S T A T E O F N E W Y O R K
________________________________________________________________________
1269
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. SCHIMEL -- Multi-Sponsored by -- M. of A. COOK,
CROUCH, GIGLIO, GLICK, GOTTFRIED, GUNTHER, HOOPER, HOYT, JACOBS,
JAFFEE, McDONOUGH, PAULIN, PHEFFER -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to administration of
the hepatitis B immunization to minors
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
2504-a to read as follows:
S 2504-A. HEPATITIS B IMMUNIZATION OF A MINOR. 1. A HEALTH CARE PRAC-
TITIONER MAY ADMINISTER IMMUNIZATION AGAINST HEPATITIS B TO A PERSON
UNDER THE AGE OF EIGHTEEN YEARS WITHOUT THE CONSENT OR KNOWLEDGE OF THE
PARENTS OR GUARDIAN OF SUCH PERSON, IF SUCH PERSON HAS CAPACITY TO
CONSENT AND CONSENTS TO THE IMMUNIZATION.
2. FOR THE PURPOSES OF THIS SECTION:
(A) THE TERM "HEALTH CARE PRACTITIONER" SHALL MEAN A PERSON LICENSED,
CERTIFIED OR OTHERWISE AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF THE
EDUCATION LAW, ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE; AND
(B) THE TERM "CAPACITY TO CONSENT" SHALL MEAN AN INDIVIDUAL'S ABILITY,
DETERMINED WITHOUT REGARD TO THE INDIVIDUAL'S AGE, TO UNDERSTAND AND
APPRECIATE THE NATURE AND CONSEQUENCES OF THE PROPOSED IMMUNIZATION, AND
TO MAKE AN INFORMED DECISION CONCERNING THE IMMUNIZATION.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01525-01-1