Bill Text: NY S08032 | 2019-2020 | General Assembly | Introduced

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Bill Title: Establishes a claim for strictly liable against the state for any injury caused by the administration of an immunization which is mandated by a state law and gives the court of claims the power and jurisdiction to hear such a claim.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-03-11 - REFERRED TO HEALTH [S08032 Detail]

Download: New_York-2019-S08032-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8032

                    IN SENATE

                                     March 11, 2020
                                       ___________

        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health

        AN ACT to amend the public health law and the court of  claims  act,  in
          relation  to  establishing  strict  liability  for  injuries caused by
          required immunizations

          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  2113 to read as follows:
     3    § 2113. Vaccinations; liability.  1.  For  purposes  of  this  section
     4  "health  practitioner"  shall  mean  an  individual who is employed as a
     5  public employee or any other person authorized by law to  administer  an
     6  immunization to ensure compliance with the state's immunization require-
     7  ments pursuant to this chapter.
     8    2.  Notwithstanding  any  provision  of law to the contrary, the state
     9  shall be strictly liable for any injury caused by the administration  of
    10  an  immunization  that  is intended to prevent or minimize the spread of
    11  disease and to protect public health if an individual establishes that:
    12    (a) such immunization was mandated by a state law, rule or  regulation
    13  as:
    14    (i)  a condition of attendance at a public, private or parochial child
    15  caring center, day nursery, day care agency, nursery school,  elementary
    16  school,  secondary  school  or an institution of higher education at the
    17  time of the immunization's administration; or
    18    (ii) an emergency declaration issued by the commissioner or the gover-
    19  nor at the time of the immunization's administration;
    20    (b) such immunization was administered by a health practitioner; and
    21    (c) the injury was proximately caused by the  administration  of  such
    22  immunization.
    23    3. A health practitioner shall not be liable for any injury alleged to
    24  have  been sustained by an individual by reason of an act or omission in
    25  the administering of such immunization unless  it  is  established  that
    26  such  injury  was  caused by gross negligence on the part of such health
    27  practitioner.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15783-01-0
        S. 8032                             2

     1    § 2. Section 9 of the court of claims act is amended by adding  a  new
     2  subdivision 14 to read as follows:
     3    14.  To hear and determine a claim of any person against the state for
     4  any injury caused by  the  administration  of  a  required  immunization
     5  pursuant  to  section  twenty-one  hundred thirteen of the public health
     6  law.
     7    § 3. This act shall take effect immediately and  shall  apply  to  all
     8  immunization-related  injuries  sustained  after, or that are ongoing as
     9  of, such effective date.