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.