STATE OF NEW YORK
________________________________________________________________________
933
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
___________
Introduced by M. of A. PAULIN, GUNTHER, ORTIZ, HOOPER -- Multi-Sponsored
by -- M. of A. DINOWITZ, LIFTON -- read once and referred 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. Section 2164 of the public health law, as amended by chap-
2 ter 401 of the laws of 2015, is amended to read as follows:
3 § 2164. Definitions; immunization against poliomyelitis, mumps,
4 measles, diphtheria, rubella, varicella, human papillomavirus (HPV),
5 Haemophilus influenzae type b (Hib), pertussis, tetanus, pneumococcal
6 disease, meningococcal disease, and hepatitis B. 1. As used in this
7 section, unless the context requires otherwise:
8 a. The term "school" means and includes any public, private or paro-
9 chial child caring center, day nursery, day care agency, nursery school,
10 kindergarten, elementary, intermediate or secondary school.
11 b. The term "child" shall mean and include any person between the ages
12 of two months and eighteen years.
13 c. The term "person in parental relation to a child" shall mean and
14 include his father or mother, by birth or adoption, his legally
15 appointed guardian, or his custodian. A person shall be regarded as the
16 custodian of a child if he has assumed the charge and care of the child
17 because the parents or legally appointed guardian of the minor have
18 died, are imprisoned, are mentally ill, or have been committed to an
19 institution, or because they have abandoned or deserted such child or
20 are living outside the state or their whereabouts are unknown, or have
21 designated the person pursuant to title fifteen-A of article five of the
22 general obligations law as a person in parental relation to the child.
23 d. The term "health practitioner" shall mean any person authorized by
24 law to administer an immunization.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05324-01-7
A. 933 2
1 2. a. Every person in parental relation to a child in this state shall
2 have administered to such child an adequate dose or doses of an immuniz-
3 ing agent against poliomyelitis, mumps, measles, diphtheria, rubella,
4 varicella, human papillomavirus (HPV), Haemophilus influenzae type b
5 (Hib), pertussis, tetanus, pneumococcal disease, and hepatitis B, which
6 meets the standards approved by the United States public health service
7 for such biological products, and which is approved by the department
8 under such conditions as may be specified by the public health council.
9 b. Every person in parental relation to a child in this state born on
10 or after January first, nineteen hundred ninety-four and entering sixth
11 grade or a comparable age level special education program with an unas-
12 signed grade on or after September first, two thousand seven, shall have
13 administered to such child a booster immunization containing diphtheria
14 and tetanus toxoids, [and] an acellular pertussis vaccine, and a human
15 papillomavirus (HPV) vaccine, which meets the standards approved by the
16 United States public health service for such biological products, and
17 which is approved by the department under such conditions as may be
18 specified by the public health council.
19 c. Every person in parental relation to a child in this state entering
20 or having entered seventh grade and twelfth grade or a comparable age
21 level special education program with an unassigned grade on or after
22 September first, two thousand sixteen, shall have administered to such
23 child an adequate dose or doses of immunizing agents against meningococ-
24 cal disease as recommended by the advisory committee on immunization
25 practices of the centers for disease control and prevention, which meets
26 the standards approved by the United States public health service for
27 such biological products, and which is approved by the department under
28 such conditions as may be specified by the public health and planning
29 council.
30 3. The person in parental relation to any such child who has not
31 previously received such immunization shall present the child to a
32 health practitioner and request such health practitioner to administer
33 the necessary immunization against poliomyelitis, mumps, measles,
34 diphtheria, Haemophilus influenzae type b (Hib), rubella, varicella,
35 human papillomavirus (HPV), pertussis, tetanus, pneumococcal disease,
36 meningococcal disease, and hepatitis B as provided in subdivision two of
37 this section.
38 4. If any person in parental relation to such child is unable to pay
39 for the services of a private health practitioner, such person shall
40 present such child to the health officer of the county in which the
41 child resides, who shall then administer the immunizing agent without
42 charge.
43 5. The health practitioner who administers such immunizing agent
44 against poliomyelitis, mumps, measles, diphtheria, Haemophilus influen-
45 zae type b (Hib), rubella, varicella, human papillomavirus (HPV),
46 pertussis, tetanus, pneumococcal disease, meningococcal disease, and
47 hepatitis B to any such child shall give a certificate of such immuniza-
48 tion to the person in parental relation to such child.
49 6. In the event that a person in parental relation to a child makes
50 application for admission of such child to a school or has a child
51 attending school and there exists no certificate or other acceptable
52 evidence of the child's immunization against poliomyelitis, mumps,
53 measles, diphtheria, rubella, varicella, human papillomavirus (HPV),
54 hepatitis B, pertussis, tetanus, and, where applicable, Haemophilus
55 influenzae type b (Hib), meningococcal disease, and pneumococcal
56 disease, the principal, teacher, owner or person in charge of the school
A. 933 3
1 shall inform such person of the necessity to have the child immunized,
2 that such immunization may be administered by any health practitioner,
3 or that the child may be immunized without charge by the health officer
4 in the county where the child resides, if such person executes a consent
5 therefor. In the event that such person does not wish to select a health
6 practitioner to administer the immunization, he or she shall be provided
7 with a form which shall give notice that as a prerequisite to processing
8 the application for admission to, or for continued attendance at, the
9 school such person shall state a valid reason for withholding consent or
10 consent shall be given for immunization to be administered by a health
11 officer in the public employ, or by a school physician or nurse. The
12 form shall provide for the execution of a consent by such person and it
13 shall also state that such person need not execute such consent if
14 subdivision eight or nine of this section apply to such child.
15 7. (a) No principal, teacher, owner or person in charge of a school
16 shall permit any child to be admitted to such school, or to attend such
17 school, in excess of fourteen days, without the certificate provided for
18 in subdivision five of this section or some other acceptable evidence of
19 the child's immunization against poliomyelitis, mumps, measles, diphthe-
20 ria, rubella, varicella, human papillomavirus (HPV), hepatitis B,
21 pertussis, tetanus, and, where applicable, Haemophilus influenzae type b
22 (Hib), meningococcal disease, and pneumococcal disease; provided, howev-
23 er, such fourteen day period may be extended to not more than thirty
24 days for an individual student by the appropriate principal, teacher,
25 owner or other person in charge where such student is transferring from
26 out-of-state or from another country and can show a good faith effort to
27 get the necessary certification or other evidence of immunization.
28 (b) A parent, a guardian or any other person in parental relationship
29 to a child denied school entrance or attendance may appeal by petition
30 to the commissioner of education in accordance with the provisions of
31 section three hundred ten of the education law.
32 8. If any physician licensed to practice medicine in this state certi-
33 fies that such immunization may be detrimental to a child's health, the
34 requirements of this section shall be inapplicable until such immuniza-
35 tion is found no longer to be detrimental to the child's health.
36 8-a. Whenever a child has been refused admission to, or continued
37 attendance at, a school as provided for in subdivision seven of this
38 section because there exists no certificate provided for in subdivision
39 five of this section or other acceptable evidence of the child's immuni-
40 zation against poliomyelitis, mumps, measles, diphtheria, rubella, vari-
41 cella, human papillomavirus (HPV), hepatitis B, pertussis, tetanus, and,
42 where applicable, Haemophilus influenzae type b (Hib), meningococcal
43 disease, and pneumococcal disease, the principal, teacher, owner or
44 person in charge of the school shall:
45 a. forward a report of such exclusion and the name and address of such
46 child to the local health authority and to the person in parental
47 relation to the child together with a notification of the responsibility
48 of such person under subdivision two of this section and a form of
49 consent as prescribed by regulation of the commissioner, and
50 b. provide, with the cooperation of the appropriate local health
51 authority, for a time and place at which an immunizing agent or agents
52 shall be administered, as required by subdivision two of this section,
53 to a child for whom a consent has been obtained. Upon failure of a local
54 health authority to cooperate in arranging for a time and place at which
55 an immunizing agent or agents shall be administered as required by
56 subdivision two of this section, the commissioner shall arrange for such
A. 933 4
1 administration and may recover the cost thereof from the amount of state
2 aid to which the local health authority would otherwise be entitled.
3 9. This section shall not apply to children whose parent, parents, or
4 guardian hold genuine and sincere religious beliefs which are contrary
5 to the practices herein required, and no certificate shall be required
6 as a prerequisite to such children being admitted or received into
7 school or attending school.
8 10. The commissioner may adopt and amend rules and regulations to
9 effectuate the provisions and purposes of this section.
10 11. Every school shall annually provide the commissioner, on forms
11 provided by the commissioner, a summary regarding compliance with the
12 provisions of this section.
13 § 2. Paragraph (a) of subdivision 1 of section 613 of the public
14 health law, as amended by section 24 of part E of chapter 56 of the laws
15 of 2013, is amended to read as follows:
16 (a) The commissioner shall develop and supervise the execution of a
17 program of immunization, surveillance and testing, to raise to the high-
18 est reasonable level the immunity of the children of the state against
19 communicable diseases including, but not limited to, influenza, poliom-
20 yelitis, measles, mumps, rubella, haemophilus influenzae type b (Hib),
21 diphtheria, pertussis, tetanus, varicella, human papillomavirus (HPV),
22 hepatitis B, pneumococcal disease, and the immunity of adults of the
23 state against diseases identified by the commissioner, including but not
24 limited to influenza, smallpox, hepatitis and such other diseases as the
25 commissioner may designate through regulation. Municipalities in the
26 state shall maintain local programs of immunization to raise the immuni-
27 ty of the children and adults of each municipality to the highest
28 reasonable level, in accordance with an application for state aid
29 submitted by the municipality and approved by the commissioner. Such
30 programs shall include assurance of provision of vaccine, serological
31 testing of individuals and educational efforts to inform health care
32 providers and target populations or their parents, if they are minors,
33 of the facts relative to these diseases and immunizations to prevent
34 their occurrence.
35 § 3. This act shall take effect on the first of September next
36 succeeding the date on which it shall have become a law; provided,
37 however, that section one of this act shall apply only to children born
38 on or after January 1, 1996.