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A02067 Summary:

BILL NOA02067
 
SAME ASNo same as
 
SPONSORPaulin (MS)
 
COSPNSRGunther, Markey, Ortiz, Robinson, Hooper, Schimel
 
MLTSPNSRDinowitz, Kellner, Lifton, Ra
 
Amd SS2164 & 613, Pub Health L
 
Provides for the immunization of all children born after January 1, 1996 with the human papillomavirus (HPV).
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A02067 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2067
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced by M. of A. PAULIN, GUNTHER, MARKEY, ORTIZ, ROBINSON, HOOPER,
          GABRYSZAK,  SCHIMEL,  TITONE -- Multi-Sponsored by -- M. of A. CUSICK,
          DINOWITZ, KELLNER, LIFTON, RA -- read once and referred to the Commit-
          tee 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04901-02-3

        A. 2067                             2
 
     1  papillomavirus (HPV) vaccine, which meets the standards approved by  the
     2  United  States  public  health service for such biological products, and
     3  which is approved by the department under  such  conditions  as  may  be
     4  specified by the public health council.
     5    3.  The  person  in  parental  relation  to any such child who has not
     6  previously received such immunization  shall  present  the  child  to  a
     7  health  practitioner  and request such health practitioner to administer

     8  the  necessary  immunization  against  poliomyelitis,  mumps,   measles,
     9  diphtheria,  Haemophilus  influenzae  type  b (Hib), rubella, varicella,
    10  human papillomavirus (HPV), pertussis,  tetanus,  pneumococcal  disease,
    11  and hepatitis B as provided in subdivision two of this section.
    12    5.  The  health  practitioner  who  administers  such immunizing agent
    13  against poliomyelitis, mumps, measles, diphtheria, Haemophilus  influen-
    14  zae  type  b  (Hib),  rubella,  varicella,  human  papillomavirus (HPV),
    15  pertussis, tetanus, pneumococcal disease, and hepatitis B  to  any  such
    16  child  shall  give  a  certificate of such immunization to the person in
    17  parental relation to such child.
    18    6. In the event that a person in parental relation to  a  child  makes
    19  application  for  admission  of  such  child  to a school or has a child

    20  attending school and there exists no  certificate  or  other  acceptable
    21  evidence  of  the  child's  immunization  against  poliomyelitis, mumps,
    22  measles, diphtheria, rubella,  varicella,  human  papillomavirus  (HPV),
    23  hepatitis  B,  pertussis,  tetanus,  and,  where applicable, Haemophilus
    24  influenzae type b (Hib) and pneumococcal disease, the principal,  teach-
    25  er,  owner or person in charge of the school shall inform such person of
    26  the necessity to have the child immunized, that such immunization may be
    27  administered by any health practitioner, or that the child may be immun-
    28  ized without charge by the health officer in the county where the  child
    29  resides,  if  such person executes a consent therefor. In the event that
    30  such person does not wish to select a health practitioner to  administer
    31  the  immunization,  he  or she shall be provided with a form which shall

    32  give notice that as a prerequisite to  processing  the  application  for
    33  admission  to,  or  for  continued attendance at, the school such person
    34  shall state a valid reason for withholding consent or consent  shall  be
    35  given  for  immunization  to  be administered by a health officer in the
    36  public employ, or by a school physician or nurse. The form shall provide
    37  for the execution of a consent by such person and it  shall  also  state
    38  that  such  person need not execute such consent if subdivision eight or
    39  nine of this section apply to such child.
    40    § 2. Paragraph (a) of subdivision 7 of  section  2164  of  the  public
    41  health law, as amended by chapter 189 of the laws of 2006, is amended to
    42  read as follows:
    43    (a) No principal, teacher, owner or person in charge of a school shall
    44  permit  any  child  to  be  admitted  to  such school, or to attend such

    45  school, in excess of fourteen days, without the certificate provided for
    46  in subdivision five of this section or some other acceptable evidence of
    47  the child's immunization against poliomyelitis, mumps, measles, diphthe-
    48  ria,  rubella,  varicella,  human  papillomavirus  (HPV),  hepatitis  B,
    49  pertussis, tetanus, and, where applicable, Haemophilus influenzae type b
    50  (Hib)  and  pneumococcal  disease;  provided, however, such fourteen day
    51  period may be extended to not more than thirty days  for  an  individual
    52  student  by the appropriate principal, teacher, owner or other person in
    53  charge where such student is  transferring  from  out-of-state  or  from
    54  another  country  and  can show a good faith effort to get the necessary
    55  certification or other evidence of immunization.

        A. 2067                             3
 

     1    § 3. The opening paragraph of subdivision 8-a of section 2164  of  the
     2  public  health  law,  as  amended by chapter 189 of the laws of 2006, is
     3  amended to read as follows:
     4    Whenever  a  child has been refused admission to, or continued attend-
     5  ance at, a school as provided for in subdivision seven of  this  section
     6  because  there exists no certificate provided for in subdivision five of
     7  this section or other acceptable evidence of  the  child's  immunization
     8  against  poliomyelitis,  mumps, measles, diphtheria, rubella, varicella,
     9  human papillomavirus (HPV), hepatitis B, pertussis, tetanus, and,  where
    10  applicable,   Haemophilus  influenzae  type  b  (Hib)  and  pneumococcal
    11  disease, the principal, teacher, owner or person in charge of the school
    12  shall:
    13    § 4. Paragraph (a) of subdivision 1  of  section  613  of  the  public

    14  health  law, as amended by chapter 36 of the laws of 2010, is amended to
    15  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, and hepatitis.  The  commissioner  shall
    25  encourage  the  municipalities  in the state to develop and shall assist

    26  them in the development and the execution of local  programs  of  inocu-
    27  lation  to raise the immunity of the children and adults of each munici-
    28  pality to the highest reasonable  level.  Such  programs  shall  include
    29  provision  of vaccine, surveillance of vaccine effectiveness by means of
    30  laboratory tests, serological testing  of  individuals  and  educational
    31  efforts  to inform health care providers and target populations or their
    32  parents, if they are minors, of the facts relative to these diseases and
    33  inoculation to prevent their occurrence.
    34    § 5.   This act shall take effect  on  the  first  of  September  next
    35  succeeding  the  date  on  which  it  shall have become a law; provided,
    36  however, that sections one, two and three of this act shall  apply  only
    37  to children born on or after January 1, 1996.
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