S T A T E O F N E W Y O R K
________________________________________________________________________
3203--A
2009-2010 Regular Sessions
I N A S S E M B L Y
January 23, 2009
___________
Introduced by M. of A. BENJAMIN, FIELDS, JEFFRIES, P. RIVERA, ROBINSON,
CALHOUN, PEOPLES-STOKES, TITUS, CUSICK, CHRISTENSEN, FITZPATRICK,
BARRON, COOK, REILLY, RAIA, ESPAILLAT, KOON -- Multi-Sponsored by --
M. of A. BACALLES, BARCLAY, BOYLAND, CONTE, CROUCH, DelMONTE, DUPREY,
GORDON, LUPARDO, MAYERSOHN, J. MILLER, PHEFFER, QUINN -- read once and
referred to the Committee on Health -- recommitted to the Committee on
Health in accordance with Assembly Rule 3, sec. 2 -- 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05574-03-0
A. 3203--A 2
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
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 TEN, 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. Subdivision 1 of section 613 of the public health law, as amended
by chapter 189 of the laws of 2006, is amended to read as follows:
A. 3203--A 3
1. 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
communicable diseases including, but not limited to, poliomyelitis,
measles, mumps, rubella, haemophilus influenzae type b (Hib), diphthe-
ria, pertussis, tetanus, varicella, hepatitis B, pneumococcal disease,
and the immunity of adults of the state against diseases identified by
the commissioner, including but not limited to influenza, smallpox, and
hepatitis. The commissioner shall encourage the municipalities in the
state to develop and shall assist them in the development 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 occur-
rence. EDUCATIONAL EFFORTS SHALL INCLUDE, BUT NOT BE LIMITED TO, INFOR-
MATION ABOUT THE EFFICACY OF IMMUNIZING AGAINST HUMAN PAPILLOMAVIRUS
(HPV) TO ENCOURAGE INFORMED, VOLUNTARY VACCINATIONS. The commissioner
shall invite and encourage the active assistance and cooperation in such
education activities of: the medical societies, organizations of other
licensed health personnel, hospitals, corporations subject to article
forty-three of the insurance law, trade unions, trade associations,
parents and teachers and their associations, the media of mass communi-
cation, and such other voluntary groups and organizations of citizens as
he or she shall deem appropriate. The public health council, the depart-
ment of education, the department of family assistance, and the depart-
ment of mental hygiene shall provide the commissioner with such assist-
ance in carrying out the program as he or she shall request. All other
state agencies shall also render such assistance as the commissioner may
reasonably require for this program. Nothing in this subdivision shall
authorize mandatory immunization of adults or children, except as
provided in sections twenty-one hundred sixty-four and twenty-one
hundred sixty-five of this chapter.
S 3. 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
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
A. 3203--A 4
LIMITED TO, INFORMATION ABOUT THE EFFICACY OF IMMUNIZING AGAINST HUMAN
PAPILLOMAVIRUS (HPV) TO ENCOURAGE INFORMED, VOLUNTARY VACCINATIONS.
S 4. This act shall take effect immediately; provided however that
section three of this act shall take effect on the same date and in the
same manner as section 1 of chapter 36 of the laws of 2010, takes
effect, when upon such date the provisions of section two of this act
shall be deemed repealed.