STATE OF NEW YORK
________________________________________________________________________
4421
2013-2014 Regular Sessions
IN ASSEMBLY
February 5, 2013
___________
Introduced by M. of A. PEOPLES-STOKES, PAULIN -- read once and referred
to the Committee on Health
AN ACT to amend the public health law, in relation to requiring vaccina-
tions against meningococcal disease for seventh graders and students
entering college
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "communicable disease control and prevention act".
3 § 2. Subdivision 2 of section 2164 of the public health law is amended
4 by adding a new paragraph c to read as follows:
5 c. Every person in parental relation to a child in this state born on
6 or after January first, nineteen hundred ninety-five, and entering or
7 having entered seventh grade or a comparable age level special education
8 program with an unassigned grade on or after September first, two thou-
9 sand eleven, shall have administered to such child an adequate dose or
10 doses of an immunizing agent against meningococcal disease, which meets
11 the standards approved by the United States public health service for
12 such biological products, and which is approved by the department under
13 such conditions as may be specified by the public health council.
14 § 3. Subdivisions 3, 5, 6, paragraph (a) of subdivision 7 and the
15 opening paragraph of subdivision 8-a of section 2164 of the public
16 health law, as amended by chapter 189 of the laws of 2006, are amended
17 to read as follows:
18 3. The person in parental relation to any such child who has not
19 previously received such immunization shall present the child to a
20 health practitioner and request such health practitioner to administer
21 the necessary immunization against poliomyelitis, mumps, measles,
22 diphtheria, Haemophilus influenzae type b (Hib), rubella, varicella,
23 pertussis, tetanus, pneumococcal disease, meningococcal disease, and
24 hepatitis B as provided in subdivision two of this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07883-01-3
A. 4421 2
1 5. The health practitioner who administers such immunizing agent
2 against poliomyelitis, mumps, measles, diphtheria, Haemophilus influen-
3 zae type b (Hib), rubella, varicella, pertussis, tetanus, pneumococcal
4 disease, meningococcal disease, and hepatitis B to any such child shall
5 give a certificate of such immunization to the person in parental
6 relation to such child.
7 6. In the event that a person in parental relation to a child makes
8 application for admission of such child to a school or has a child
9 attending school and there exists no certificate or other acceptable
10 evidence of the child's immunization against poliomyelitis, mumps,
11 measles, diphtheria, rubella, varicella, hepatitis B, pertussis, teta-
12 nus, and, where applicable, Haemophilus influenzae type b (Hib), menin-
13 gococcal disease, and pneumococcal disease, the principal, teacher,
14 owner or person in charge of the school shall inform such person of the
15 necessity to have the child immunized, that such immunization may be
16 administered by any health practitioner, or that the child may be immun-
17 ized without charge by the health officer in the county where the child
18 resides, if such person executes a consent therefor. In the event that
19 such person does not wish to select a health practitioner to administer
20 the immunization, he or she shall be provided with a form which shall
21 give notice that as a prerequisite to processing the application for
22 admission to, or for continued attendance at, the school such person
23 shall state a valid reason for withholding consent or consent shall be
24 given for immunization to be administered by a health officer in the
25 public employ, or by a school physician or nurse. The form shall provide
26 for the execution of a consent by such person and it shall also state
27 that such person need not execute such consent if subdivision eight or
28 nine of this section [apply] applies to such child.
29 (a) No principal, teacher, owner or person in charge of a school shall
30 permit any child to be admitted to such school, or to attend such
31 school, in excess of fourteen days, without the certificate provided for
32 in subdivision five of this section or some other acceptable evidence of
33 the child's immunization against poliomyelitis, mumps, measles, diphthe-
34 ria, rubella, varicella, hepatitis B, pertussis, tetanus, and, where
35 applicable, Haemophilus influenzae type b (Hib), meningococcal disease,
36 and pneumococcal disease; provided, however, such fourteen day period
37 may be extended to not more than thirty days for an individual student
38 by the appropriate principal, teacher, owner or other person in charge
39 where such student is transferring from out-of-state or from another
40 country and can show a good faith effort to get the necessary certif-
41 ication or other evidence of immunization.
42 Whenever a child has been refused admission to, or continued attend-
43 ance at, a school as provided for in subdivision seven of this section
44 because there exists no certificate provided for in subdivision five of
45 this section or other acceptable evidence of the child's immunization
46 against poliomyelitis, mumps, measles, diphtheria, rubella, varicella,
47 hepatitis B, pertussis, tetanus, and, where applicable, Haemophilus
48 influenzae type b (Hib), meningococcal disease, and pneumococcal
49 disease, the principal, teacher, owner or person in charge of the school
50 shall:
51 § 4. This act shall take effect August 1, 2014.
