STATE OF NEW YORK
________________________________________________________________________
1822
2015-2016 Regular Sessions
IN ASSEMBLY
January 13, 2015
___________
Introduced by M. of A. PAULIN, GUNTHER, MARKEY, ORTIZ, ROBINSON, HOOPER,
SCHIMEL -- Multi-Sponsored by -- M. of A. DINOWITZ, LIFTON, RA -- 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. The section heading and subdivisions 2, 3, 5 and 6 of
2 section 2164 of the public health law, as amended by chapter 189 of the
3 laws of 2006 and subdivision 2 as separately amended by chapter 506 of
4 the laws of 2006, are amended to read as follows:
5 Definitions; immunization against poliomyelitis, mumps, measles,
6 diphtheria, rubella, varicella, human papillomavirus (HPV), Haemophilus
7 influenzae type b (Hib), pertussis, tetanus, pneumococcal disease, and
8 hepatitis B.
9 2. a. Every person in parental relation to a child in this state shall
10 have administered to such child an adequate dose or doses of an immuniz-
11 ing agent against poliomyelitis, mumps, measles, diphtheria, rubella,
12 varicella, human papillomavirus (HPV), Haemophilus influenzae type b
13 (Hib), pertussis, tetanus, pneumococcal disease, and hepatitis B, which
14 meets the standards approved by the United States public health service
15 for such biological products, and which is approved by the department
16 under such conditions as may be specified by the public health council.
17 b. Every person in parental relation to a child in this state born on
18 or after January first, nineteen hundred ninety-four and entering sixth
19 grade or a comparable age level special education program with an unas-
20 signed grade on or after September first, two thousand seven, shall have
21 administered to such child a booster immunization containing diphtheria
22 and tetanus toxoids, [and] an acellular pertussis vaccine, and a human
23 papillomavirus (HPV) vaccine, which meets the standards approved by the
24 United States public health service for such biological products, and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01836-01-5
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1 which is approved by the department under such conditions as may be
2 specified by the public health council.
3 3. The person in parental relation to any such child who has not
4 previously received such immunization shall present the child to a
5 health practitioner and request such health practitioner to administer
6 the necessary immunization against poliomyelitis, mumps, measles,
7 diphtheria, Haemophilus influenzae type b (Hib), rubella, varicella,
8 human papillomavirus (HPV), pertussis, tetanus, pneumococcal disease,
9 and hepatitis B as provided in subdivision two of this section.
10 5. The health practitioner who administers such immunizing agent
11 against poliomyelitis, mumps, measles, diphtheria, Haemophilus influen-
12 zae type b (Hib), rubella, varicella, human papillomavirus (HPV),
13 pertussis, tetanus, pneumococcal disease, and hepatitis B to any such
14 child shall give a certificate of such immunization to the person in
15 parental relation to such child.
16 6. In the event that a person in parental relation to a child makes
17 application for admission of such child to a school or has a child
18 attending school and there exists no certificate or other acceptable
19 evidence of the child's immunization against poliomyelitis, mumps,
20 measles, diphtheria, rubella, varicella, human papillomavirus (HPV),
21 hepatitis B, pertussis, tetanus, and, where applicable, Haemophilus
22 influenzae type b (Hib) and pneumococcal disease, the principal, teach-
23 er, owner or person in charge of the school shall inform such person of
24 the necessity to have the child immunized, that such immunization may be
25 administered by any health practitioner, or that the child may be immun-
26 ized without charge by the health officer in the county where the child
27 resides, if such person executes a consent therefor. In the event that
28 such person does not wish to select a health practitioner to administer
29 the immunization, he or she shall be provided with a form which shall
30 give notice that as a prerequisite to processing the application for
31 admission to, or for continued attendance at, the school such person
32 shall state a valid reason for withholding consent or consent shall be
33 given for immunization to be administered by a health officer in the
34 public employ, or by a school physician or nurse. The form shall provide
35 for the execution of a consent by such person and it shall also state
36 that such person need not execute such consent if subdivision eight or
37 nine of this section apply to such child.
38 § 2. Paragraph (a) of subdivision 7 of section 2164 of the public
39 health law, as amended by chapter 189 of the laws of 2006, is amended to
40 read as follows:
41 (a) No principal, teacher, owner or person in charge of a school shall
42 permit any child to be admitted to such school, or to attend such
43 school, in excess of fourteen days, without the certificate provided for
44 in subdivision five of this section or some other acceptable evidence of
45 the child's immunization against poliomyelitis, mumps, measles, diphthe-
46 ria, rubella, varicella, human papillomavirus (HPV), hepatitis B,
47 pertussis, tetanus, and, where applicable, Haemophilus influenzae type b
48 (Hib) and pneumococcal disease; provided, however, such fourteen day
49 period may be extended to not more than thirty days for an individual
50 student by the appropriate principal, teacher, owner or other person in
51 charge where such student is transferring from out-of-state or from
52 another country and can show a good faith effort to get the necessary
53 certification or other evidence of immunization.
54 § 3. The opening paragraph of subdivision 8-a of section 2164 of the
55 public health law, as amended by chapter 189 of the laws of 2006, is
56 amended to read as follows:
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1 Whenever a child has been refused admission to, or continued attend-
2 ance at, a school as provided for in subdivision seven of this section
3 because there exists no certificate provided for in subdivision five of
4 this section or other acceptable evidence of the child's immunization
5 against poliomyelitis, mumps, measles, diphtheria, rubella, varicella,
6 human papillomavirus (HPV), hepatitis B, pertussis, tetanus, and, where
7 applicable, Haemophilus influenzae type b (Hib) and pneumococcal
8 disease, the principal, teacher, owner or person in charge of the school
9 shall:
10 § 4. Paragraph (a) of subdivision 1 of section 613 of the public
11 health law, as amended by section 24 of part E of chapter 56 of the laws
12 of 2013, is amended to read as follows:
13 (a) The commissioner shall develop and supervise the execution of a
14 program of immunization, surveillance and testing, to raise to the high-
15 est reasonable level the immunity of the children of the state against
16 communicable diseases including, but not limited to, influenza, poliom-
17 yelitis, measles, mumps, rubella, haemophilus influenzae type b (Hib),
18 diphtheria, pertussis, tetanus, varicella, human papillomavirus (HPV),
19 hepatitis B, pneumococcal disease, and the immunity of adults of the
20 state against diseases identified by the commissioner, including but not
21 limited to influenza, smallpox, hepatitis and such other diseases as the
22 commissioner may designate through regulation. Municipalities in the
23 state shall maintain local programs of immunization to raise the immuni-
24 ty of the children and adults of each municipality to the highest
25 reasonable level, in accordance with an application for state aid
26 submitted by the municipality and approved by the commissioner. Such
27 programs shall include assurance of provision of vaccine, serological
28 testing of individuals and educational efforts to inform health care
29 providers and target populations or their parents, if they are minors,
30 of the facts relative to these diseases and immunizations to prevent
31 their occurrence.
32 § 5. This act shall take effect on the first of September next
33 succeeding the date on which it shall have become a law; provided,
34 however, that sections one, two and three of this act shall apply only
35 to children born on or after January 1, 1996.
