senate Bill S5069B

Amended

Directs schools to provide information on meningococcal disease immunization to students and parents of students in seventh grade

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 03 / May / 2011
    • REFERRED TO HEALTH
  • 17 / May / 2011
    • AMEND AND RECOMMIT TO HEALTH
  • 17 / May / 2011
    • PRINT NUMBER 5069A
  • 24 / May / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 02 / Jun / 2011
    • AMEND AND RECOMMIT TO FINANCE
  • 02 / Jun / 2011
    • PRINT NUMBER 5069B
  • 07 / Jun / 2011
    • 1ST REPORT CAL.1108
  • 13 / Jun / 2011
    • 2ND REPORT CAL.
  • 14 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO HEALTH
  • 22 / May / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 22 / May / 2012
    • AMEND AND RECOMMIT TO FINANCE
  • 22 / May / 2012
    • PRINT NUMBER 5069C
  • 30 / May / 2012
    • AMEND AND RECOMMIT TO FINANCE
  • 30 / May / 2012
    • PRINT NUMBER 5069D

Summary

Directs schools to provide information on meningococcal disease immunization to students and parents of students in seventh grade, and requires such schools to maintain record of responses as to whether such students have received such immunization.

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Bill Details

See Assembly Version of this Bill:
A8231
Versions:
S5069
S5069A
S5069B
S5069C
S5069D
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Public Health Law
Laws Affected:
Amd ยง2167, Pub Health L

Sponsor Memo

BILL NUMBER:S5069B

TITLE OF BILL:
An act
to amend the public health law, in relation to raising the level of
immunity of children against meningococcal disease

PURPOSE OR GENERAL IDEA OF BILL:
Current law requires boarding
schools, private and public colleges, and certain summer overnight
camps to provide information to students about immunization against
meningococcal meningitis, and require students to notify the
institution whether they have decided to receive the vaccination.
This legislation would clarify that the same educational materials
and opportunity to opt-in or opt-out of being vaccinated should apply
to all students entering seventh grade.

SUMMARY OF PROVISIONS:
Consistent with the requirement in
current law that boarding schools, colleges and overnight summer
camps, distribute written information about meningococcal meningitis
and meningitis immunization to all students attending the
institution, this legislation would require that the same
information be distributed to all students entering the seventh
grade. The information that is currently provided, and would be
required to be disseminated to all seventh graders, includes: 1) a
description of the disease and means of transmission; 2) the
benefits, risks,,and effectiveness of immunization; and 3) the
availability and cost of immunization. Additionally, current law
requires that the student, parent or guardian, indicate whether the
student has received the meningitis vaccination or whether the
student has chosen not to receive the immunization. This legislation
would clarify that all seventh graders would be required to provide
same information to the school. Notably, each school must maintain a
record of the students' responses, but is not required to maintain
the actual response forth.

The bill prohibits the seventh grader to attend a school in excess
of thirty days if the student fails to return the form stating whether
or not the child has chosen to receive the vaccine, provided,
however, that such thirty day period may be extended to not more than
sixty days if a student can show a good faith effort to comply.

This bill would not prohibit schools from adopting or maintaining more
stringent policies regarding immunization against meningococcal
meningitis.

JUSTIFICATION:
Meningococcal meningitis is an air-borne disease,
transmitted through droplets of respiratory secretions and from
direct contact with persons infected with the disease.

This serious disease can lead to death within only a few hours.
Survivors may be left with a severe disability such as loss of limb,
cognitive deficits, paralysis, deafness, or seizures. Notably,
meningitis can be hard to detect because of its flu-like symptoms --
severe headache, high fever, nausea, vomiting and drowsiness. Some of
the distinct symptoms of meningitis are a stiff neck or back,
confusion or agitation and rashes. These symptoms, however, do not
necessarily occur and
the disease can get worse very quickly, sometimes in the matter of
hours, if not treated with antibiotics. Meningococcal outbreaks can
cause severe disruption of classes, school life, and alarm among
students and faculty.

The CDC has determined that in adolescents, those ages 16 through 21
years have the highest rates of meningococcal disease. As a result,
the CDC recommends, that in order to reduce the risk of adolescents
becoming infected, a younger cohort of adolescents (typically seventh
graders) should be vaccinated with meningococcal conjugate vaccine.
This vaccine is proven to be successful at preventing the
meningococcal disease.

This bill simply requires that educational materials regarding the
meningococcal vaccine be made available to seventh graders, and that
the student or parent then inform the school whether the student has
opted to received the meningitis vaccination. A basic record is
important to be maintained in the event that there is a confirm case
of meningococcal disease, individuals who have not been vaccinated
may be notified of the confirmed case as soon as possible. Due to the
devastation that the disease could cause, this legislation is an
important public health policy that would improve education regarding
this disease, but still provide parents and students with the
opportunity to make a determination of whether to obtain the vaccine.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
This bill will have no fiscal impact.
Notably, the Department of Health has already created the template
form and educational materials to meet the requirement of the 2003
statute. If enacted, this bill would only require minor modifications
to those documents.

EFFECTIVE DATE:
This act shall take effect July 1, 2012.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5069--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  reported  favorably  from  said committee and
  committed to the Committee on Finance --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the public health law, in relation to raising the  level
  of immunity of children against meningococcal disease

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 2167 of the public health law, as added by chapter
165 of the laws of 2003, is amended to read as follows:
  S 2167. Immunization against meningococcal meningitis. 1. As  used  in
this section, unless the context requires otherwise:
  a.  The term "student" means [a] ANY person WHO IS IN SEVENTH GRADE OR
A COMPARABLE AGE LEVEL SPECIAL  EDUCATION  PROGRAM  WITH  AN  UNASSIGNED
GRADE  AT  A  SCHOOL,  OR attending an institution and, in the case of a
student attending college, "student" means a person who is registered to
attend or who attends classes at an institution, who is enrolled for  at
least  six  semester  hours  or the equivalent per semester, or at least
four semester hours per quarter.
  b. The term "institution" means an academy or college, as  defined  in
section  two  of  the  education  law, or a children's overnight camp as
defined in section one thousand three hundred ninety-two of  this  chap-
ter, where the person attending such camp remains overnight for a period
of not fewer than seven days.
  c.  The  term  "immunization"  means  an  adequate dose or doses of an
immunizing agent against meningococcal meningitis which meets the stand-
ards approved by the  United  States  public  health  service  for  such
biological  products  and which is approved by the department under such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11275-07-1

S. 5069--B                          2

conditions as may be specified by the public health AND HEALTH  PLANNING
council.
  D.   THE TERM "SCHOOL" MEANS ANY PUBLIC, PRIVATE OR PAROCHIAL INTERME-
DIATE OR SECONDARY SCHOOL.
  2. Each institution AND SCHOOL shall distribute, in a form provided or
approved by the commissioner, written  information  about  meningococcal
meningitis  and meningitis immunization to all students. The information
provided by the institution OR SCHOOL shall include, but not be  limited
to, the following:
  a. a description of the disease and means of transmission;
  b. the benefits, risks, and effectiveness of immunization;
  c.  the availability and cost of immunization, including an indication
of whether or not the institution OR SCHOOL offers meningococcal mening-
itis immunization services.
  3. Each institution AND  SCHOOL  shall  also  distribute,  in  a  form
provided  or  approved by the commissioner [of health], a response form,
to be completed by the student or, where the student is under the age of
eighteen years, such student's parent or guardian, which  shall  include
the following:
  a.  The  student,  or if under the age of eighteen years the parent or
guardian of the student, certifies that the student has already received
immunization against  meningococcal  meningitis  within  the  ten  years
preceding the date of the response form;
  b.  The  student,  or if under the age of eighteen years the parent or
guardian of such student, has  received  and  reviewed  the  information
provided by the institution OR SCHOOL, understands the risks of meningo-
coccal meningitis and the benefits of immunization, and has decided that
the student shall not obtain immunization against meningococcal meningi-
tis.
  The student, or if under the age of eighteen years the parent or guar-
dian  of  such  student,  shall indicate his or her decision in a box or
space placed appropriately on the form and shall  return  the  completed
form to the institution OR SCHOOL.  Nothing in this subdivision shall be
construed  to  prohibit  an institution OR SCHOOL from incorporating the
form required by this subdivision into  another  health  certificate  or
form required by the institution OR SCHOOL.
  4.  Each institution AND SCHOOL shall maintain [completed] A RECORD OF
THE response [forms].
  5. No institution OR SCHOOL shall permit any  student  to  attend  the
institution  OR  SCHOOL  in excess of thirty days without complying with
this section; provided, however, that such  thirty  day  period  may  be
extended  to not more than sixty days if a student can show a good faith
effort to comply with this section.
  6. Nothing in this section shall be construed to prohibit institutions
AND SCHOOLS from adopting or maintaining more stringent policies regard-
ing immunization against meningococcal meningitis.
  S 2. This act shall take effect July 1, 2012; provided,  that,  effec-
tive  immediately,  any actions necessary to implement the provisions of
this act on its  effective  date  are  authorized  and  directed  to  be
completed on or before such date.

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