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A02240 Summary:

BILL NOA02240
 
SAME ASSAME AS S00045
 
SPONSORDinowitz
 
COSPNSRQuart, Taylor
 
MLTSPNSRRichardson
 
Amd 2164, Pub Health L
 
Relates to mandatory influenza vaccine for persons attending daycare.
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A02240 Actions:

BILL NOA02240
 
01/14/2021referred to health
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A02240 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2240
 
SPONSOR: Dinowitz
  TITLE OF BILL: An act to amend the public health law, in relation to mandatory influen- za vaccine for persons attending daycare   PURPOSE OR GENERAL IDEA OF BILL: This bill would require any child entering a licensed and registered child daycare home, program, or facility to be immunized with adequate doses against influenza virus.   SUMMARY OF SPECIFIC PROVISIONS: Sections one amends section 2164 of the public health law to require that any person in parental relation to a child in this state entering or having entered a licensed and registered child daycare home, program, or facility on or after the bill shall take effect, shall have adminis- tered to such child an adequate dose or doses of immunizing agents against influenza virus as recommended by the advisory committee on immunization practices of the Center for Disease Control and Prevention, which meets the standards approved by the United States public health service for such biological products, and which is approved by the department under such conditions as may be specified by the public health and planning council. This section also adds influenza virus to existing sections of law. Section two provides the effective date.   JUSTIFICATION: According to the New York City Department of Health, children age 5 years old and under produce the highest infection rates for seasonal influenza annually. This legislation would ensure that young children under state licensed care are at less of a risk to contract this poten- tially deadly disease as well as ensuring all the children in their shared environment are also protected. Many children in daycares and preschools are exposed to daily close contact with other young and possibly ill children. Often children of this age group are too young to have been properly taught to cough prop- erly and protect themselves from disease, vaccination is the best way to make sure our youth is protected.   PRIOR LEGISLATIVE HISTORY: 2019-20: A.2316 - Referred to Health / S.2276 - Referred to Health 2017-18: A.1230 - Referred to Codes / S.6346 - Referred to Health 2015-15: A.8633 - Referred to Health   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act shall take effect one year after it shall have become law.
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A02240 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2240
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2021
                                       ___________
 
        Introduced  by M. of A. DINOWITZ, QUART, TAYLOR -- Multi-Sponsored by --
          M. of A.  RICHARDSON -- read once and referred  to  the  Committee  on
          Health
 
        AN ACT to amend the public health law, in relation to mandatory influen-
          za vaccine for persons attending daycare
 
          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, subdivision 6 as amended by chapter 35 of
     3  the laws of 2019, is amended to read as follows:
     4    §  2164.  Definitions;  immunization  against  poliomyelitis,   mumps,
     5  measles,  diphtheria,  rubella, varicella, Haemophilus influenzae type b
     6  (Hib), pertussis, tetanus, pneumococcal disease, meningococcal  disease,
     7  influenza virus, and hepatitis B. 1. As used in this section, unless the
     8  context requires otherwise:
     9    a.  The  term "school" means and includes any public, private or paro-
    10  chial child caring center, day nursery, day care agency, nursery school,
    11  kindergarten, elementary, intermediate or secondary school.
    12    b. The term "child" shall mean and include any person between the ages
    13  of two months and eighteen years.
    14    c. The term "person in parental relation to a child"  shall  mean  and
    15  include  his  father  or  mother,  by  birth  or  adoption,  his legally
    16  appointed guardian, or his custodian. A person shall be regarded as  the
    17  custodian  of a child if he has assumed the charge and care of the child
    18  because the parents or legally appointed  guardian  of  the  minor  have
    19  died,  are  imprisoned,  are  mentally ill, or have been committed to an
    20  institution, or because they have abandoned or deserted  such  child  or
    21  are  living  outside the state or their whereabouts are unknown, or have
    22  designated the person pursuant to title fifteen-A of article five of the
    23  general obligations law as a person in parental relation to the child.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02749-01-1

        A. 2240                             2
 
     1    d. The term "health practitioner" shall mean any person authorized  by
     2  law to administer an immunization.
     3    2. a. Every person in parental relation to a child in this state shall
     4  have administered to such child an adequate dose or doses of an immuniz-
     5  ing  agent  against  poliomyelitis, mumps, measles, diphtheria, rubella,
     6  varicella, Haemophilus influenzae  type  b  (Hib),  pertussis,  tetanus,
     7  pneumococcal  disease,  and  hepatitis  B,  which  meets  the  standards
     8  approved by the United States public health service for such  biological
     9  products,  and which is approved by the department under such conditions
    10  as may be specified by the public health council.
    11    b. Every person in parental relation to a child in this state born  on
    12  or  after January first, nineteen hundred ninety-four and entering sixth
    13  grade or a comparable age level special education program with an  unas-
    14  signed grade on or after September first, two thousand seven, shall have
    15  administered  to such child a booster immunization containing diphtheria
    16  and tetanus toxoids, and an acellular pertussis vaccine, which meets the
    17  standards approved by the United States public health service  for  such
    18  biological  products, and which is approved by the department under such
    19  conditions as may be specified by the public health council.
    20    c. Every person in parental relation to a child in this state entering
    21  or having entered seventh grade and twelfth grade or  a  comparable  age
    22  level  special  education  program  with an unassigned grade on or after
    23  September first, two thousand sixteen, shall have administered  to  such
    24  child an adequate dose or doses of immunizing agents against meningococ-
    25  cal  disease  as  recommended  by the advisory committee on immunization
    26  practices of the centers for disease control and prevention, which meets
    27  the standards approved by the United States public  health  service  for
    28  such  biological products, and which is approved by the department under
    29  such conditions as may be specified by the public  health  and  planning
    30  council.
    31    d. Every person in parental relation to a child in this state entering
    32  or  having entered a licensed and registered child daycare home, program
    33  or facility shall have administered to such child an  adequate  dose  or
    34  doses of immunizing agents against influenza virus as recommended by the
    35  advisory  committee on immunization practices of the centers for disease
    36  control and prevention, which meets the standards approved by the United
    37  States public health service for such biological products, and which  is
    38  approved  by the department under such conditions as may be specified by
    39  the public health and planning council.
    40    3. The person in parental relation to  any  such  child  who  has  not
    41  previously  received  such  immunization  shall  present  the child to a
    42  health practitioner and request such health practitioner  to  administer
    43  the   necessary  immunization  against  poliomyelitis,  mumps,  measles,
    44  diphtheria, Haemophilus influenzae type  b  (Hib),  rubella,  varicella,
    45  pertussis,  tetanus, pneumococcal disease, meningococcal disease, influ-
    46  enza virus, and hepatitis B as  provided  in  subdivision  two  of  this
    47  section.
    48    4.  If  any person in parental relation to such child is unable to pay
    49  for the services of a private health  practitioner,  such  person  shall
    50  present  such  child  to  the  health officer of the county in which the
    51  child resides, who shall then administer the  immunizing  agent  without
    52  charge.
    53    5.  The  health  practitioner  who  administers  such immunizing agent
    54  against poliomyelitis, mumps, measles, diphtheria, Haemophilus  influen-
    55  zae  type  b (Hib), rubella, varicella, pertussis, tetanus, pneumococcal
    56  disease, meningococcal disease, influenza virus, and hepatitis B to  any

        A. 2240                             3
 
     1  such  child  shall give a certificate of such immunization to the person
     2  in parental relation to such child.
     3    6.  In  the  event that a person in parental relation to a child makes
     4  application for admission of such child to  a  school  or  has  a  child
     5  attending  school  and  there  exists no certificate or other acceptable
     6  evidence of  the  child's  immunization  against  poliomyelitis,  mumps,
     7  measles,  diphtheria,  rubella, varicella, hepatitis B, pertussis, teta-
     8  nus, and, where applicable, Haemophilus influenzae type b (Hib),  menin-
     9  gococcal disease, influenza virus, and pneumococcal disease, the princi-
    10  pal,  teacher, owner or person in charge of the school shall inform such
    11  person of the necessity to have the child immunized, that such immuniza-
    12  tion may be administered by any health practitioner, or that  the  child
    13  may  be  immunized  without  charge  by the health officer in the county
    14  where the child resides, if such person executes a consent therefor.  In
    15  the event that such person does not wish to select a health practitioner
    16  to  administer the immunization, he or she shall be provided with a form
    17  which shall give notice that as a prerequisite to processing the  appli-
    18  cation for admission to, or for continued attendance at, the school such
    19  person  shall  state  a  valid reason for withholding consent or consent
    20  shall be given for immunization to be administered by a  health  officer
    21  in  the public employ, or by a school physician or nurse. The form shall
    22  provide for the execution of a consent by such person and it shall  also
    23  state  that  such  person  need  not execute such consent if subdivision
    24  eight of this section applies to such child.
    25    7. (a) No principal, teacher, owner or person in charge  of  a  school
    26  shall  permit any child to be admitted to such school, or to attend such
    27  school, in excess of fourteen days, without the certificate provided for
    28  in subdivision five of this section or some other acceptable evidence of
    29  the child's immunization against poliomyelitis, mumps, measles, diphthe-
    30  ria, rubella, varicella, hepatitis B,  pertussis,  tetanus,  and,  where
    31  applicable,  Haemophilus influenzae type b (Hib), meningococcal disease,
    32  influenza virus, and pneumococcal disease; provided, however, such four-
    33  teen day period may be extended to not more  than  thirty  days  for  an
    34  individual student by the appropriate principal, teacher, owner or other
    35  person in charge where such student is transferring from out-of-state or
    36  from  another country and can show a good faith effort to get the neces-
    37  sary certification or other evidence of immunization.
    38    (b) A parent, a guardian or any other person in parental  relationship
    39  to  a  child denied school entrance or attendance may appeal by petition
    40  to the commissioner of education in accordance with  the  provisions  of
    41  section three hundred ten of the education law.
    42    8. If any physician licensed to practice medicine in this state certi-
    43  fies  that such immunization may be detrimental to a child's health, the
    44  requirements of this section shall be inapplicable until such  immuniza-
    45  tion is found no longer to be detrimental to the child's health.
    46    8-a.  Whenever  a  child  has  been refused admission to, or continued
    47  attendance at, a school as provided for in  subdivision  seven  of  this
    48  section  because there exists no certificate provided for in subdivision
    49  five of this section or other acceptable evidence of the child's immuni-
    50  zation against poliomyelitis, mumps, measles, diphtheria, rubella, vari-
    51  cella, hepatitis B, pertussis, tetanus, and, where applicable, Haemophi-
    52  lus influenzae type b (Hib), meningococcal disease, influenza virus, and
    53  pneumococcal disease, the principal, teacher, owner or person in  charge
    54  of the school shall:
    55    a. forward a report of such exclusion and the name and address of such
    56  child  to  the  local  health  authority  and  to the person in parental

        A. 2240                             4
 
     1  relation to the child together with a notification of the responsibility
     2  of such person under subdivision two of  this  section  and  a  form  of
     3  consent as prescribed by regulation of the commissioner, and
     4    b.  provide,  with  the  cooperation  of  the appropriate local health
     5  authority, for a time and place at which an immunizing agent  or  agents
     6  shall  be  administered, as required by subdivision two of this section,
     7  to a child for whom a consent has been obtained. Upon failure of a local
     8  health authority to cooperate in arranging for a time and place at which
     9  an immunizing agent or agents  shall  be  administered  as  required  by
    10  subdivision two of this section, the commissioner shall arrange for such
    11  administration and may recover the cost thereof from the amount of state
    12  aid to which the local health authority would otherwise be entitled.
    13    10.  The  commissioner  may  adopt  and amend rules and regulations to
    14  effectuate the provisions and purposes of this section.
    15    11. Every school shall annually provide  the  commissioner,  on  forms
    16  provided  by  the  commissioner, a summary regarding compliance with the
    17  provisions of this section.
    18    § 2. This act shall take effect one year after it shall have become  a
    19  law.
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