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A07326 Summary:

BILL NOA07326A
 
SAME ASSAME AS S06541-A
 
SPONSORGottfried
 
COSPNSRBrabenec, Cymbrowitz, Dickens, Englebright, Gallagher, Hevesi, McDonald, Montesano, Otis, Paulin, Simon, Taylor, Thiele, Zinerman, Lavine, Davila, Forrest, Barron, Fernandez, De La Rosa, Gonzalez-Rojas, Goodell, Seawright
 
MLTSPNSR
 
Amd §§2168 & 2180, add §§2169 & 2183, Pub Health L
 
Restricts vaccine registry information from discovery and other process; requires the commissioner of health and the New York City commissioner of health and mental hygiene to develop regulations to protect patient vaccine information from disclosure.
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A07326 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7326--A
                                                                Cal. No. 239
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 5, 2021
                                       ___________
 
        Introduced  by M. of A. GOTTFRIED, BRABENEC, CYMBROWITZ, DICKENS, ENGLE-
          BRIGHT, GALLAGHER, HEVESI, McDONALD, MONTESANO, OTIS,  PAULIN,  SIMON,
          TAYLOR,  THIELE,  ZINERMAN, LAVINE, DAVILA, FORREST, FERNANDEZ, GONZA-
          LEZ-ROJAS, GOODELL, SEAWRIGHT -- read once and referred to the Commit-
          tee on Health -- ordered to a third reading -- passed by Assembly  and
          delivered  to the Senate, recalled from the Senate, vote reconsidered,
          bill amended, ordered reprinted, retaining its place on the  order  of
          third reading
 
        AN  ACT  to  amend  the public health law, in relation to protecting the
          confidentiality of vaccine information
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.   Subdivision 11 of section 2168 of the public health law,
     2  as amended by chapter 154 of the laws of 2013, is  amended  to  read  as
     3  follows:
     4    11.  The commissioner, or in the city of New York, the commissioner of
     5  the department of health and  mental  hygiene,  may  provide  registrant
     6  specific  immunization  and lead test records to the federal centers for
     7  disease control and prevention or its successor agency, to  other  state
     8  or  city  registries  and  registries  maintained  by  the Indian Health
     9  Service and tribal nations recognized by the state or the United  States
    10  pursuant  to  a  written  agreement  requiring  that  the other registry
    11  conform to national standards for maintaining the integrity of the  data
    12  and  that  the  data will [not] only be used for purposes [inconsistent]
    13  consistent with the provisions of this section and provided that disclo-
    14  sure of identifiable registrant information  shall  be  limited  to  the
    15  minimum  amount necessary to accomplish the purposes consistent with the
    16  provisions of this section as determined by the commissioner, or in  the
    17  city  of  New  York,  the  commissioner  of the department of health and
    18  mental hygiene.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11016-03-2

        A. 7326--A                          2
 
     1    § 2. Section 2168 of the public health law is amended by adding a  new
     2  subdivision 11-a to read as follows:
     3    11-a.  The  commissioner, or in the city of New York, the commissioner
     4  of the department of health and mental hygiene, may only share  registry
     5  information with the federal Centers for Disease Control and Prevention,
     6  or successor agency, for public health purposes in summary, statistical,
     7  aggregate,  or  other form such that no individual person can be identi-
     8  fied, except that either such  commissioner  may  disclose  identifiable
     9  registrant  information  to  the federal Centers for Disease Control and
    10  Prevention, or its successor agency, when the  commissioner  has  deter-
    11  mined  that the disclosure is in the best interests of the registrant or
    12  will contribute to the protection of public health, that  the  objective
    13  of  the  disclosure cannot be served by disclosure limited to de-identi-
    14  fied information, and the federal health  officials  have  committed  in
    15  writing  not  to  redisclose to or share registrant information with any
    16  other federal agency, including but not limited  to  the  department  of
    17  homeland  security,  immigration  and  customs  enforcement, customs and
    18  border protection, or any successor agency, or any law enforcement agen-
    19  cy; provided that either such commissioner may forgo the written commit-
    20  ment if requiring written commitment would result in  the  actual  with-
    21  holding of federal funds.
    22    §  3.  Paragraph  (d)  of  subdivision 4 of section 2168 of the public
    23  health law, as amended by section 7 of part A of chapter 58 of the  laws
    24  of 2009, is amended to read as follows:
    25    (d)  [A person, institution or agency to whom such immunization infor-
    26  mation is furnished or to whom, access to  records  or  information  has
    27  been  given,  shall  not  divulge any part thereof so as to disclose the
    28  identity of such person to whom  such  information  or  record  relates,
    29  except insofar as such disclosure is necessary for the best interests of
    30  the  person  or  other  persons,  consistent  with  the purposes of this
    31  section] (i)  Identifiable registrant information is not (1) subject  to
    32  discovery,  subpoena,  warrant,  or  other means of legal compulsion for
    33  release to any person or (2) admissible in  any  civil,  administrative,
    34  criminal,  or family court proceeding, except for the purposes of inves-
    35  tigations and prosecutions of allegations of computer tampering or bill-
    36  ing fraud related to vaccination records, fraudulent statements  related
    37  to  an  individual's vaccination status, an act of violence or attempted
    38  violence occurring at the site of a vaccination  provider's  or  vaccine
    39  navigator's  business,  or  medical  malpractice.   Disclosure for these
    40  purposes shall be subject to in camera review and approval by the  court
    41  and,  if the use is initiated by a party other than the individual whose
    42  registry information is sought, the information must be highly  material
    43  and relevant for the purpose.
    44    (ii) Nothing in this section shall be construed to limit commissioners
    45  of  local social services districts or the commissioner of the office of
    46  children and family  services  from  accessing  identifiable  registrant
    47  information under paragraph (d) of subdivision eight of this section.
    48    §    4.  Subparagraph (i) of paragraph (b) of subdivision 8 of section
    49  2168 of the public health law, as amended by section  7  of  part  A  of
    50  chapter 58 of the laws of 2009, is amended to read as follows:
    51    (i)  The  commissioner  may use the statewide immunization information
    52  system and the blood lead information in such  system  for  purposes  of
    53  outreach, quality improvement and accountability, including professional
    54  responsibility proceedings of the office of professional medical conduct
    55  and  the  state  education department, research, epidemiological studies
    56  and disease control, and to obtain blood lead test results  from  physi-

        A. 7326--A                          3
 
     1  cian  office  laboratories  for the statewide registry of lead levels of
     2  children established pursuant to subdivision  two  of  section  thirteen
     3  hundred  seventy-a  of this chapter; (ii) the commissioner of health and
     4  mental  hygiene for the city of New York may use the immunization regis-
     5  try and the blood lead  information  in  such  system  for  purposes  of
     6  outreach, quality improvement and accountability, research, epidemiolog-
     7  ical  studies  and disease control; (iii) local health departments shall
     8  have access to the immunization information system and  the  blood  lead
     9  information in such system for purposes of outreach, quality improvement
    10  and  accountability,  epidemiological studies and disease control within
    11  their county; and
    12    § 5. Paragraph (c) of subdivision 8 of  section  2168  of  the  public
    13  health law, as amended by chapter 420 of the laws of 2014, is amended to
    14  read as follows:
    15    (c) health care providers and their designees, registered professional
    16  nurses,  and pharmacists authorized to administer immunizations pursuant
    17  to subdivision two of section sixty-eight hundred one of  the  education
    18  law  shall  have access to the statewide immunization information system
    19  and the blood lead information in  such  system  only  for  purposes  of
    20  submission  of  information  about  vaccinations  received by a specific
    21  registrant, determination of  the  immunization  status  of  a  specific
    22  registrant, determination of the blood lead testing status of a specific
    23  registrant,  submission  of  the results from a blood lead analysis of a
    24  sample obtained from a specific registrant in accordance with  paragraph
    25  (h)  of  subdivision  two  of this section, review of practice coverage,
    26  generation of reminder notices, quality improvement and  accountability,
    27  including  professional  responsibility  proceedings  of  the  office of
    28  professional medical conduct and the  state  education  department,  and
    29  printing  a  copy  of  the  immunization  or lead testing record for the
    30  registrant's medical record, for the registrant's parent or guardian, or
    31  other person in parental or custodial relation to  a  child,  or  for  a
    32  registrant upon reaching eighteen years of age.
    33    §  6. The public health law is amended by adding a new section 2169 to
    34  read as follows:
    35    § 2169. Vaccine confidentiality. 1. As used in  this  section,  unless
    36  context requires otherwise:
    37    (a) The term "consent" shall mean informed, affirmative, and voluntary
    38  authorization.
    39    (b)  The  term  "de-identified" shall mean that the information cannot
    40  identify or be made to identify or be associated with a particular indi-
    41  vidual, directly or indirectly, and is subject to  technical  safeguards
    42  and  policies  and  procedures  that  prevent re-identification, whether
    43  intentionally or unintentionally, of any individual.
    44    (c) The term "disclosure" shall mean release, transfer, provision  of,
    45  access  to,  or divulging in any other manner of information outside the
    46  entity holding the information.
    47    (d) The  term  "immigration  authority"  means  any  entity,  officer,
    48  employee,  or  government  employee  or  agent  thereof  charged with or
    49  engaged in enforcement of the federal Immigration and  Nationality  Act,
    50  including  the United States Immigration and Customs Enforcement, United
    51  States Department of Homeland Security, or  United  States  Customs  and
    52  Border  Protection,  or  agent,  contractor, or employee thereof, or any
    53  successor legislation or entity.
    54    (e) The term "law enforcement agent or entity" means any  governmental
    55  entity  or  public  servant,  or  agent, contractor or employee thereof,
    56  authorized to investigate, prosecute, or make an arrest for  a  criminal

        A. 7326--A                          4
 
     1  or  civil  offense,  or engaged in any such activity, but shall not mean
     2  the department, the commissioner, a health district, a county department
     3  of health, a county health commissioner, a  local  board  of  health,  a
     4  local health officer, the department of health and mental hygiene of the
     5  city  of  New  York, or the commissioner of the department of health and
     6  mental hygiene of the city of New York.
     7    (f) The term "personal information" shall  mean  information  obtained
     8  from or about an individual, in connection with their registering for or
     9  receiving a vaccination, that directly or indirectly identifies, relates
    10  to,  describes, is capable of being associated with, or could reasonably
    11  be linked to a particular individual,  household,  or  personal  device.
    12  Information  is  reasonably  linkable  to  an  individual, household, or
    13  personal device if it can be used on its  own  or  in  combination  with
    14  other reasonably available information, regardless of whether such other
    15  information  is  held  by  the vaccine navigator or vaccine provider, to
    16  identify an individual, household, or a personal device.
    17    (g) The term "service attendant to the delivery of immunization" shall
    18  mean scheduling and billing for  an  immunization  appointment,  sending
    19  reminders  about  immunization,  arranging  transportation  to or from a
    20  vaccine provider, or reporting to the  department,  the  New  York  City
    21  department of health and mental hygiene, or other local health agency on
    22  whose behalf such vaccine navigator is performing such services.
    23    (h)  The  term "use" shall mean, with respect to personal information,
    24  the sharing, employment, application, utilization, examination or analy-
    25  sis of such information within an entity that  maintains  such  informa-
    26  tion.
    27    (i)  The  term "vaccine navigator" shall mean any person that collects
    28  personal information from an individual in order to register that  indi-
    29  vidual  for immunization or to help that individual register for immuni-
    30  zation, provided the department, a local  public  health  agency,  or  a
    31  person that administers vaccines are not vaccine navigators if they only
    32  store   vaccine   recipient  personal  information  in  medical  records
    33  protected under the federal Health Insurance  Portability  and  Account-
    34  ability  Act  of 1996, its implementing regulations, or section eighteen
    35  of this chapter.
    36    2. (a) Except as provided in paragraph (d) of this subdivision, absent
    37  consent from the individual seeking immunization, or if  the  individual
    38  lacks  the capacity to make health care decisions, an individual author-
    39  ized to consent to health care for the individual  or  the  individual's
    40  legal  representative,  a  vaccine navigator shall not use, disclose, or
    41  maintain personal information except as necessary  to  provide  services
    42  attendant to the delivery of immunization.
    43    (b)  A vaccine navigator may request consent from an individual, or if
    44  the individual lacks the capacity to  make  health  care  decisions,  an
    45  individual  authorized  to  consent to health care for the individual or
    46  the individual's legal representative, to use, disclose, or maintain the
    47  individual's personal  information  for  purposes  other  than  services
    48  attendant to the delivery of immunization provided that:
    49    (i)  a vaccine navigator shall not refuse to provide a service attend-
    50  ant to the delivery of immunization  for  an  individual  who  does  not
    51  provide such consent;
    52    (ii)  a vaccine navigator shall not relate the price or quality of any
    53  service attendant  to  the  delivery  of  immunization  to  the  privacy
    54  protections  afforded  the individual, including by providing a discount
    55  or other incentive in exchange for  such  consent,  provided  that  this
    56  paragraph does not prohibit the offering of incentives to individuals to

        A. 7326--A                          5
 
     1  get  vaccinated;  provided that such incentives shall not be conditioned
     2  on an individual's consent to additional uses, disclosures,  or  mainte-
     3  nance  of  their personal information except as necessary to provide the
     4  incentive; and
     5    (iii) a vaccine navigator shall clearly delineate what personal infor-
     6  mation is adequate, relevant, and necessary to provide a service attend-
     7  ant  to  the delivery of immunization by clearly and conspicuously indi-
     8  cating in any solicitation for the information that all  other  requests
     9  for personal information are optional.
    10    (c) Except as provided in paragraph (d) of this subdivision:
    11    (i) No vaccine navigator may provide personal information or otherwise
    12  make  personal  information accessible, directly or indirectly, to a law
    13  enforcement agent or entity or immigration authority;
    14    (ii) No vaccine navigator may provide personal information  or  other-
    15  wise  make  personal  information accessible, directly or indirectly, to
    16  any other individual or entity, except as explicitly authorized by  this
    17  title; and
    18    (iii) Without consent under this subdivision, personal information and
    19  any  evidence  derived  therefrom shall not be subject to or provided in
    20  response to any legal process or be admissible for any  purpose  in  any
    21  judicial or administrative action or proceeding.
    22    (d)  (i)  This  section  does  not  bar  otherwise  lawful disclosure,
    23  possession or use of information pertaining to services attendant to the
    24  delivery of immunization, including aggregate information, that is de-i-
    25  dentified.  Disclosure, possession or use under this subparagraph  shall
    26  only be for a public health or public health research purposes.
    27    (ii)  A  person  may  only  possess  or  use de-identified information
    28  pertaining to services attendant to the delivery of immunization if  the
    29  person  maintains  technical safeguards and policies and procedures that
    30  prevent re-identification, whether intentional or unintentional, of  any
    31  individual, as may be required by the commissioner (or the New York city
    32  commissioner  of  health  and mental hygiene, in the case of information
    33  collected by or under authority of  the  New  York  city  department  of
    34  health  and  mental  hygiene.  The  commissioner  (or  the New York city
    35  commissioner as the case may be) shall require safeguards, policies  and
    36  procedures under this paragraph as the commissioner deems practicable.
    37    (iii)  Disclosure,  possession  and  use  of de-identified information
    38  under this subdivision shall be only pursuant to approval by the commis-
    39  sioner (or the New York city commissioner of health and  mental  hygiene
    40  in  the  case  of information collected by or under authority of the New
    41  York city department  of  health  and  mental  hygiene)  specifying  the
    42  purpose,  nature  and  scope  of  the disclosure, possession and use and
    43  measures to ensure that it will comply with this section and  the  terms
    44  of the approval.
    45    (iv)  This section does not prevent disclosure of personal information
    46  sought for the purposes of  investigations and prosecutions  of  allega-
    47  tions  of  computer  tampering  or  billing fraud related to vaccination
    48  records, fraudulent statements related to  an  individual's  vaccination
    49  status,  an  act of violence or attempted violence occurring at the site
    50  of a vaccination provider's or vaccine navigator's business, or  medical
    51  malpractice,  professional  discipline,  or defense of any claim brought
    52  against a vaccine navigator or provider.  Disclosure for these  purposes
    53  shall  be  subject to in camera review and approval by the court and, if
    54  the use is initiated by a party other than the individual whose registry
    55  information is sought, the information must be highly material and rele-
    56  vant for the purpose.

        A. 7326--A                          6

     1    (e) A vaccine navigator  that  maintains  personal  information  shall
     2  establish  appropriate  administrative,  technical,  and  physical safe-
     3  guards, policies, and  procedures  that  ensure  the  security  of  that
     4  personal  information.  The safeguards, policies, and procedures must be
     5  appropriate  to  the volume and nature of the personal information main-
     6  tained and the size, revenue, and sophistication of the vaccine  naviga-
     7  tor and must ensure that personal information is encrypted and protected
     8  at  least  as much as or more than other confidential information in the
     9  vaccine navigator's possession. The commissioner or, in the city of  New
    10  York,  the  commissioner  of the department of health and mental hygiene
    11  shall make regulations as reasonably necessary to require that  personal
    12  information possessed, used, or under the control of a vaccine navigator
    13  shall  be  subject to technical safeguards, policies, and procedures for
    14  storage, transmission, use, and protection of the information. The regu-
    15  lations must take into account the different sizes, revenues and sophis-
    16  tications of different vaccine navigators, as well  as  the  volume  and
    17  nature of the personal information they maintain.
    18    (f) Nothing in this section shall limit a vaccine navigator that has a
    19  pre-existing  service  provider-client,  provider-patient,  or  familial
    20  relationship or a friendship with an  individual  from  processing  that
    21  individual's  personal information as previously agreed to in the course
    22  of the pre-existing relationship.
    23    3. Vaccine providers. A vaccine provider shall not delay or  condition
    24  the  provision  of any service attendant to the delivery of immunization
    25  by inviting or requiring an individual seeking vaccination  to  complete
    26  an application for a customer discount card or account or share personal
    27  information  that  will  be stored outside of a medical record protected
    28  under the federal Health Insurance Portability and Accountability Act of
    29  1996, its implementing regulations, or section eighteen of this  chapter
    30  for  purposes other than services attendant to the delivery of immuniza-
    31  tion, or by engaging in any other activity unrelated to the provision of
    32  such a service that the commissioner designates by regulation.
    33    § 7. Section 2180 of the public health law is amended by  adding  nine
    34  new  subdivisions  12,  13,  14,  15,  16,  17, 18, 19 and 20 to read as
    35  follows:
    36    12. "Covered entity" means a governmental entity or a place of  public
    37  accommodation,  resort  or  amusement, as defined in section two hundred
    38  ninety-two of the executive law.
    39    13.  "Derived  from  an  immunity  passport"  means  any   information
    40  contained  in  or  retrieved  from  an immunity passport, as well as any
    41  metadata associated with the use of the immunity passport, including the
    42  time and location the immunity passport was used, as well as any  infer-
    43  ences made based on the information contained in an immunity passport or
    44  an immunity passport's usage.
    45    14.  "Disclose"  means the release, transfer, provision of, access to,
    46  or divulging in any other manner of information outside the entity hold-
    47  ing the information.
    48    15. "Governmental entity" means a department or agency of the state or
    49  a political subdivision thereof, an individual acting for or  on  behalf
    50  of the state or a political subdivision thereof, or any entity regulated
    51  under the social services law.
    52    16. "Immunity passport" means a credential, whether digital, electron-
    53  ic,  or  physical,  that  identifies  an individual as having received a
    54  COVID-19 vaccine or a COVID-19 test result.
    55    17. "Immunity passport provider" means a legal entity  that  develops,
    56  maintains, distributes, or markets immunity passports in New York state.

        A. 7326--A                          7
 
     1    18.  "Personal  information"  means information that directly or indi-
     2  rectly identifies, relates to, describes, is capable of being associated
     3  with, or could reasonably  be  linked  to  a  particular  individual  or
     4  personal device.  Information is reasonably linkable to an individual or
     5  personal  device  if  it  can  be used on its own or in combination with
     6  other reasonably available information, regardless of whether such other
     7  information is held by the covered entity or immunity passport provider,
     8  to identify an individual or a personal device.
     9    19. "Physical immunity passport" means a credential that identifies an
    10  individual as having received a COVID-19  vaccine  or  a  COVID-19  test
    11  result  that  does not rely on a digital or electronic device.  Physical
    12  immunity passports include, but are not  limited  to,  pieces  of  paper
    13  denoting immunity status.
    14    20.  "Use"  means,  with respect to personal information, the sharing,
    15  employment, application, utilization, examination, or analysis  of  such
    16  information within an entity that maintains such information.
    17    §  8. The public health law is amended by adding a new section 2183 to
    18  read as follows:
    19    § 2183. Immunity passports. 1. Any covered entity that requires  proof
    20  of COVID-19 immunization shall permit the use of physical immunity pass-
    21  ports.    No  covered  entity may require digital, electronic, or smart-
    22  phone-based proof of immunity.
    23    2. Any covered entity that requires the use of  an  immunity  passport
    24  shall delete any personal information derived from the immunity passport
    25  about the individual to whom the immunity passport pertains within twen-
    26  ty-four hours of receiving it, except that where a covered entity has an
    27  ongoing  relationship  with  an individual, the covered entity may store
    28  the fact that the individual has received a COVID-19 vaccine, as well as
    29  a copy of the individual's immunity passport, provided that:
    30    (a) the covered entity first obtains the individual's informed, affir-
    31  mative, and voluntary consent to store such information, and
    32    (b) the covered entity stores any copy  of  an  individual's  immunity
    33  passport and any personal information derived from the immunity passport
    34  as  if  they were subject to the confidentiality requirements of title I
    35  of the Americans with Disabilities Act 42 U.S.C. 12112(d) and its imple-
    36  menting regulations, 29 CFR 1630.14.
    37    3. An immunity passport provider shall not use  or  disclose  personal
    38  information  derived  from an immunity passport beyond what is adequate,
    39  relevant, and necessary to identify an individual as having  received  a
    40  COVID-19  vaccine  or  a  COVID-19  test  result  and shall not collect,
    41  access, receive, capture, store, maintain,  use,  or  disclose  personal
    42  information  pertaining  to where or when an individual uses an immunity
    43  passport.
    44    4. (a) Except as provided in this subdivision, no  covered  entity  or
    45  immunity passport provider may:
    46    (i)  provide personal information derived from an immunity passport or
    47  otherwise make such personal information accessible, directly  or  indi-
    48  rectly, to a law enforcement agent or entity or immigration authority;
    49    (ii) provide such personal information or otherwise make such personal
    50  information  accessible, directly or indirectly, to any other individual
    51  or entity except as explicitly authorized by this section.
    52    (b) Except as  provided  in  this  subdivision,  personal  information
    53  derived  from  an immunity passport, and any evidence derived therefrom,
    54  shall not be subject to or provided in response to any legal process  or
    55  be  admissible  for any purpose in any judicial or administrative action
    56  or proceeding.

        A. 7326--A                          8
 
     1    (c)  Personal information derived from an immunity passport,  and  any
     2  evidence  derived therefrom, may be disclosed for the purposes of inves-
     3  tigations and prosecutions of allegations of computer tampering or frau-
     4  dulent  statements  related  to  an  individual's  vaccination   status.
     5  Disclosure  for  these purposes shall be subject to in camera review and
     6  approval by the court and, if the use is initiated by a party other than
     7  the individual whose personal information  is  sought,  the  information
     8  must be highly material and relevant for the purpose.
     9    5.  The commissioner shall make regulations as reasonably necessary to
    10  ensure that individuals who are medically contraindicated from receiving
    11  the COVID-19 vaccine are nonetheless able to obtain reasonable  accommo-
    12  dations  to enable them to access the services of a covered entity, in a
    13  manner that does not impose an undue hardship on the covered  entity  or
    14  present  a direct threat that cannot be addressed by a reasonable accom-
    15  modation.
    16    6. Nothing in this section requires a covered entity to require  proof
    17  of   COVID-19  immunity  or  to  independently  verify  the  information
    18  contained in an immunity passport.
    19    7. Nothing in this section shall be construed to limit a covered enti-
    20  ty's obligations under the  Americans  with  Disabilities  Act,  article
    21  fifteen  of the executive law, the civil rights law, or any other feder-
    22  al, state, or local anti-discrimination law.
    23    8. Nothing in this section shall be construed to affect the  practices
    24  of  a health care provider, as defined in section eighteen of this chap-
    25  ter, a hospital or nursing home as defined in article twenty-eight    of
    26  this  chapter,  a  health  practitioner as defined in section twenty-one
    27  hundred sixty-four of this chapter, a facility, as  defined  in  section
    28  33.13  of  the  mental  hygiene  law,  or  a correctional health service
    29  governed by the department of corrections and community supervision, the
    30  rules of the board of correction in the city of New York,  or  a  county
    31  board  of correction, with respect to records concerning their patients'
    32  vaccinations.
    33    § 9. Severability. If any provision of this act, or any application of
    34  any provision of this act, is held to be invalid, that shall not  affect
    35  the  validity or effectiveness of any other provision of this act, or of
    36  any other application of any provision of this act, which can  be  given
    37  effect  without  that  provision  or  application;  and to that end, the
    38  provisions and applications of this act are severable.
    39    § 10. This act shall take effect immediately.
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