelitis, measles, mumps, rubella, haemophilus influenzae type b (Hib), 9 diphtheria, pertussis, tetanus, varicella, hepatitis B, pneumococcal 10 disease, and the immunity of adults of the state against diseases iden- 11 tified by the commissioner, including but not limited to influenza, 12 smallpox, hepatitis and such other diseases as the commissioner may 13 designate through regulation. Municipalities in the state shall main- 14 tain local programs of immunization to raise the immunity of the chil- 15 dren and adults of each municipality to the highest reasonable level, in 16 accordance with an application for state aid submitted by the munici- 17 pality and approved by the commissioner. Such programs shall include 18 assurance of provision of vaccine, serological testing of individuals 19 and educational efforts to inform health care providers and target popu- 20 lations or their parents, if they are minors, of the facts relative to 21 these diseases and immunizations to prevent their occurrence. Educa- 22 tional efforts shall include, but not be limited to, information about 23 the efficacy of immunizing against human papillomavirus (HPV) to encour- 24 age informed, voluntary vaccinations. 25 § 3. This act shall take effect immediately.
