Bill Text: NY S00298 | 2019-2020 | General Assembly | Introduced

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

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Bill Title: Provides for the immunization of all children born after January 1, 2009 with the human papillomavirus (HPV).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HEALTH [S00298 Detail]

Download: New_York-2019-S00298-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           298
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
        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. The section heading and subdivisions  2,  3,  5  and  6  of
     2  section  2164 of the public health law, as amended by chapter 401 of the
     3  laws of 2015, are amended to read as follows:
     4    Definitions;  immunization  against  poliomyelitis,  mumps,   measles,
     5  diphtheria,  rubella, varicella, human papillomavirus (HPV), Haemophilus
     6  influenzae type  b  (Hib),  pertussis,  tetanus,  pneumococcal  disease,
     7  meningococcal disease, and hepatitis B.
     8    2. a. Every person in parental relation to a child in this state shall
     9  have administered to such child an adequate dose or doses of an immuniz-
    10  ing  agent  against  poliomyelitis, mumps, measles, diphtheria, rubella,
    11  varicella, human papillomavirus (HPV),  Haemophilus  influenzae  type  b
    12  (Hib),  pertussis, tetanus, pneumococcal disease, and hepatitis B, which
    13  meets the standards approved by the United States public health  service
    14  for  such  biological  products, and which is approved by the department
    15  under such conditions as may be specified by the public health council.
    16    b. Every person in parental relation to a child in this state born  on
    17  or  after January first, nineteen hundred ninety-four and entering sixth
    18  grade or a comparable age level special education program with an  unas-
    19  signed grade on or after September first, two thousand seven, shall have
    20  administered  to such child a booster immunization containing diphtheria
    21  and tetanus toxoids, [and] an acellular  pertussis  vaccine,  and  human
    22  papillomavirus  (HPV),  which meets the standards approved by the United
    23  States public health service for such biological products, and which  is
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03954-02-9
        S. 298                              2
     1  approved  by the department under such conditions as may be specified by
     2  the public health council.
     3    c. Every person in parental relation to a child in this state entering
     4  or  having  entered  seventh grade and twelfth grade or a comparable age
     5  level special education program with an unassigned  grade  on  or  after
     6  September  first,  two thousand sixteen, shall have administered to such
     7  child an adequate dose or doses of immunizing agents against meningococ-
     8  cal disease as recommended by the  advisory  committee  on  immunization
     9  practices of the centers for disease control and prevention, which meets
    10  the  standards  approved  by the United States public health service for
    11  such biological products, and which is approved by the department  under
    12  such  conditions  as  may be specified by the public health and planning
    13  council.
    14    3. The person in parental relation to  any  such  child  who  has  not
    15  previously  received  such  immunization  shall  present  the child to a
    16  health practitioner and request such health practitioner  to  administer
    17  the   necessary  immunization  against  poliomyelitis,  mumps,  measles,
    18  diphtheria, Haemophilus influenzae type  b  (Hib),  rubella,  varicella,
    19  human  papillomavirus  (HPV),  pertussis, tetanus, pneumococcal disease,
    20  meningococcal disease, and hepatitis B as provided in subdivision two of
    21  this section.
    22    5. The health  practitioner  who  administers  such  immunizing  agent
    23  against  poliomyelitis, mumps, measles, diphtheria, Haemophilus influen-
    24  zae type b (Hib), rubella, varicella,  pertussis,  human  papillomavirus
    25  (HPV), tetanus, pneumococcal disease, meningococcal disease, and hepati-
    26  tis B to any such child shall give a certificate of such immunization to
    27  the person in parental relation to such child.
    28    6.  In  the  event that a person in parental relation to a child makes
    29  application for admission of such child to  a  school  or  has  a  child
    30  attending  school  and  there  exists no certificate or other acceptable
    31  evidence of  the  child's  immunization  against  poliomyelitis,  mumps,
    32  measles,  diphtheria,  rubella, varicella, hepatitis B, pertussis, teta-
    33  nus, and, where applicable, Haemophilus influenzae type b (Hib),  menin-
    34  gococcal  disease,  and  pneumococcal  disease,  the principal, teacher,
    35  owner or person in charge of the school shall inform such person of  the
    36  necessity  to  have  the  child immunized, that such immunization may be
    37  administered by any health practitioner, or that the child may be immun-
    38  ized without charge by the health officer in the county where the  child
    39  resides,  if  such person executes a consent therefor. In the event that
    40  such person does not wish to select a health practitioner to  administer
    41  the  immunization,  he  or she shall be provided with a form which shall
    42  give notice that as a prerequisite to  processing  the  application  for
    43  admission  to,  or  for  continued attendance at, the school such person
    44  shall state a valid reason for withholding consent or consent  shall  be
    45  given  for  immunization  to  be administered by a health officer in the
    46  public employ, or by a school physician or nurse. The form shall provide
    47  for the execution of a consent by such person and it  shall  also  state
    48  that  such  person need not execute such consent if subdivision eight or
    49  nine of this section apply to such child.
    50    § 2. Paragraph (a) of subdivision 7 of  section  2164  of  the  public
    51  health law, as amended by chapter 401 of the laws of 2015, is amended to
    52  read as follows:
    53    (a) No principal, teacher, owner or person in charge of a school shall
    54  permit  any  child  to  be  admitted  to  such school, or to attend such
    55  school, in excess of fourteen days, without the certificate provided for
    56  in subdivision five of this section or some other acceptable evidence of
        S. 298                              3
     1  the child's immunization against poliomyelitis, mumps, measles, diphthe-
     2  ria,  rubella,  varicella,  human  papillomavirus  (HPV),  hepatitis  B,
     3  pertussis, tetanus, and, where applicable, Haemophilus influenzae type b
     4  (Hib), meningococcal disease, and pneumococcal disease; provided, howev-
     5  er,  such  fourteen  day  period may be extended to not more than thirty
     6  days for an individual student by the  appropriate  principal,  teacher,
     7  owner  or other person in charge where such student is transferring from
     8  out-of-state or from another country and can show a good faith effort to
     9  get the necessary certification or other evidence of immunization.
    10    § 3. The opening paragraph of subdivision 8-a of section 2164  of  the
    11  public  health  law,  as  amended by chapter 401 of the laws of 2015, is
    12  amended to read as follows:
    13    Whenever a child has been refused admission to, or  continued  attend-
    14  ance  at,  a school as provided for in subdivision seven of this section
    15  because there exists no certificate provided for in subdivision five  of
    16  this  section  or  other acceptable evidence of the child's immunization
    17  against poliomyelitis, mumps, measles, diphtheria,  rubella,  varicella,
    18  human  papillomavirus (HPV), hepatitis B, pertussis, tetanus, and, where
    19  applicable, Haemophilus influenzae type b (Hib), meningococcal  disease,
    20  and  pneumococcal  disease,  the  principal, teacher, owner or person in
    21  charge of the school shall:
    22    § 4. Paragraph (a) of subdivision 1  of  section  613  of  the  public
    23  health law, as amended by section 24 of part E of chapter 56 of the laws
    24  of 2013, is amended to read as follows:
    25    (a)  The  commissioner  shall develop and supervise the execution of a
    26  program of immunization, surveillance and testing, to raise to the high-
    27  est reasonable level the immunity of the children of the  state  against
    28  communicable  diseases including, but not limited to, influenza, poliom-
    29  yelitis, measles, mumps, rubella, haemophilus influenzae type  b  (Hib),
    30  diphtheria,  pertussis,  tetanus, varicella, human papillomavirus (HPV),
    31  hepatitis B, pneumococcal disease, and the immunity  of  adults  of  the
    32  state against diseases identified by the commissioner, including but not
    33  limited to influenza, smallpox, hepatitis and such other diseases as the
    34  commissioner  may  designate through regulation.   Municipalities in the
    35  state shall maintain local programs of immunization to raise the immuni-
    36  ty of the children and  adults  of  each  municipality  to  the  highest
    37  reasonable  level,  in  accordance  with  an  application  for state aid
    38  submitted by the municipality and approved  by  the  commissioner.  Such
    39  programs  shall  include  assurance of provision of vaccine, serological
    40  testing of individuals and educational efforts  to  inform  health  care
    41  providers  and  target populations or their parents, if they are minors,
    42  of the facts relative to these diseases  and  immunizations  to  prevent
    43  their occurrence.
    44    §  5.  This  act  shall  take  effect  on  the first of September next
    45  succeeding the date on which it  shall  have  become  a  law;  provided,
    46  however,  that  sections one, two and three of this act shall apply only
    47  to children born on or after January 1, 1998.