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A00501 Summary:

BILL NO    A00501B

SAME AS    SAME AS S00312-A

SPONSOR    Brodsky (MS)

COSPNSR    DiNapoli, Englebright, McEneny, Paulin

MLTSPNSR   Aubry, Colton, Cook, Dinowitz, Espaillat, Farrell, Hooper, John,
           Lavelle, Mayersohn, McLaughlin,Ortiz, Scarborough, Sidikman, Wright

Add S2167, Pub Health L

Requires certain camps and secondary schools and colleges to provide
information on menigococcal meningitis, transmission thereof, and immunization
against such disease; provides that the form of such information shall be
approved by the commissioner of health; provides for such institutions to
distribute waiver forms indicating that the student, parent or guardian: (a)
has received the information and (b) either has been immunized within the
preceding ten years or has opted not to obtain immunization against
menigococcal meningitis.
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A00501 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        501--B

                              2003-2004 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 8, 2003
                                      ___________

       Introduced  by  M. of A. BRODSKY, DiNAPOLI, ENGLEBRIGHT, McENENY, PAULIN
         -- Multi-Sponsored by -- M.  of  A.  AUBRY,  COLTON,  COOK,  DINOWITZ,
         ESPAILLAT,  FARRELL,  HOOPER,  JOHN,  LAVELLE,  MAYERSOHN, McLAUGHLIN,
         ORTIZ, SCARBOROUGH, SIDIKMAN, WRIGHT -- read once and referred to  the
         Committee  on Health -- reported and referred to the Committee on Ways
         and Means -- committee discharged, bill amended, ordered reprinted  as
         amended  and  recommitted  to said committee -- amended on the special
         order of third reading, ordered reprinted as  amended,  retaining  its
         place on the special order of third reading

       AN ACT to amend the public health law, in relation to information relat-
         ing to immunization against meningococcal meningitis

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1.   Statement of  legislative  findings  and  declaration  of
    2  purpose.    The  legislature  hereby  finds  and declares: meningococcal
    3  meningitis is a serious disease which can lead to death  within  only  a
    4  few  hours  of  onset,  is  fatal in one in ten cases, and leaves one in
    5  seven survivors with a severe disability such as loss of limb, cognitive
    6  deficits, paralysis, deafness,  or  seizures.  The  legislature  further
    7  finds  and declares that those residing in dormitory-like residences are
    8  at heightened risk to contract meningococcal meningitis and  that  chil-
    9  dren residing in camps share characteristics with populations which have
   10  been  scientifically  shown  to  be at heightened risk of exposure.  The
   11  legislature further finds that meningococcal meningitis outbreaks  cause
   12  significant  alarm and confusion in the communities in which they occur.
   13  The legislature further finds and declares that the  risk  presented  by
   14  meningococcal  meningitis  requires those individuals at risk to make an
   15  informed choice regarding immunization. The  legislature  further  finds
   16  and   declares  that  the  educational  and  decision  making  processes

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             { } is old law to be omitted.
                                                                  LBD03201-08-3

       A. 501--B                           2

    1  warranted by meningococcal meningitis are not applicable  to  situations
    2  in which the risks require mandatory immunization.
    3    S 2.  The public health law is amended by adding a new section 2167 to
    4  read as follows:
    5    S  2167.  IMMUNIZATION AGAINST MENINGOCOCCAL MENINGITIS. 1. AS USED IN
    6  THIS SECTION, UNLESS THE CONTEXT REQUIRES OTHERWISE:
    7    A. THE TERM "STUDENT" MEANS A PERSON ATTENDING AN INSTITUTION AND,  IN
    8  THE CASE OF A STUDENT ATTENDING COLLEGE, "STUDENT" MEANS A PERSON WHO IS
    9  REGISTERED  TO  ATTEND  OR WHO ATTENDS CLASSES AT AN INSTITUTION, WHO IS
   10  ENROLLED FOR AT LEAST SIX SEMESTER HOURS OR THE EQUIVALENT PER SEMESTER,
   11  OR AT LEAST FOUR SEMESTER HOURS PER QUARTER.
   12    B. THE TERM "INSTITUTION" MEANS AN ACADEMY OR COLLEGE, AS  DEFINED  IN
   13  SECTION  TWO  OF  THE  EDUCATION  LAW, OR A CHILDREN'S OVERNIGHT CAMP AS
   14  DEFINED IN SECTION ONE THOUSAND THREE HUNDRED NINETY-TWO OF  THIS  CHAP-
   15  TER, WHERE THE PERSON ATTENDING SUCH CAMP REMAINS OVERNIGHT FOR A PERIOD
   16  OF NOT FEWER THAN SEVEN DAYS.
   17    C.  THE  TERM  "IMMUNIZATION"  MEANS  AN  ADEQUATE DOSE OR DOSES OF AN
   18  IMMUNIZING AGENT AGAINST MENINGOCOCCAL MENINGITIS WHICH MEETS THE STAND-
   19  ARDS APPROVED BY THE  UNITED  STATES  PUBLIC  HEALTH  SERVICE  FOR  SUCH
   20  BIOLOGICAL  PRODUCTS  AND WHICH IS APPROVED BY THE DEPARTMENT UNDER SUCH
   21  CONDITIONS AS MAY BE SPECIFIED BY THE PUBLIC HEALTH COUNCIL.
   22    2. EACH INSTITUTION SHALL DISTRIBUTE, IN A FORM PROVIDED  OR  APPROVED
   23  BY  THE COMMISSIONER, WRITTEN INFORMATION ABOUT MENINGOCOCCAL MENINGITIS
   24  AND MENINGITIS IMMUNIZATION TO ALL STUDENTS. THE INFORMATION PROVIDED BY
   25  THE INSTITUTION SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   26    A. A DESCRIPTION OF THE DISEASE AND MEANS OF TRANSMISSION;
   27    B. THE BENEFITS, RISKS, AND EFFECTIVENESS OF IMMUNIZATION;
   28    C. THE AVAILABILITY AND COST OF IMMUNIZATION, INCLUDING AN  INDICATION
   29  OF WHETHER OR NOT THE INSTITUTION OFFERS MENINGOCOCCAL MENINGITIS IMMUN-
   30  IZATION SERVICES.
   31    3.  EACH  INSTITUTION  SHALL  ALSO  DISTRIBUTE,  IN A FORM PROVIDED OR
   32  APPROVED BY THE COMMISSIONER OF HEALTH, A RESPONSE FORM, TO BE COMPLETED
   33  BY THE STUDENT OR, WHERE THE STUDENT IS UNDER THE AGE OF EIGHTEEN YEARS,
   34  SUCH STUDENT'S PARENT OR GUARDIAN, WHICH SHALL INCLUDE THE FOLLOWING:
   35    A. THE STUDENT, OR IF UNDER THE AGE OF EIGHTEEN YEARS  THE  PARENT  OR
   36  GUARDIAN OF THE STUDENT, CERTIFIES THAT THE STUDENT HAS ALREADY RECEIVED
   37  IMMUNIZATION  AGAINST  MENINGOCOCCAL  MENINGITIS  WITHIN  THE  TEN YEARS
   38  PRECEDING THE DATE OF THE RESPONSE FORM;
   39    B. THE STUDENT, OR IF UNDER THE AGE OF EIGHTEEN YEARS  THE  PARENT  OR
   40  GUARDIAN  OF  SUCH  STUDENT,  HAS  RECEIVED AND REVIEWED THE INFORMATION
   41  PROVIDED BY THE INSTITUTION,  UNDERSTANDS  THE  RISKS  OF  MENINGOCOCCAL
   42  MENINGITIS  AND  THE  BENEFITS OF IMMUNIZATION, AND HAS DECIDED THAT THE
   43  STUDENT SHALL NOT OBTAIN IMMUNIZATION AGAINST MENINGOCOCCAL MENINGITIS.
   44    THE STUDENT, OR IF UNDER THE AGE OF EIGHTEEN YEARS THE PARENT OR GUAR-
   45  DIAN OF SUCH STUDENT, SHALL INDICATE HIS OR HER DECISION  IN  A  BOX  OR
   46  SPACE  PLACED  APPROPRIATELY  ON THE FORM AND SHALL RETURN THE COMPLETED
   47  FORM TO THE INSTITUTION. NOTHING IN THIS SUBDIVISION SHALL BE  CONSTRUED
   48  TO  PROHIBIT AN INSTITUTION FROM INCORPORATING THE FORM REQUIRED BY THIS
   49  SUBDIVISION INTO ANOTHER HEALTH CERTIFICATE  OR  FORM  REQUIRED  BY  THE
   50  INSTITUTION.
   51    4. EACH INSTITUTION SHALL MAINTAIN COMPLETED RESPONSE FORMS.
   52    5.  NO  INSTITUTION SHALL PERMIT ANY STUDENT TO ATTEND THE INSTITUTION
   53  IN EXCESS OF THIRTY DAYS WITHOUT COMPLYING WITH THIS SECTION;  PROVIDED,
   54  HOWEVER,  THAT  SUCH  THIRTY DAY PERIOD MAY BE EXTENDED TO NOT MORE THAN
   55  SIXTY DAYS IF A STUDENT CAN SHOW A GOOD FAITH EFFORT TO COMPLY WITH THIS
   56  SECTION.

       A. 501--B                           3

    1    6. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT INSTITUTIONS
    2  FROM ADOPTING OR MAINTAINING MORE STRINGENT POLICIES REGARDING IMMUNIZA-
    3  TION AGAINST MENINGOCOCCAL MENINGITIS.
    4    S 3. This act shall take effect August 15, 2003.
.SO DOC A 501B          *END*                    BTXT                 2003
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