Bill Text: NY A02912 | 2019-2020 | General Assembly | Amended
Bill Title: Provides for the immunization of all children born after January 1, 2009 with the human papillomavirus (HPV).
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2020-01-08 - referred to health [A02912 Detail]
Download: New_York-2019-A02912-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2912--A 2019-2020 Regular Sessions IN ASSEMBLY January 28, 2019 ___________ Introduced by M. of A. PAULIN, GUNTHER, ORTIZ -- Multi-Sponsored by -- M. of A. DINOWITZ, LIFTON -- read once and referred to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to requiring immuni- zation 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. Section 2164 of the public health law, as amended by chap- 2 ter 401 of the laws of 2015, subdivisions 6 and 7 as amended by chapter 3 35 of the laws of 2019, is amended to read as follows: 4 § 2164. Definitions; immunization against poliomyelitis, mumps, 5 measles, diphtheria, rubella, varicella, Haemophilus influenzae type b 6 (Hib), pertussis, tetanus, pneumococcal disease, meningococcal disease, 7 [and] hepatitis B and human papillomavirus (HPV). 1. As used in this 8 section, unless the context requires otherwise: 9 a. The term "school" means and includes any public, private or paro- 10 chial child caring center, day nursery, day care agency, nursery school, 11 kindergarten, elementary, intermediate or secondary school. 12 b. The term "child" shall mean and include any person between the ages 13 of two months and eighteen years. 14 c. The term "person in parental relation to a child" shall mean and 15 include his father or mother, by birth or adoption, his legally 16 appointed guardian, or his custodian. A person shall be regarded as the 17 custodian of a child if he has assumed the charge and care of the child 18 because the parents or legally appointed guardian of the minor have 19 died, are imprisoned, are mentally ill, or have been committed to an 20 institution, or because they have abandoned or deserted such child or 21 are living outside the state or their whereabouts are unknown, or have 22 designated the person pursuant to title fifteen-A of article five of the 23 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. LBD03954-10-9A. 2912--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 and health planning 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 and health planning 20 council. 21 c. Every person in parental relation to a child in this state entering 22 or having entered seventh grade and twelfth grade or a comparable age 23 level special education program with an unassigned grade on or after 24 September first, two thousand sixteen, shall have administered to such 25 child an adequate dose or doses of immunizing agents against meningococ- 26 cal disease as recommended by the advisory committee on immunization 27 practices of the centers for disease control and prevention, which meets 28 the standards approved by the United States public health service for 29 such biological products, and which is approved by the department under 30 such conditions as may be specified by the public health and health 31 planning council. 32 d. Every person in parental relation to a child in this state entering 33 or having entered seventh grade or a comparable age level special educa- 34 tion program with an unassigned grade on or after September first, two 35 thousand twenty-one, shall have administered to such child an adequate 36 dose or doses of immunizing agents against human papillomavirus (HPV) as 37 recommended by the advisory committee on immunization practices of the 38 centers for disease control and prevention, which meets the standards 39 approved by the United States public health service for such biological 40 products, and which is approved by the department under such conditions 41 as may be specified by the public health and health planning council. 42 3. The person in parental relation to any such child who has not 43 previously received such immunization shall present the child to a 44 health practitioner and request such health practitioner to administer 45 the necessary immunization against poliomyelitis, mumps, measles, 46 diphtheria, Haemophilus influenzae type b (Hib), rubella, varicella, 47 pertussis, tetanus, pneumococcal disease, meningococcal disease, [and] 48 hepatitis B and human papillomavirus (HPV) as provided in subdivision 49 two of this section. 50 4. If any person in parental relation to such child is unable to pay 51 for the services of a private health practitioner, such person shall 52 present such child to the health officer of the county in which the 53 child resides, who shall then administer the immunizing agent without 54 charge. 55 5. The health practitioner who administers such immunizing agent 56 against poliomyelitis, mumps, measles, diphtheria, Haemophilus influen-A. 2912--A 3 1 zae type b (Hib), rubella, varicella, pertussis, tetanus, pneumococcal 2 disease, meningococcal disease, [and] hepatitis B and human papillomavi- 3 rus (HPV) to any such child shall give a certificate of such immuniza- 4 tion to the person in parental relation to such child. 5 6. In the event that a person in parental relation to a child makes 6 application for admission of such child to a school or has a child 7 attending school and there exists no certificate or other acceptable 8 evidence of the child's immunization against poliomyelitis, mumps, 9 measles, diphtheria, rubella, varicella, hepatitis B, pertussis, teta- 10 nus, and, where applicable, Haemophilus influenzae type b (Hib), menin- 11 gococcal disease, [and] pneumococcal disease and human papillomavirus 12 (HPV), the principal, teacher, owner or person in charge of the school 13 shall inform such person of the necessity to have the child immunized, 14 that such immunization may be administered by any health practitioner, 15 or that the child may be immunized without charge by the health officer 16 in the county where the child resides, if such person executes a consent 17 therefor. In the event that such person does not wish to select a health 18 practitioner to administer the immunization, he or she shall be provided 19 with a form which shall give notice that as a prerequisite to processing 20 the application for admission to, or for continued attendance at, the 21 school such person shall state a valid reason for withholding consent or 22 consent shall be given for immunization to be administered by a health 23 officer in the public employ, or by a school physician or nurse. The 24 form shall provide for the execution of a consent by such person and it 25 shall also state that such person need not execute such consent if 26 subdivision eight of this section applies to such child. 27 7. (a) No principal, teacher, owner or person in charge of a school 28 shall permit any child to be admitted to such school, or to attend such 29 school, in excess of fourteen days, without the certificate provided for 30 in subdivision five of this section or some other acceptable evidence of 31 the child's immunization against poliomyelitis, mumps, measles, diphthe- 32 ria, rubella, varicella, hepatitis B, pertussis, tetanus, and, where 33 applicable, Haemophilus influenzae type b (Hib), meningococcal disease, 34 [and] pneumococcal disease and human papillomavirus (HPV); provided, 35 however, such fourteen day period may be extended to not more than thir- 36 ty days for an individual student by the appropriate principal, teacher, 37 owner or other person in charge where such student is transferring from 38 out-of-state or from another country and can show a good faith effort to 39 get the necessary certification or other evidence of immunization or 40 where the parent, guardian, or any other person in parental relationship 41 to such child can demonstrate that a child has received at least the 42 first dose in each immunization series required by this section and has 43 age appropriate appointments scheduled to complete the immunization 44 series according to the Advisory Committee on Immunization Practices 45 Recommended Immunization Schedules for Persons Aged 0 through 18 Years. 46 (b) A parent, a guardian or any other person in parental relationship 47 to a child denied school entrance or attendance may appeal by petition 48 to the commissioner of education in accordance with the provisions of 49 section three hundred ten of the education law. 50 8. If any physician licensed to practice medicine in this state certi- 51 fies that such immunization may be detrimental to a child's health, the 52 requirements of this section shall be inapplicable until such immuniza- 53 tion is found no longer to be detrimental to the child's health. 54 8-a. Whenever a child has been refused admission to, or continued 55 attendance at, a school as provided for in subdivision seven of this 56 section because there exists no certificate provided for in subdivisionA. 2912--A 4 1 five of this section or other acceptable evidence of the child's immuni- 2 zation against poliomyelitis, mumps, measles, diphtheria, rubella, vari- 3 cella, hepatitis B, pertussis, tetanus, and, where applicable, Haemophi- 4 lus influenzae type b (Hib), meningococcal disease, [and] pneumococcal 5 disease and human papillomavirus (HPV), the principal, teacher, owner or 6 person in charge of the school shall: 7 a. forward a report of such exclusion and the name and address of such 8 child to the local health authority and to the person in parental 9 relation to the child together with a notification of the responsibility 10 of such person under subdivision two of this section and a form of 11 consent as prescribed by regulation of the commissioner, and 12 b. provide, with the cooperation of the appropriate local health 13 authority, for a time and place at which an immunizing agent or agents 14 shall be administered, as required by subdivision two of this section, 15 to a child for whom a consent has been obtained. Upon failure of a local 16 health authority to cooperate in arranging for a time and place at which 17 an immunizing agent or agents shall be administered as required by 18 subdivision two of this section, the commissioner shall arrange for such 19 administration and may recover the cost thereof from the amount of state 20 aid to which the local health authority would otherwise be entitled. 21 10. The commissioner may adopt and amend rules and regulations to 22 effectuate the provisions and purposes of this section. 23 11. Every school shall annually provide the commissioner, on forms 24 provided by the commissioner, a summary regarding compliance with the 25 provisions of this section. 26 § 2. Subdivision 7 of section 2164 of the public health law, as 27 amended by chapter 401 of the laws of 2015, is amended to read as 28 follows: 29 7. (a) No principal, teacher, owner or person in charge of a school 30 shall permit any child to be admitted to such school, or to attend such 31 school, in excess of fourteen days, without the certificate provided for 32 in subdivision five of this section or some other acceptable evidence of 33 the child's immunization against poliomyelitis, mumps, measles, diphthe- 34 ria, rubella, varicella, hepatitis B, pertussis, tetanus, and, where 35 applicable, Haemophilus influenzae type b (Hib), meningococcal disease, 36 [and] pneumococcal disease and human papillomavirus (HPV); provided, 37 however, such fourteen day period may be extended to not more than thir- 38 ty days for an individual student by the appropriate principal, teacher, 39 owner or other person in charge where such student is transferring from 40 out-of-state or from another country and can show a good faith effort to 41 get the necessary certification or other evidence of immunization. 42 (b) A parent, a guardian or any other person in parental relationship 43 to a child denied school entrance or attendance may appeal by petition 44 to the commissioner of education in accordance with the provisions of 45 section three hundred ten of the education law. 46 § 3. Paragraph (a) of subdivision 1 of section 613 of the public 47 health law, as amended by section 24 of part E of chapter 56 of the laws 48 of 2013, is amended to read as follows: 49 (a) The commissioner shall develop and supervise the execution of a 50 program of immunization, surveillance and testing, to raise to the high- 51 est reasonable level the immunity of the children of the state against 52 communicable diseases including, but not limited to, influenza, poliom- 53 yelitis, measles, mumps, rubella, haemophilus influenzae type b (Hib), 54 diphtheria, pertussis, tetanus, varicella, hepatitis B, pneumococcal 55 disease, human papillomavirus (HPV), and the immunity of adults of the 56 state against diseases identified by the commissioner, including but notA. 2912--A 5 1 limited to influenza, smallpox, hepatitis and such other diseases as the 2 commissioner may designate through regulation. Municipalities in the 3 state shall maintain local programs of immunization to raise the immuni- 4 ty of the children and adults of each municipality to the highest 5 reasonable level, in accordance with an application for state aid 6 submitted by the municipality and approved by the commissioner. Such 7 programs shall include assurance of provision of vaccine, serological 8 testing of individuals and educational efforts to inform health care 9 providers and target populations or their parents, if they are minors, 10 of the facts relative to these diseases and immunizations to prevent 11 their occurrence. 12 § 4. This act shall take effect on September 1, 2021; provided, howev- 13 er, that: 14 a. sections one and two of this act shall apply only to children born 15 on or after January 1, 2009; and 16 b. the amendments to subdivision 7 of section 2164 of the public 17 health law made by section one of this act shall be subject to the expi- 18 ration and reversion of such subdivision pursuant to section 4 of chap- 19 ter 35 of the laws of 2019 when upon such date the provisions of section 20 two of this act shall take effect. 21 Effective immediately the addition, amendment and/or repeal of any 22 rule or regulation necessary for the implementation of this act on its 23 effective date are authorized to be made and completed on or before such 24 date.
