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.
LBD07132-01-7
S. 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.