Senate Bill S7156

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

    S. 7156                                                 A. 10313

                      S E N A T E - A S S E M B L Y

                             March 17, 2010
                               ___________

IN  SENATE  --  Introduced  by Sens. DUANE, MONTGOMERY -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Health

IN  ASSEMBLY  --  Introduced  by M. of A. PEOPLES-STOKES, PAULIN -- read
  once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to requiring vaccina-
  tions against meningococcal disease for seventh graders  and  students
  entering  college; and repealing certain provisions of such law relat-
  ing thereto

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "communicable disease control and prevention act".
  S 2. Subdivision 2 of section 2164 of the public health law is amended
by adding a new paragraph c to read as follows:
  C. EVERY PERSON IN PARENTAL RELATION TO A CHILD IN THIS STATE BORN  ON
OR  AFTER  JANUARY  FIRST, NINETEEN HUNDRED NINETY-FIVE, AND ENTERING OR
HAVING ENTERED SEVENTH GRADE OR A COMPARABLE AGE LEVEL SPECIAL EDUCATION
PROGRAM WITH AN UNASSIGNED GRADE ON OR AFTER SEPTEMBER FIRST, TWO  THOU-
SAND  TEN,  SHALL  HAVE  ADMINISTERED  TO SUCH CHILD AN ADEQUATE DOSE OR
DOSES OF AN IMMUNIZING AGENT AGAINST MENINGOCOCCAL DISEASE, 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.
  S  3.  Subdivisions  3,  5, 6, paragraph (a) of subdivision 7, and 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, are amended
to read as follows:
  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.
              

                                                           LBD16240-02-0

S. 7156                             2                           A. 10313

pertussis,  tetanus,  pneumococcal  disease,  MENINGOCOCCAL DISEASE, 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, MENINGOCOCCAL 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), MENIN-
GOCOCCAL DISEASE, 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 immun-
ized  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 immunization, 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] APPLIES to such child.
  (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 B,  pertussis,  tetanus,  and,  where
applicable,  Haemophilus influenzae type b (Hib), MENINGOCOCCAL DISEASE,
and pneumococcal 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  certif-
ication or other evidence of immunization.
  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 B, pertussis,  tetanus,  and,  where  applicable,  Haemophilus
influenzae   type  b  (Hib),  MENINGOCOCCAL  DISEASE,  and  pneumococcal
disease, the principal, teacher, owner or person in charge of the school
shall:
  S 4. Paragraph d of subdivision 1 of section 2165 of the public health
law, as added by chapter 405 of the laws of 1989, is amended to read  as
follows:

S. 7156                             3                           A. 10313

  d.  The  term  "immunization"  means  an  adequate dose or doses of an
immunizing agent against measles, mumps [and], rubella, AND  MENINGOCOC-
CAL  DISEASE,  which  meets  the standards approved by the United States
public health  service  for  such  biological  products,  and  which  is
approved  by the state department of health under such conditions as may
be specified by the public health council.
  S 5. Section 2167 of the public health law is REPEALED.
  S 6. This act shall take effect August 1, 2011.