senate Bill S98A

Encourages voluntary, informed vaccination against human papillomavirus (HPV)

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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

  • 05 / Jan / 2011
    • REFERRED TO HEALTH
  • 22 / Feb / 2011
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 04 / Jan / 2012
    • REFERRED TO HEALTH
  • 05 / Jan / 2012
    • AMEND AND RECOMMIT TO HEALTH
  • 05 / Jan / 2012
    • PRINT NUMBER 98A

Summary

Encourages, through the provision of written educational materials and consultation, the voluntary vaccination against human papillomavirus (HPV) for school-aged children by their parents or guardians.

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Bill Details

See Assembly Version of this Bill:
A2360A
Versions:
S98
S98A
Legislative Cycle:
2011-2012
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd ยงยง2164 & 613, Pub Health L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S1983A, A3203A
2007-2008: A7403

Sponsor Memo

BILL NUMBER:S98A

TITLE OF BILL:
An act
to amend the public health law, in relation to encouraging immunization
against human papillomavirus (HPV)

PURPOSE OR GENERAL IDEA OF BILL:
Encourages voluntary, informed
vaccination against human papillomavirus (HPV).

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 Amends Section 2164(2)(5)(6) of the Public Health Law to
require that parents and guardians of a child in New York State be
encouraged, through the provision of written educational materials
and consultation, to administer to such child an adequate dose or
doses of an immunizing agent against human papillomavirus (HPV) which
meets the standards approved by the United States Public Health
Service. Provides that every parent and guardian of a child born
after January 1, 1994 and entering the sixth grade or is of a
comparable age level on or after September 1, 2012, shall, through
the provision of written educational materials and consultation, have
administered a HPV booster immunization. Requires the health
practitioner who administers the HPV immunization to provide the
parent or guardian with a certificate of such immunization. In the
event that no certificate or other acceptable evidence of HPV
immunization exists, the parent or guardian shall be informed by the
principal, teacher, owner or person in charge of the school of the
efficacy of voluntary HPV immunization.

Section 2 Amends Section 613(1)(a) of the Public Health Law to
require the Commissioner of Health to develop educational efforts to
encourage informed, voluntary HPV vaccinations.

Section 3 Effective Date

JUSTIFICATION:
Cervical cancer is a worldwide public health issue, and the HPV
vaccine may be the solution to it. Every year, 11,000 American women
have cervical cancer, and two million more have abnormal pap smears,
almost all due to a viral infection.

The Catholic Health Association of the United States says that
preventing a life-threatening disease and sexual promiscuity are
different issues. Preventing disease is the responsibility of the
health care provider, and this vaccine is a way to do that.

PRIOR LEGISLATIVE HISTORY:
2011: S.98 - Notice of Committee Consideration Requested/A.2360 -

Referred to Health
2009-10: S.1983A - Referred to Health/A.3203A - Referred to Health
2007-08: A.7403 - Referred to Health

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
Immediately.

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

                                  98--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Health --  recommitted  to
  the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the public health law, in relation to encouraging immun-
  ization against human papillomavirus (HPV)

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

  Section 1. The section heading and subdivisions 2, 5 and 6 of  section
2164  of the public health law, as amended by chapter 189 of the laws of
2006, subdivision 2 as separately amended by chapter 506 of the laws  of
2006, are amended to read as follows:
  Definitions;   immunization  against  poliomyelitis,  mumps,  measles,
diphtheria, rubella, varicella, HUMAN PAPILLOMAVIRUS (HPV),  Haemophilus
influenzae  type  b (Hib), pertussis, tetanus, pneumococcal disease, and
hepatitis B.
  2. a. Every person in parental relation to a child in this state shall
have administered to such child an adequate dose or doses of an immuniz-
ing agent against poliomyelitis, mumps,  measles,  diphtheria,  rubella,
varicella,  Haemophilus  influenzae  type  b  (Hib), pertussis, tetanus,
pneumococcal  disease,  and  hepatitis  B,  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 council. EVERY PERSON IN
PARENTAL RELATION TO A CHILD IN THIS STATE SHALL BE ENCOURAGED,  THROUGH
THE PROVISION OF WRITTEN EDUCATIONAL MATERIALS AND CONSULTATION, TO HAVE
ADMINISTERED  TO  SUCH  CHILD AN ADEQUATE DOSE OR DOSES OF AN IMMUNIZING
AGENT AGAINST HUMAN  PAPILLOMAVIRUS  (HPV)  WHICH  MEETS  THE  STANDARDS
APPROVED  BY THE UNITED STATES PUBLIC HEALTH SERVICE FOR SUCH BIOLOGICAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02206-02-1

S. 98--A                            2

PRODUCTS, AND WHICH IS APPROVED BY THE DEPARTMENT UNDER SUCH  CONDITIONS
AS MAY BE SPECIFIED BY THE PUBLIC HEALTH COUNCIL.
  b.  Every person in parental relation to a child in this state born on
or after January first, nineteen hundred ninety-four and entering  sixth
grade  or a comparable age level special education program with an unas-
signed grade on or after September first, two thousand seven, shall have
administered to such child a booster immunization containing  diphtheria
and tetanus toxoids, and an acellular pertussis vaccine, 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 council. EVERY
PERSON IN PARENTAL RELATION TO A CHILD IN THIS STATE BORN  ON  OR  AFTER
JANUARY  FIRST, NINETEEN HUNDRED NINETY-FOUR AND ENTERING SIXTH GRADE OR
A COMPARABLE AGE LEVEL SPECIAL  EDUCATION  PROGRAM  WITH  AN  UNASSIGNED
GRADE ON OR AFTER SEPTEMBER FIRST, TWO THOUSAND TWELVE, SHALL BE ENCOUR-
AGED, THROUGH THE PROVISION OF WRITTEN EDUCATIONAL MATERIALS AND CONSUL-
TATION, TO HAVE ADMINISTERED TO SUCH CHILD A BOOSTER IMMUNIZATION, WHERE
APPLICABLE, AGAINST HUMAN PAPILLOMAVIRUS (HPV) 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 COUNCIL.
  5.  The  health  practitioner  who  administers  such immunizing agent
against poliomyelitis, mumps, measles, diphtheria, Haemophilus  influen-
zae  type  b  (Hib),  rubella,  varicella,  HUMAN  PAPILLOMAVIRUS (HPV),
pertussis, tetanus, pneumococcal disease, and hepatitis B  to  any  such
child  shall  give  a  certificate of such immunization to the person in
parental relation to such child.
  6. In the event that a person in parental relation to  a  child  makes
application  for  admission  of  such  child  to a school or has a child
attending school and there exists no  certificate  or  other  acceptable
evidence  of  the  child's  immunization  against  poliomyelitis, mumps,
measles, diphtheria, rubella, varicella, hepatitis B,  pertussis,  teta-
nus,  and,  where  applicable,  Haemophilus  influenzae type b (Hib) and
pneumococcal disease, the principal, teacher, owner or person in  charge
of  the  school shall inform such person of the necessity to have, OR IN
THE CASE OF HUMAN  PAPILLOMAVIRUS  (HPV)  THE  EFFICACY  OF  VOLUNTARILY
HAVING,  the child immunized, that such immunization may be administered
by any health practitioner, or that the child may be  immunized  without
charge  by  the health officer in the county where the child resides, if
such person executes a consent therefor. In the event that  such  person
does  not wish to select a health practitioner to administer the immuni-
zation, he or she shall be provided with a form which shall give  notice
that  as  a prerequisite to processing the application for admission to,
or for continued attendance at, the school such  person  shall  state  a
valid  reason  for  withholding  consent  or  consent shall be given for
immunization to be administered  by  a  health  officer  in  the  public
employ,  or  by  a school physician or nurse. The form shall provide for
the execution of a consent by such person and it shall also  state  that
such  person  need not execute such consent if subdivision eight or nine
of this section apply to such child.
  S 2. Paragraph (a) of subdivision 1  of  section  613  of  the  public
health  law, as amended by chapter 36 of the laws of 2010, is amended to
read as follows:
  (a) The commissioner shall develop and supervise the  execution  of  a
program of immunization, surveillance and testing, to raise to the high-
est  reasonable  level the immunity of the children of the state against

S. 98--A                            3

communicable diseases including, but not limited to, influenza,  poliom-
yelitis,  measles,  mumps, rubella, haemophilus influenzae type b (Hib),
diphtheria, pertussis, tetanus,  varicella,  hepatitis  B,  pneumococcal
disease,  and the immunity of adults of the state against diseases iden-
tified by the commissioner, including  but  not  limited  to  influenza,
smallpox,  and  hepatitis.  The commissioner shall encourage the munici-
palities in the state to develop and shall assist them in  the  develop-
ment  and  the  execution  of local programs of inoculation to raise the
immunity of the children and adults of each municipality to the  highest
reasonable  level.  Such  programs  shall  include provision of vaccine,
surveillance of vaccine effectiveness  by  means  of  laboratory  tests,
serological  testing  of  individuals  and educational efforts to inform
health care providers and target populations or their parents,  if  they
are  minors,  of the facts relative to these diseases and inoculation to
prevent their occurrence. EDUCATIONAL EFFORTS SHALL INCLUDE, BUT NOT  BE
LIMITED  TO,  INFORMATION ABOUT THE EFFICACY OF IMMUNIZING AGAINST HUMAN
PAPILLOMAVIRUS (HPV) TO ENCOURAGE INFORMED, VOLUNTARY VACCINATIONS.
  S 3. This act shall take effect immediately.

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