STATE OF NEW YORK ________________________________________________________________________ 1230 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 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. 23 d. The term "health practitioner" shall mean any person authorized by 24 law to administer an immunization. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03759-02-7A. 1230 2 1 2. a. Every person in parental relation to a child in this state shall 2 have administered to such child an adequate dose or doses of an immuniz- 3 ing agent against poliomyelitis, mumps, measles, diphtheria, rubella, 4 varicella, Haemophilus influenzae type b (Hib), pertussis, tetanus, 5 pneumococcal disease, and hepatitis B, which meets the standards 6 approved by the United States public health service for such biological 7 products, and which is approved by the department under such conditions 8 as may be specified by the public health council. 9 b. Every person in parental relation to a child in this state born on 10 or after January first, nineteen hundred ninety-four and entering sixth 11 grade or a comparable age level special education program with an unas- 12 signed grade on or after September first, two thousand seven, shall have 13 administered to such child a booster immunization containing diphtheria 14 and tetanus toxoids, and an acellular pertussis vaccine, which meets the 15 standards approved by the United States public health service for such 16 biological products, and which is approved by the department under such 17 conditions as may be specified by the public health council. 18 c. Every person in parental relation to a child in this state entering 19 or having entered seventh grade and twelfth grade or a comparable age 20 level special education program with an unassigned grade on or after 21 September first, two thousand sixteen, shall have administered to such 22 child an adequate dose or doses of immunizing agents against meningococ- 23 cal disease as recommended by the advisory committee on immunization 24 practices of the centers for disease control and prevention, which meets 25 the standards approved by the United States public health service for 26 such biological products, and which is approved by the department under 27 such conditions as may be specified by the public health and planning 28 council. 29 d. Every person in parental relation to a child in this state entering 30 or having entered a licensed and registered child daycare home, program 31 or facility on or after September first, two thousand seventeen, shall 32 have administered to such child an adequate dose or doses of immunizing 33 agents against influenza virus as recommended by the advisory committee 34 on immunization practices of the centers for disease control and 35 prevention, which meets the standards approved by the United States 36 public health service for such biological products, and which is 37 approved by the department under such conditions as may be specified by 38 the public health and planning council. 39 3. The person in parental relation to any such child who has not 40 previously received such immunization shall present the child to a 41 health practitioner and request such health practitioner to administer 42 the necessary immunization against poliomyelitis, mumps, measles, 43 diphtheria, Haemophilus influenzae type b (Hib), rubella, varicella, 44 pertussis, tetanus, pneumococcal disease, meningococcal disease, influ- 45 enza virus, and hepatitis B as provided in subdivision two of this 46 section. 47 4. If any person in parental relation to such child is unable to pay 48 for the services of a private health practitioner, such person shall 49 present such child to the health officer of the county in which the 50 child resides, who shall then administer the immunizing agent without 51 charge. 52 5. The health practitioner who administers such immunizing agent 53 against poliomyelitis, mumps, measles, diphtheria, Haemophilus influen- 54 zae type b (Hib), rubella, varicella, pertussis, tetanus, pneumococcal 55 disease, meningococcal disease, influenza virus, and hepatitis B to anyA. 1230 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 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 immediately.