Bill Text: NY A07042 | 2021-2022 | General Assembly | Introduced

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Bill Title: Establishes a claim for strict liability 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) 2022-01-05 - referred to judiciary [A07042 Detail]

Download: New_York-2021-A07042-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7042

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     April 21, 2021
                                       ___________

        Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
          tee on Judiciary

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06949-01-1
        A. 7042                             2

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