Bill Text: NY A09561 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relates to adult immunization registry; makes registered professional nurses and pharmacists authorized to administer immunizations "authorized users"; requires reporting of consent of the vaccinee.

Spectrum: Strong Partisan Bill (Democrat 13-1)

Status: (Introduced - Dead) 2014-06-17 - substituted by s7253a [A09561 Detail]

Download: New_York-2013-A09561-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9561
                                 I N  A S S E M B L Y
                                      May 7, 2014
                                      ___________
       Introduced  by  M. of A. PAULIN, GOTTFRIED, GUNTHER, JACOBS, MAGNARELLI,
         MOSLEY, OTIS -- Multi-Sponsored by -- M. of A. BUCHWALD, CLARK,  COOK,
         McDONOUGH,  STECK,  SWEENEY -- read once and referred to the Committee
         on Health
       AN ACT to amend the public health law, in relation to adult immunization
         registry
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (a) of subdivision 2 and subdivision 3 of section
    2  2168  of the public health law, subdivision 3 as amended by section 7 of
    3  part A of chapter 58 of the laws of 2009, paragraph (a) of subdivision 2
    4  and paragraph (a) of subdivision 3 as amended by chapter 154 of the laws
    5  of 2013, are amended to read as follows:
    6    (a) The term "authorized user" shall mean any person or entity author-
    7  ized to provide information to or to receive information from the state-
    8  wide immunization information  system  and  shall  include  health  care
    9  providers  and  their  designees,  as  defined  in paragraph (d) of this
   10  subdivision, schools as defined in paragraph a  of  subdivision  one  of
   11  section twenty-one hundred sixty-four of this title, colleges as defined
   12  in  section two of the education law, professional and technical schools
   13  as referred to in the definition of higher education in section  two  of
   14  the  education  law,  children's overnight camps and summer day camps as
   15  defined in section thirteen hundred ninety-two of  this  chapter,  third
   16  party  payer  as  defined  in  paragraph  (f) of this subdivision, local
   17  health districts as defined by  paragraph  (c)  of  subdivision  one  of
   18  section  two  of  this  chapter, local social services districts and the
   19  office of children and family services with regard to children in  their
   20  legal  custody,  [and]  WIC programs as defined in paragraph (g) of this
   21  subdivision, REGISTERED PROFESSIONAL NURSES, AND PHARMACISTS  AUTHORIZED
   22  TO  ADMINISTER  IMMUNIZATIONS  PURSUANT  TO  SUBDIVISION  TWO OF SECTION
   23  SIXTY-EIGHT HUNDRED ONE OF THE EDUCATION LAW.  An authorized user may be
   24  located outside New York state. An entity  other  than  a  local  health
   25  district shall be an authorized user only with respect to a person seek-
   26  ing  or receiving a health care service from the health care provider, a
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14811-02-4
       A. 9561                             2
    1  person enrolled or seeking to  be  enrolled  in  the  school,  a  person
    2  insured  by  the third party payer, a person in the custody of the local
    3  social services district or the office of children and family  services,
    4  or  a  person seeking or receiving services through WIC programs, as the
    5  case may be.
    6    3. (a) Any health care provider  who  administers  any  vaccine  to  a
    7  person  less than nineteen years of age or, on or after September first,
    8  two thousand nine, conducts a blood lead analysis of a  sample  obtained
    9  from  a  person under eighteen years of age in accordance with paragraph
   10  (h) of subdivision two of this section; and immunizations received by  a
   11  person  less  than  nineteen  years  of  age  in the past if not already
   12  reported, shall report all such immunizations and  the  results  of  any
   13  blood  lead  analysis  to  the  department in a format prescribed by the
   14  commissioner within fourteen days of administration  of  such  immuniza-
   15  tions  or  of  obtaining  the  results  of any such blood lead analysis.
   16  Health care providers administering immunizations to persons  less  than
   17  nineteen  years of age in the city of New York shall report, in a format
   18  prescribed by the city of New York commissioner  of  health  and  mental
   19  hygiene,  all  such immunizations to the citywide immunization registry.
   20  [The commissioner, and for the city of  New  York  the  commissioner  of
   21  health  and  mental  hygiene,  shall  have  the discretion to accept for
   22  inclusion in the system information regarding immunizations administered
   23  to individuals nineteen years of age or older with the  consent  of  the
   24  vaccinee.]  Health care providers who conduct a blood lead analysis on a
   25  person under eighteen years of age and who report the  results  of  such
   26  analysis  to  the  city  of  New  York commissioner of health and mental
   27  hygiene pursuant to New York city reporting requirements shall be exempt
   28  from this requirement for reporting blood lead analysis results  to  the
   29  state  commissioner  of  health;  provided, however, blood lead analysis
   30  data collected from physician office laboratories by the commissioner of
   31  health and mental hygiene of the city of New York pursuant to the health
   32  code of the city of New York shall be provided to the  department  in  a
   33  format prescribed by the commissioner.
   34    (b)  (I)  ANY  HEALTH  CARE  PROVIDER WHO ADMINISTERS ANY VACCINE TO A
   35  PERSON NINETEEN YEARS OF AGE OR OLDER, MAY REPORT, WITH THE ORAL CONSENT
   36  OF THE VACCINEE, ALL SUCH IMMUNIZATIONS TO THE DEPARTMENT  IN  A  FORMAT
   37  PRESCRIBED BY THE COMMISSIONER WITHIN FOURTEEN DAYS OF ADMINISTRATION OF
   38  SUCH IMMUNIZATIONS. HEALTH CARE PROVIDERS ADMINISTERING IMMUNIZATIONS TO
   39  PERSONS  NINETEEN  YEARS  OF  AGE  OR  OLDER IN THE CITY OF NEW YORK MAY
   40  REPORT, WITH THE ORAL CONSENT OF THE VACCINEE, IN A FORMAT PRESCRIBED BY
   41  THE CITY OF NEW YORK COMMISSIONER OF HEALTH AND MENTAL HYGIENE, ALL SUCH
   42  IMMUNIZATIONS TO THE CITYWIDE IMMUNIZATION REGISTRY.
   43    (II) A REGISTERED PROFESSIONAL NURSE, OR A PHARMACIST WHO  ADMINISTERS
   44  A VACCINE PURSUANT TO SUBDIVISION TWO OF SECTION SIXTY-EIGHT HUNDRED ONE
   45  OF  THE EDUCATION LAW, TO A PERSON NINETEEN YEARS OF AGE OR OLDER, SHALL
   46  REPORT, WITH THE ORAL CONSENT OF THE VACCINEE, ALL SUCH IMMUNIZATIONS TO
   47  THE DEPARTMENT IN A FORMAT PRESCRIBED BY THE COMMISSIONER  WITHIN  FOUR-
   48  TEEN  DAYS  OF ADMINISTRATION OF SUCH IMMUNIZATIONS.  REGISTERED PROFES-
   49  SIONAL NURSES OR PHARMACISTS  ADMINISTERING  IMMUNIZATIONS  PURSUANT  TO
   50  SUBDIVISION TWO OF SECTION SIXTY-EIGHT HUNDRED ONE OF THE EDUCATION LAW,
   51  TO  PERSONS NINETEEN YEARS OF AGE OR OLDER IN THE CITY OF NEW YORK SHALL
   52  REPORT, WITH THE ORAL CONSENT OF THE VACCINEE, IN A FORMAT PRESCRIBED BY
   53  THE CITY OF NEW YORK COMMISSIONER OF HEALTH AND MENTAL HYGIENE, ALL SUCH
   54  IMMUNIZATIONS TO THE CITYWIDE IMMUNIZATION REGISTRY.
   55    (C) The statewide immunization  information  system  shall  provide  a
   56  method for health care providers to determine when the registrant is due
       A. 9561                             3
    1  or  late  for  a recommended immunization and shall serve as a means for
    2  authorized users to receive prompt and accurate information, as reported
    3  to the system, about the vaccines that the registrant has received.
    4    S  2.  Paragraph  (c)  of  subdivision 8 of section 2168 of the public
    5  health law, as amended by section 7 of part A of chapter 58 of the  laws
    6  of 2009, is amended to read as follows:
    7    (c) health care providers and their designees, REGISTERED PROFESSIONAL
    8  NURSES,  AND PHARMACISTS AUTHORIZED TO ADMINISTER IMMUNIZATIONS PURSUANT
    9  TO SUBDIVISION TWO OF SECTION SIXTY-EIGHT HUNDRED ONE OF  THE  EDUCATION
   10  LAW  shall  have access to the statewide immunization information system
   11  and the blood lead information in  such  system  only  for  purposes  of
   12  submission  of  information  about  vaccinations  received by a specific
   13  registrant, determination of  the  immunization  status  of  a  specific
   14  registrant, determination of the blood lead testing status of a specific
   15  registrant,  submission  of  the results from a blood lead analysis of a
   16  sample obtained from a specific registrant in accordance with  paragraph
   17  (h)  of  subdivision  two  of this section, review of practice coverage,
   18  generation of reminder notices, quality improvement  and  accountability
   19  and  printing  a copy of the immunization or lead testing record for the
   20  registrant's medical record, for the registrant's parent or guardian, or
   21  other person in parental or custodial relation to  a  child,  or  for  a
   22  registrant upon reaching eighteen years of age.
   23    S 3. This act shall take effect immediately.