A00791 Summary:

BILL NOA00791C
 
SAME ASSAME AS S04324-A
 
SPONSORGunther
 
COSPNSRJaffee, O'Donnell, Titone, Lavine, Quart, Zebrowski, Rodriguez, Paulin, Walter, Hevesi, Goldfeder, McDonald, Duprey, Brindisi, Steck, Aubry, Weprin, Schimel, Clark, Dinowitz, Kaminsky, Simotas, Stirpe, Linares, Rosenthal, Skoufis, Nojay
 
MLTSPNSRFarrell, Fitzpatrick, Palmesano, Perry, Raia, Simanowitz
 
Amd S2164, Pub Health L
 
Relates to meningococcal immunizations; requires certain parents ensure the immunization of their children against meningococcal disease.
Go to top    

A00791 Actions:

BILL NOA00791C
 
01/07/2015referred to health
02/24/2015amend and recommit to health
02/24/2015print number 791a
05/28/2015reported referred to codes
05/28/2015amend and recommit to codes
05/28/2015print number 791b
06/02/2015amend and recommit to codes
06/02/2015print number 791c
06/15/2015reported referred to rules
06/15/2015reported
06/15/2015rules report cal.454
06/15/2015ordered to third reading rules cal.454
06/17/2015substituted by s4324a
 S04324 AMEND=A HANNON
 03/13/2015REFERRED TO HEALTH
 05/28/20151ST REPORT CAL.1057
 06/01/2015AMENDED 4324A
 06/01/20152ND REPORT CAL.
 06/02/2015ADVANCED TO THIRD READING
 06/17/2015PASSED SENATE
 06/17/2015DELIVERED TO ASSEMBLY
 06/17/2015referred to codes
 06/17/2015substituted for a791c
 06/17/2015ordered to third reading rules cal.454
 06/17/2015passed assembly
 06/17/2015returned to senate
 10/14/2015DELIVERED TO GOVERNOR
 10/26/2015SIGNED CHAP.401
Go to top

A00791 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A791C
 
SPONSOR: Gunther (MS)
  TITLE OF BILL: An act to amend the public health law, in relation to meningococcal immunizations   PURPOSE OR GENERAL IDEA OF BILL: This bill requires vaccination against meningococcal disease for seventh graders and twelfth graders   SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill requires immunization against meningococcal disease for students entering, repeating or transferring into the seventh and twelfth grades and adds meningococcal disease to the list of school vaccination requirements. Section 2 is the effective date.   JUSTIFICATION: According to the CDC, roughly 1,000 - 1,200 people contract meningococ- cal disease each year in the United States. Between ten and fifteen percent of these cases are fatal. Eleven to nineteen percent of those who survive will suffer from permanent hearing loss, developmental delays, loss of limbs, or other serious conditions. This bill would require meningococcal vaccinations for students entering the seventh and twelfth grades. The Advisory Committee on Immunization Practices (ACIP), which provides advice and guidance to the Director of the Centers for Disease Control and Prevention (CDC), recommends a single dose of vaccine be administered at age 11 or 12, and a booster at age 16. Currently, more than 20 states require meningococcal vaccines.   PRIOR LEGISLATIVE HISTORY: 2014: A9347/S7348 Referred to Health   FISCAL IMPLICATIONS: None noted. Health plans in the state of New York are required to cover preventive and primary care services, including necessary immunizations. Additionally, the Vaccines for Children (VFC) program is a federally funded program that provides ACIP recommended vaccines at no cost to children who might not otherwise be vaccinated because of inability to pay.   EFFECTIVE DATE: This act shall take effect immediately.
Go to top

A00791 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         791--C
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 7, 2015
                                       ___________
 
        Introduced  by  M.  of  A.  GUNTHER,  JAFFEE, O'DONNELL, TITONE, LAVINE,
          QUART, ZEBROWSKI, RODRIGUEZ, PAULIN, WALTER, HEVESI, GOLDFEDER,  McDO-
          NALD,  DUPREY,  BRINDISI, STECK, AUBRY, WEPRIN, SCHIMEL, CLARK, DINOW-
          ITZ, KAMINSKY, SIMOTAS, STIRPE, LINARES, ROSENTHAL, SKOUFIS --  Multi-
          Sponsored  by  --  M.   of A. FITZPATRICK, PALMESANO, PERRY, RA, RAIA,
          SIMANOWITZ -- read once and referred to the  Committee  on  Health  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- reported and referred to the  Commit-
          tee  on Codes -- committee discharged, bill amended, ordered reprinted
          as amended and recommitted to said committee --  again  reported  from
          said  committee  with  amendments,  ordered  reprinted  as amended and
          recommitted to said committee
 
        AN ACT to amend the public health  law,  in  relation  to  meningococcal
          immunizations
 
          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 added by  chapter
     2  994  of the laws of 1966, the section heading and subdivisions 3, 5, and
     3  6, paragraph (a) of subdivision 7 and the opening paragraph of  subdivi-
     4  sion  8-a  as amended by chapter 189 of the laws of 2006, paragraph b of
     5  subdivision 1 and subdivision 7 as amended by chapter 443 of the laws of
     6  1979, paragraph c of subdivision 1 as amended by chapter 119 of the laws
     7  of 2005, paragraph d of subdivision 1 as added and  subdivisions  4  and
     8  8-a  as  amended  by  chapter  538 of the laws of 1989, subdivision 2 as
     9  separately amended by chapters 189 and 506 of the laws of 2006, subdivi-
    10  sions 8 and 10 as renumbered by chapter 633 of the laws of 1975,  subdi-
    11  vision  9  as  separately amended by chapters 405 and 538 of the laws of
    12  1989, subdivision 10 as added by chapter 1094 of the laws of  1968,  and
    13  subdivision  11  as added by chapter 521 of the laws of 1994, is amended
    14  to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02179-11-5

        A. 791--C                           2
 
     1    §  2164.  Definitions;  immunization  against  poliomyelitis,   mumps,
     2  measles,  diphtheria,  rubella, varicella, Haemophilus influenzae type b
     3  (Hib), pertussis, tetanus, pneumococcal disease, meningococcal  disease,
     4  and  hepatitis  B.    1.  As  used  in  this section, unless the context
     5  requires otherwise:
     6    a.  The  term "school" means and includes any public, private or paro-
     7  chial child caring center, day nursery, day care agency, nursery school,
     8  kindergarten, elementary, intermediate or secondary school.
     9    b. The term "child" shall mean and include any person between the ages
    10  of two months and eighteen years.
    11    c. The term "person in parental relation to a child"  shall  mean  and
    12  include  his  father  or  mother,  by  birth  or  adoption,  his legally
    13  appointed guardian, or his custodian. A person shall be regarded as  the
    14  custodian  of a child if he has assumed the charge and care of the child
    15  because the parents or legally appointed  guardian  of  the  minor  have
    16  died,  are  imprisoned,  are  mentally ill, or have been committed to an
    17  institution, or because they have abandoned or deserted  such  child  or
    18  are  living  outside the state or their whereabouts are unknown, or have
    19  designated the person pursuant to title fifteen-A of article five of the
    20  general obligations law as a person in parental relation to the child.
    21    d. The term "health practitioner" shall mean any person authorized  by
    22  law to administer an immunization.
    23    2. a. Every person in parental relation to a child in this state shall
    24  have administered to such child an adequate dose or doses of an immuniz-
    25  ing  agent  against  poliomyelitis, mumps, measles, diphtheria, rubella,
    26  varicella, Haemophilus influenzae  type  b  (Hib),  pertussis,  tetanus,
    27  pneumococcal  disease,  and  hepatitis  B,  which  meets  the  standards
    28  approved by the United States public health service for such  biological
    29  products,  and which is approved by the department under such conditions
    30  as may be specified by the public health council.
    31    b. Every person in parental relation to a child in this state born  on
    32  or  after January first, nineteen hundred ninety-four and entering sixth
    33  grade or a comparable age level special education program with an  unas-
    34  signed grade on or after September first, two thousand seven, shall have
    35  administered  to such child a booster immunization containing diphtheria
    36  and tetanus toxoids, and an acellular pertussis vaccine, which meets the
    37  standards approved by the United States public health service  for  such
    38  biological  products, and which is approved by the department under such
    39  conditions as may be specified by the public health council.
    40    c. Every person in parental relation to a child in this state entering
    41  or having entered seventh grade and twelfth grade or  a  comparable  age
    42  level  special  education  program  with an unassigned grade on or after
    43  September first, two thousand sixteen, shall have administered  to  such
    44  child an adequate dose or doses of immunizing agents against meningococ-
    45  cal  disease  as  recommended  by the advisory committee on immunization
    46  practices of the centers for disease control and prevention, which meets
    47  the standards approved by the United States public  health  service  for
    48  such  biological products, and which is approved by the department under
    49  such conditions as may be specified by the public  health  and  planning
    50  council.
    51    3.  The  person  in  parental  relation  to any such child who has not
    52  previously received such immunization  shall  present  the  child  to  a
    53  health  practitioner  and request such health practitioner to administer
    54  the  necessary  immunization  against  poliomyelitis,  mumps,   measles,
    55  diphtheria,  Haemophilus  influenzae  type  b (Hib), rubella, varicella,

        A. 791--C                           3
 
     1  pertussis, tetanus, pneumococcal  disease,  meningococcal  disease,  and
     2  hepatitis B as provided in subdivision two of this section.
     3    4.  If  any person in parental relation to such child is unable to pay
     4  for the services of a private health  practitioner,  such  person  shall
     5  present  such  child  to  the  health officer of the county in which the
     6  child resides, who shall then administer the  immunizing  agent  without
     7  charge.
     8    5.  The  health  practitioner  who  administers  such immunizing agent
     9  against poliomyelitis, mumps, measles, diphtheria, Haemophilus  influen-
    10  zae  type  b (Hib), rubella, varicella, pertussis, tetanus, pneumococcal
    11  disease, meningococcal disease, and hepatitis B to any such child  shall
    12  give  a  certificate  of  such  immunization  to  the person in parental
    13  relation to such child.
    14    6. In the event that a person in parental relation to  a  child  makes
    15  application  for  admission  of  such  child  to a school or has a child
    16  attending school and there exists no  certificate  or  other  acceptable
    17  evidence  of  the  child's  immunization  against  poliomyelitis, mumps,
    18  measles, diphtheria, rubella, varicella, hepatitis B,  pertussis,  teta-
    19  nus,  and, where applicable, Haemophilus influenzae type b (Hib), menin-
    20  gococcal disease, and  pneumococcal  disease,  the  principal,  teacher,
    21  owner  or person in charge of the school shall inform such person of the
    22  necessity to have the child immunized, that  such  immunization  may  be
    23  administered by any health practitioner, or that the child may be immun-
    24  ized  without charge by the health officer in the county where the child
    25  resides, if such person executes a consent therefor. In the  event  that
    26  such  person does not wish to select a health practitioner to administer
    27  the immunization, he or she shall be provided with a  form  which  shall
    28  give  notice  that  as  a prerequisite to processing the application for
    29  admission to, or for continued attendance at,  the  school  such  person
    30  shall  state  a valid reason for withholding consent or consent shall be
    31  given for immunization to be administered by a  health  officer  in  the
    32  public employ, or by a school physician or nurse. The form shall provide
    33  for  the  execution  of a consent by such person and it shall also state
    34  that such person need not execute such consent if subdivision  eight  or
    35  nine of this section apply to such child.
    36    7.  (a)  No  principal, teacher, owner or person in charge of a school
    37  shall permit any child to be admitted to such school, or to attend  such
    38  school, in excess of fourteen days, without the certificate provided for
    39  in subdivision five of this section or some other acceptable evidence of
    40  the child's immunization against poliomyelitis, mumps, measles, diphthe-
    41  ria,  rubella,  varicella,  hepatitis  B, pertussis, tetanus, and, where
    42  applicable, Haemophilus influenzae type b (Hib), meningococcal  disease,
    43  and  pneumococcal  disease;  provided, however, such fourteen day period
    44  may be extended to not more than thirty days for an  individual  student
    45  by  the  appropriate principal, teacher, owner or other person in charge
    46  where such student is transferring from  out-of-state  or  from  another
    47  country  and  can  show a good faith effort to get the necessary certif-
    48  ication or other evidence of immunization.
    49    (b) A parent, a guardian or any other person in parental  relationship
    50  to  a  child denied school entrance or attendance may appeal by petition
    51  to the commissioner of education in accordance with  the  provisions  of
    52  section three hundred ten of the education law.
    53    8. If any physician licensed to practice medicine in this state certi-
    54  fies  that such immunization may be detrimental to a child's health, the
    55  requirements of this section shall be inapplicable until such  immuniza-
    56  tion is found no longer to be detrimental to the child's health.

        A. 791--C                           4
 
     1    8-a.  Whenever  a  child  has  been refused admission to, or continued
     2  attendance at, a school as provided for in  subdivision  seven  of  this
     3  section  because there exists no certificate provided for in subdivision
     4  five of this section or other acceptable evidence of the child's immuni-
     5  zation against poliomyelitis, mumps, measles, diphtheria, rubella, vari-
     6  cella, hepatitis B, pertussis, tetanus, and, where applicable, Haemophi-
     7  lus  influenzae  type  b  (Hib), meningococcal disease, and pneumococcal
     8  disease, the principal, teacher, owner or person in charge of the school
     9  shall:
    10    a. forward a report of such exclusion and the name and address of such
    11  child to the local health  authority  and  to  the  person  in  parental
    12  relation to the child together with a notification of the responsibility
    13  of  such  person  under  subdivision  two  of this section and a form of
    14  consent as prescribed by regulation of the commissioner, and
    15    b. provide, with the  cooperation  of  the  appropriate  local  health
    16  authority,  for  a time and place at which an immunizing agent or agents
    17  shall be administered, as required by subdivision two of  this  section,
    18  to a child for whom a consent has been obtained. Upon failure of a local
    19  health authority to cooperate in arranging for a time and place at which
    20  an  immunizing  agent  or  agents  shall  be administered as required by
    21  subdivision two of this section, the commissioner shall arrange for such
    22  administration and may recover the cost thereof from the amount of state
    23  aid to which the local health authority would otherwise be entitled.
    24    9. This section shall not apply to children whose parent, parents,  or
    25  guardian  hold  genuine and sincere religious beliefs which are contrary
    26  to the practices herein required, and no certificate shall  be  required
    27  as  a  prerequisite  to  such  children  being admitted or received into
    28  school or attending school.
    29    10. The commissioner may adopt and  amend  rules  and  regulations  to
    30  effectuate the provisions and purposes of this section.
    31    11.  Every  school  shall  annually provide the commissioner, on forms
    32  provided by the commissioner, a summary regarding  compliance  with  the
    33  provisions of this section.
    34    § 2. This act shall take effect immediately.
Go to top