Assembly Bill A7766

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

                                  7766

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 23, 2009
                               ___________

Introduced by M. of A. FIELDS -- read once and referred to the Committee
  on Health

AN  ACT to amend the public health law, in relation to providing written
  information on required immunizations

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

  Section  1.  The  public health law is amended by adding a new section
2113 to read as follows:
  S 2113. IMMUNIZATIONS; WRITTEN INFORMATION.  1. THIS  SECTION  APPLIES
TO  ANY  WRITTEN INFORMATION ABOUT IMMUNIZATION REQUIREMENTS FOR ENROLL-
MENT IN A SCHOOL OR CHILD CARE FACILITY THAT:
  (A) IS PROVIDED TO A PERSON TO BE IMMUNIZED OR ENROLLING  OR  ENROLLED
IN A SCHOOL OR CHILD CARE FACILITY, OR TO THE PERSON'S PARENT OR GUARDI-
AN IF THE PERSON IS UNDER EIGHTEEN YEARS OF AGE AND NOT EMANCIPATED; AND
  (B)  IS  PROVIDED  BY THE DEPARTMENT; THE DEPARTMENT OF EDUCATION; THE
OFFICE OF CHILDREN AND FAMILY SERVICES; AN IMMUNIZATION PROVIDER;  OR  A
SCHOOL  OR  CHILD  CARE FACILITY. SUCH WRITTEN INFORMATION MUST DESCRIBE
THE EXEMPTIONS FROM IMMUNIZATIONS PERMITTED  UNDER  SUBDIVISIONS  EIGHT,
EIGHT-A, AND NINE OF SECTION TWENTY-ONE HUNDRED SIXTY-FIVE OF THIS ARTI-
CLE. THE INFORMATION ON EXEMPTIONS FROM IMMUNIZATIONS PROVIDED ACCORDING
TO THIS PARAGRAPH MUST BE IN A FONT SIZE AT LEAST EQUAL TO THE FONT SIZE
OF  THE IMMUNIZATION REQUIREMENTS, IN THE SAME FONT STYLE AS THE IMMUNI-
ZATION REQUIREMENTS, AND ON THE SAME PAGE OF THE WRITTEN DOCUMENT AS THE
IMMUNIZATION REQUIREMENTS.
  2. BEFORE IMMUNIZING A PERSON, AN IMMUNIZATION PROVIDER  MUST  PROVIDE
THE  PERSON,  OR  THE PERSON'S PARENT OR GUARDIAN IF THE PERSON IS UNDER
EIGHTEEN YEARS OF AGE AND NOT EMANCIPATED, WITH THE  FOLLOWING  INFORMA-
TION IN WRITING:
  (A) A LIST OF THE IMMUNIZATIONS REQUIRED FOR ENROLLMENT IN A SCHOOL OR
CHILD CARE FACILITY;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10904-01-9

              

A. 7766                             2

  (B) A DESCRIPTION OF THE EXEMPTIONS FROM IMMUNIZATIONS PERMITTED UNDER
SUBDIVISIONS  EIGHT,  EIGHT-A,  AND  NINE  OF SECTION TWENTY-ONE HUNDRED
SIXTY-FIVE OF THIS ARTICLE;
  (C)  A  LIST  OF ADDITIONAL IMMUNIZATIONS CURRENTLY RECOMMENDED BY THE
COMMISSIONER; AND
  (D) IN ACCORDANCE WITH FEDERAL LAW, A COPY OF THE VACCINE  INFORMATION
SHEET  FROM  THE  FEDERAL  DEPARTMENT  OF HEALTH AND HUMAN SERVICES THAT
LISTS POSSIBLE ADVERSE REACTIONS TO THE IMMUNIZATION TO BE PROVIDED.
  3. THE COMMISSIONER SHALL CONTINUE THE EDUCATIONAL CAMPAIGN TO PROVID-
ERS AND HOSPITALS ON VACCINE  SAFETY  INCLUDING,  BUT  NOT  LIMITED  TO,
INFORMATION  ON THE STATEWIDE IMMUNIZATION REGISTRY, THE FEDERAL VACCINE
INFORMATION STATEMENTS (VIS), AND MEDICAL PRECAUTIONS AND  CONTRAINDICA-
TIONS TO IMMUNIZATIONS.
  4.  THE  COMMISSIONER SHALL ENCOURAGE PROVIDERS TO PROVIDE THE VACCINE
INFORMATION STATEMENTS AT MULTIPLE VISITS AND IN ANTICIPATION OF  SUBSE-
QUENT IMMUNIZATIONS.
  5.  THE COMMISSIONER SHALL ENCOURAGE PROVIDERS TO USE EXISTING SCREEN-
ING FOR IMMUNIZATION PRECAUTIONS AND CONTRAINDICATION MATERIALS, AND  TO
MAKE PROPER USE OF THE STATEWIDE IMMUNIZATION REGISTRY.
  6.  THE  COMMISSIONER  SHALL  CONTINUE  TO  DEVELOP AND MAKE AVAILABLE
PATIENT EDUCATION MATERIALS ON IMMUNIZATIONS INCLUDING, BUT NOT  LIMITED
TO, CONTRAINDICATIONS AND PRECAUTIONS REGARDING VACCINES.
  S 2. This act shall take effect immediately.