NY State Senate Bill 2009-S1983

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 14, 2010	print number 1983a
May 14, 2010	amend and recommit to health
Jan 06, 2010	referred to health
Feb 10, 2009	referred to health

Bill Amendments

Original

A (Active)

2009-S1983 - Details

See Assembly Version of this Bill:: A3203
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§2164 & 613, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S98, A2360
2013-2014: S789, A766
2015-2016: S117
2017-2018: S4936

2009-S1983 - Summary

Encourages voluntary, informed vaccination against human papillomavirus (HPV) for school-aged children and their parents or guardians.

2009-S1983 - Sponsor Memo

2009-S1983 - Bill Text download pdf

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

                                  1983

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 10, 2009
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Health

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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05574-01-9

S. 1983                             2

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 NINE, 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:
  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

S. 1983                             3

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. This act shall take effect immediately.

2009-S1983A (ACTIVE) - Details

See Assembly Version of this Bill:: A3203
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§2164 & 613, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S98, A2360
2013-2014: S789, A766
2015-2016: S117
2017-2018: S4936

2009-S1983A (ACTIVE) - Summary

Encourages voluntary, informed vaccination against human papillomavirus (HPV) for school-aged children and their parents or guardians.

2009-S1983A (ACTIVE) - Sponsor Memo

2009-S1983A (ACTIVE) - Bill Text download pdf

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

                                 1983--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 10, 2009
                               ___________

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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05574-02-0

S. 1983--A                          2

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:
  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

S. 1983--A                          3

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
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.

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Senate Bill S1983

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

Bill Amendments

2009-S1983 - Details

2009-S1983 - Summary

2009-S1983 - Sponsor Memo

2009-S1983 - Bill Text download pdf

2009-S1983A (ACTIVE) - Details

2009-S1983A (ACTIVE) - Summary

2009-S1983A (ACTIVE) - Sponsor Memo

2009-S1983A (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

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Senate Bill S1983

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Sponsored By

Ruben Diaz

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

Bill Amendments

2009-S1983 - Details

2009-S1983 - Summary

2009-S1983 - Sponsor Memo

2009-S1983 - Bill Text download pdf

2009-S1983A (ACTIVE) - Details

2009-S1983A (ACTIVE) - Summary

2009-S1983A (ACTIVE) - Sponsor Memo

2009-S1983A (ACTIVE) - Bill Text download pdf

Comments