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A00933 Summary:

BILL NOA00933
 
SAME ASNo Same As
 
SPONSORPaulin (MS)
 
COSPNSRGunther, Ortiz, Hooper
 
MLTSPNSRDinowitz, Lifton
 
Amd §§2164 & 613, Pub Health L
 
Provides for the immunization of all children born after January 1, 1996 against the human papillomavirus (HPV).
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A00933 Text:



 
                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.
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