Bill Text: NY A01230 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to mandatory influenza vaccine for persons attending daycare.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2018-01-03 - referred to codes [A01230 Detail]
Download: New_York-2017-A01230-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1230--A 2017-2018 Regular Sessions IN ASSEMBLY January 11, 2017 ___________ Introduced by M. of A. DINOWITZ -- Multi-Sponsored by -- M. of A. RICH- ARDSON -- read once and referred to the Committee on Health -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee AN ACT to amend the public health law, in relation to mandatory influen- za vaccine for persons attending daycare The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 2164 of the public health law, as amended by chap- 2 ter 401 of the laws of 2015, is amended to read as follows: 3 § 2164. Definitions; immunization against poliomyelitis, mumps, 4 measles, diphtheria, rubella, varicella, Haemophilus influenzae type b 5 (Hib), pertussis, tetanus, pneumococcal disease, meningococcal disease, 6 influenza virus, and hepatitis B. 1. As used in this section, unless the 7 context requires otherwise: 8 a. The term "school" means and includes any public, private or paro- 9 chial child caring center, day nursery, day care agency, nursery school, 10 kindergarten, elementary, intermediate or secondary school. 11 b. The term "child" shall mean and include any person between the ages 12 of two months and eighteen years. 13 c. The term "person in parental relation to a child" shall mean and 14 include his father or mother, by birth or adoption, his legally 15 appointed guardian, or his custodian. A person shall be regarded as the 16 custodian of a child if he has assumed the charge and care of the child 17 because the parents or legally appointed guardian of the minor have 18 died, are imprisoned, are mentally ill, or have been committed to an 19 institution, or because they have abandoned or deserted such child or 20 are living outside the state or their whereabouts are unknown, or have 21 designated the person pursuant to title fifteen-A of article five of the 22 general obligations law as a person in parental relation to the child. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03759-03-7A. 1230--A 2 1 d. The term "health practitioner" shall mean any person authorized by 2 law to administer an immunization. 3 2. a. Every person in parental relation to a child in this state shall 4 have administered to such child an adequate dose or doses of an immuniz- 5 ing agent against poliomyelitis, mumps, measles, diphtheria, rubella, 6 varicella, Haemophilus influenzae type b (Hib), pertussis, tetanus, 7 pneumococcal disease, and hepatitis B, which meets the standards 8 approved by the United States public health service for such biological 9 products, and which is approved by the department under such conditions 10 as may be specified by the public health council. 11 b. Every person in parental relation to a child in this state born on 12 or after January first, nineteen hundred ninety-four and entering sixth 13 grade or a comparable age level special education program with an unas- 14 signed grade on or after September first, two thousand seven, shall have 15 administered to such child a booster immunization containing diphtheria 16 and tetanus toxoids, and an acellular pertussis vaccine, which meets the 17 standards approved by the United States public health service for such 18 biological products, and which is approved by the department under such 19 conditions as may be specified by the public health council. 20 c. Every person in parental relation to a child in this state entering 21 or having entered seventh grade and twelfth grade or a comparable age 22 level special education program with an unassigned grade on or after 23 September first, two thousand sixteen, shall have administered to such 24 child an adequate dose or doses of immunizing agents against meningococ- 25 cal disease as recommended by the advisory committee on immunization 26 practices of the centers for disease control and prevention, which meets 27 the standards approved by the United States public health service for 28 such biological products, and which is approved by the department under 29 such conditions as may be specified by the public health and planning 30 council. 31 d. Every person in parental relation to a child in this state entering 32 or having entered a licensed and registered child daycare home, program 33 or facility shall have administered to such child an adequate dose or 34 doses of immunizing agents against influenza virus as recommended by the 35 advisory committee on immunization practices of the centers for disease 36 control and prevention, which meets the standards approved by the United 37 States public health service for such biological products, and which is 38 approved by the department under such conditions as may be specified by 39 the public health and planning council. 40 3. The person in parental relation to any such child who has not 41 previously received such immunization shall present the child to a 42 health practitioner and request such health practitioner to administer 43 the necessary immunization against poliomyelitis, mumps, measles, 44 diphtheria, Haemophilus influenzae type b (Hib), rubella, varicella, 45 pertussis, tetanus, pneumococcal disease, meningococcal disease, influ- 46 enza virus, and hepatitis B as provided in subdivision two of this 47 section. 48 4. If any person in parental relation to such child is unable to pay 49 for the services of a private health practitioner, such person shall 50 present such child to the health officer of the county in which the 51 child resides, who shall then administer the immunizing agent without 52 charge. 53 5. The health practitioner who administers such immunizing agent 54 against poliomyelitis, mumps, measles, diphtheria, Haemophilus influen- 55 zae type b (Hib), rubella, varicella, pertussis, tetanus, pneumococcal 56 disease, meningococcal disease, influenza virus, and hepatitis B to anyA. 1230--A 3 1 such child shall give a certificate of such immunization to the person 2 in parental relation to such child. 3 6. In the event that a person in parental relation to a child makes 4 application for admission of such child to a school or has a child 5 attending school and there exists no certificate or other acceptable 6 evidence of the child's immunization against poliomyelitis, mumps, 7 measles, diphtheria, rubella, varicella, hepatitis B, pertussis, teta- 8 nus, and, where applicable, Haemophilus influenzae type b (Hib), menin- 9 gococcal disease, influenza virus, and pneumococcal disease, the princi- 10 pal, teacher, owner or person in charge of the school shall inform such 11 person of the necessity to have the child immunized, that such immuniza- 12 tion may be administered by any health practitioner, or that the child 13 may be immunized without charge by the health officer in the county 14 where the child resides, if such person executes a consent therefor. In 15 the event that such person does not wish to select a health practitioner 16 to administer the immunization, he or she shall be provided with a form 17 which shall give notice that as a prerequisite to processing the appli- 18 cation for admission to, or for continued attendance at, the school such 19 person shall state a valid reason for withholding consent or consent 20 shall be given for immunization to be administered by a health officer 21 in the public employ, or by a school physician or nurse. The form shall 22 provide for the execution of a consent by such person and it shall also 23 state that such person need not execute such consent if subdivision 24 eight or nine of this section apply to such child. 25 7. (a) No principal, teacher, owner or person in charge of a school 26 shall permit any child to be admitted to such school, or to attend such 27 school, in excess of fourteen days, without the certificate provided for 28 in subdivision five of this section or some other acceptable evidence of 29 the child's immunization against poliomyelitis, mumps, measles, diphthe- 30 ria, rubella, varicella, hepatitis B, pertussis, tetanus, and, where 31 applicable, Haemophilus influenzae type b (Hib), meningococcal disease, 32 influenza virus, and pneumococcal disease; provided, however, such four- 33 teen day period may be extended to not more than thirty days for an 34 individual student by the appropriate principal, teacher, owner or other 35 person in charge where such student is transferring from out-of-state or 36 from another country and can show a good faith effort to get the neces- 37 sary certification or other evidence of immunization. 38 (b) A parent, a guardian or any other person in parental relationship 39 to a child denied school entrance or attendance may appeal by petition 40 to the commissioner of education in accordance with the provisions of 41 section three hundred ten of the education law. 42 8. If any physician licensed to practice medicine in this state certi- 43 fies that such immunization may be detrimental to a child's health, the 44 requirements of this section shall be inapplicable until such immuniza- 45 tion is found no longer to be detrimental to the child's health. 46 8-a. Whenever a child has been refused admission to, or continued 47 attendance at, a school as provided for in subdivision seven of this 48 section because there exists no certificate provided for in subdivision 49 five of this section or other acceptable evidence of the child's immuni- 50 zation against poliomyelitis, mumps, measles, diphtheria, rubella, vari- 51 cella, hepatitis B, pertussis, tetanus, and, where applicable, Haemophi- 52 lus influenzae type b (Hib), meningococcal disease, influenza virus, and 53 pneumococcal disease, the principal, teacher, owner or person in charge 54 of the school shall: 55 a. forward a report of such exclusion and the name and address of such 56 child to the local health authority and to the person in parentalA. 1230--A 4 1 relation to the child together with a notification of the responsibility 2 of such person under subdivision two of this section and a form of 3 consent as prescribed by regulation of the commissioner, and 4 b. provide, with the cooperation of the appropriate local health 5 authority, for a time and place at which an immunizing agent or agents 6 shall be administered, as required by subdivision two of this section, 7 to a child for whom a consent has been obtained. Upon failure of a local 8 health authority to cooperate in arranging for a time and place at which 9 an immunizing agent or agents shall be administered as required by 10 subdivision two of this section, the commissioner shall arrange for such 11 administration and may recover the cost thereof from the amount of state 12 aid to which the local health authority would otherwise be entitled. 13 9. This section shall not apply to children whose parent, parents, or 14 guardian hold genuine and sincere religious beliefs which are contrary 15 to the practices herein required, and no certificate shall be required 16 as a prerequisite to such children being admitted or received into 17 school or attending school. 18 10. The commissioner may adopt and amend rules and regulations to 19 effectuate the provisions and purposes of this section. 20 11. Every school shall annually provide the commissioner, on forms 21 provided by the commissioner, a summary regarding compliance with the 22 provisions of this section. 23 § 2. This act shall take effect one year after it shall have become a 24 law.
