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

                                  6008

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2009
                               ___________

Introduced  by  M.  of A. ESPAILLAT, COOK, GREENE, PHEFFER, J. RIVERA --
  Multi-Sponsored by  --  M.  of  A.  ALFANO,  BARRA,  DIAZ,  EDDINGTON,
  V. LOPEZ,  ORTIZ, PEOPLES, SWEENEY, TOWNS -- read once and referred to
  the Committee on Health

AN ACT to amend the public health law, in relation to requiring  immuni-
  zation of certain children against hepatitis A

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

  Section 1. The section heading,  paragraph  a  of  subdivision  2  and
subdivisions  3,  5  and 6 of section 2164 of the public health law, the
section heading, subdivisions 3, 5 and 6 as amended by  chapter  189  of
the  laws of 2006 and paragraph a of subdivision 2 as separately amended
by chapters 189 and 506 of the laws of 2006,  are  amended  to  read  as
follows:
  Definitions;   immunization  against  poliomyelitis,  mumps,  measles,
diphtheria, rubella, varicella, Haemophilus  influenzae  type  b  (Hib),
pertussis, tetanus, pneumococcal disease, HEPATITIS A and hepatitis B.
  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, HEPATITIS A and hepatitis B, which meets the stan-
dards 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.
  3. The person in parental relation to  any  such  child  who  has  not
previously  received  such  immunization  shall  present  the child to a
health practitioner and request such health practitioner  to  administer
the   necessary  immunization  against  poliomyelitis,  mumps,  measles,
diphtheria, Haemophilus influenzae type  b  (Hib),  rubella,  varicella,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09096-01-9

              

A. 6008                             2

pertussis, tetanus, pneumococcal disease, HEPATITIS A and hepatitis B as
provided in subdivision two of this section.
  5.  The  health  practitioner  who  administers  such immunizing agent
against poliomyelitis, mumps, measles, diphtheria, Haemophilus  influen-
zae  type  b (Hib), rubella, varicella, pertussis, tetanus, pneumococcal
disease, HEPATITIS A 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  A,  hepatitis  B,
pertussis, tetanus, 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  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 7 of  section  2164  of  the  public
health law, as amended by chapter 189 of the laws of 2006, is amended to
read as follows:
  (a) No principal, teacher, owner or person in charge of a school shall
permit  any  child  to  be  admitted  to  such school, or to attend such
school, in excess of fourteen days, without the certificate provided for
in subdivision five of this section or some other acceptable evidence of
the child's immunization against poliomyelitis, mumps, measles, diphthe-
ria, rubella, varicella, HEPATITIS A, hepatitis B,  pertussis,  tetanus,
and,  where  applicable, Haemophilus influenzae type b (Hib) and pneumo-
coccal disease; provided, however,  such  fourteen  day  period  may  be
extended  to  not more than thirty days for an individual student by the
appropriate principal, teacher, owner or other person  in  charge  where
such  student  is transferring from out-of-state or from another country
and can show a good faith effort to get the necessary  certification  or
other evidence of immunization.
  S  3.  The opening paragraph of subdivision 8-a of section 2164 of the
public health law, as amended by chapter 189 of the  laws  of  2006,  is
amended to read as follows:
  Whenever  a  child has been refused admission to, or continued attend-
ance at, a school as provided for in subdivision seven of  this  section
because  there exists no certificate provided for in subdivision five of
this section or other acceptable evidence of  the  child's  immunization
against  poliomyelitis,  mumps, measles, diphtheria, rubella, varicella,
HEPATITIS A, hepatitis B, pertussis,  tetanus,  and,  where  applicable,

A. 6008                             3

Haemophilus  influenzae type b (Hib) and pneumococcal disease, the prin-
cipal, teacher, owner or person in charge of the school shall:
  S  4.  This  act shall take effect immediately and shall only apply to
children born on or after:
  a. January 1, 2008, beginning with their  enrollment  in  any  public,
private or parochial kindergarten, elementary, intermediate or secondary
school; and
  b.  January 1, 2010, beginning with their enrollment in any school, as
defined in paragraph a of subdivision 1 of section 2164  of  the  public
health law.