STATE OF NEW YORK
________________________________________________________________________
9886
IN ASSEMBLY
April 26, 2024
___________
Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to increasing eligi-
bility of admitted persons in general hospitals for immunizations
against influenza virus
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 2805-h of the public health law,
2 as added by chapter 266 of the laws of 2006 and the subdivision heading
3 as amended by chapter 282 of the laws of 2009, is amended to read as
4 follows:
5 2. Immunizations against influenza for certain persons fifty or older
6 and immunizations against pneumococcal for certain persons sixty-five or
7 older. (a) Annually between September first and April first, it shall be
8 the duty of the administrative officer or other person in charge of each
9 general hospital to offer each admitted person age [sixty-five] fifty or
10 older vaccination against influenza virus. Such officer or person need
11 not offer the vaccination to persons who have already received such
12 vaccine or for whom it is otherwise inappropriate.
13 (b) It shall be the duty of the administrative officer or other person
14 in charge of each general hospital to offer vaccination against pneumo-
15 coccal disease to each admitted person age sixty-five or older in the
16 hospital's care. Such officer or person need not offer the vaccination
17 to people who have already received it, are not in need of a booster, or
18 for whom it is otherwise inappropriate.
19 (c) Each general hospital shall adopt an influenza and pneumococcal
20 immunization policy which shall include, but not be limited to, the
21 following: procedures for identifying persons age fifty or older for
22 influenza, sixty-five or older for pneumococcal disease and at the
23 discretion of the facility other individuals at risk; procedures for the
24 offering of immunization against influenza virus upon admission or
25 discharge to persons age fifty or older, between September first and
26 April first, and pneumococcal disease upon admission or discharge to
27 persons age sixty-five or older; procedures for ensuring that individ-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15217-01-4
A. 9886 2
1 uals offered immunization or their guardian receive information regard-
2 ing the risks and benefits of vaccination; a standing order policy
3 approved by the medical director or other appropriate physician which
4 shall include, but not be limited to, an assessment for contra-indica-
5 tions; and a system for documenting vaccine administration, medical
6 contra-indications, patient refusals and any post-vaccination adverse
7 events.
8 (d) The commissioner may waive the requirements of this subdivision
9 due to a shortage of influenza and/or pneumococcal vaccine.
10 § 2. This act shall take effect on the ninetieth day after it shall
11 have become a law.