Bill Text: NY S05909 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires healthcare workers practicing in close proximity to children less than twelve months of age to receive the tetanus, diphtheria, acellular pertussis (Tdap) vaccine.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HEALTH [S05909 Detail]
Download: New_York-2019-S05909-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5909 2019-2020 Regular Sessions IN SENATE May 16, 2019 ___________ Introduced by Sen. RIVERA -- 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 requiring health- care workers practicing in close proximity to children less than twelve months of age to receive the tetanus, diphtheria, acellular pertussis (Tdap) vaccine 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 2169 to read as follows: 3 § 2169. Tdap immunization. 1. a. Except as provided in subdivision 4 three of this section, every hospital and healthcare practice in this 5 state treating children less than twelve months of age shall require all 6 healthcare employees practicing in close proximity to children less than 7 twelve months of age to be immunized against tetanus, diphtheria and 8 acellular pertussis through administration of the Tdap vaccine in 9 accordance with regulations of the commissioner. 10 b. Each such hospital and healthcare practice subject to the 11 provisions of this section shall notify its healthcare employee of the 12 immunization requirements of this section and request that each employee 13 agree to be immunized against tetanus, diphtheria and acellular pertus- 14 sis through administration of the Tdap vaccine. 15 2. Each hospital or healthcare practice subject to the provisions of 16 this section shall require documentation of immunization against teta- 17 nus, diphtheria and acellular pertussis for each employee practicing in 18 close proximity to children less than twelve months of age. Upon finding 19 that an employee is lacking such immunization or is unable to provide 20 documentation that he or she has received the appropriate immunization, 21 the hospital or healthcare practice shall provide or arrange for immuni- 22 zation. An individual who is newly employed as an employee shall have 23 his or her immunization status determined by the hospital or healthcare EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09901-04-9S. 5909 2 1 practice, and if found to be deficient, the hospital or healthcare prac- 2 tice shall provide or arrange for the necessary immunization. 3 3. a. No individual shall be required to receive the Tdap vaccine if 4 the vaccine is medically contraindicated, or if it is against his or her 5 religious beliefs, or if he or she refuses the vaccine after being fully 6 informed of the health risks of such action. 7 b. An individual who has not received the vaccine for any reason spec- 8 ified in paragraph a of this subdivision shall wear a mask when treating 9 children less than twelve months of age or shall be assigned to a posi- 10 tion where encountering children less than twelve months of age is 11 unlikely. 12 4. For the purposes of this section: 13 a. "Documentation" means written evidence from an individual's health- 14 care provider indicating the date and place when the individual received 15 the Tdap vaccine. 16 b. "Employee" means an individual employed (whether directly, by 17 contract with another entity or as an independent contractor) by a 18 hospital or healthcare practice, on a part-time or full-time basis. 19 c. "Medically contraindicated" means the Tdap vaccine should not be 20 administered to an individual because it may be detrimental to the indi- 21 vidual's health if the individual receives the vaccine. 22 5. a. The commissioner shall promulgate regulations relating to the 23 immunization requirements of this section, taking into consideration the 24 recommendations of the centers for disease control and prevention 25 including, but not limited to, regulations authorizing the waiver of the 26 requirements of this section for any healthcare worker whose blood test- 27 ing reveals immunity to pertussis as evidenced by a sufficient antibody 28 titer. 29 b. The commissioner shall make available educational and informational 30 materials to all hospitals and healthcare practices in this state treat- 31 ing children less than twelve months of age with respect to vaccination 32 against tetanus, diphtheria and acellular pertussis. 33 § 2. This act shall take effect on the first of January next succeed- 34 ing the date upon which it shall have become a law. Effective immediate- 35 ly the addition, amendment and/or repeal of any rule or regulation 36 necessary for the implementation of this act on its effective date are 37 authorized to be made and completed on or before such date.
