Assembly Bill A2360

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

                                 2360--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 18, 2011
                               ___________

Introduced  by M. of A. GIBSON, N. RIVERA -- Multi-Sponsored by -- M. of
  A. AUBRY, BOYLAND, TITONE -- read once and referred to  the  Committee
  on Health -- recommitted to the Committee on Health in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public health law, in relation to encouraging immun-
  ization against human papillomavirus (HPV)

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

  Section 1. The section heading and subdivisions 2, 5 and 6 of  section
2164  of the public health law, as amended by chapter 189 of the laws of
2006, subdivision 2 as separately amended by chapter 506 of the laws  of
2006, are amended to read as follows:
  Definitions;   immunization  against  poliomyelitis,  mumps,  measles,
diphtheria, rubella, varicella, HUMAN PAPILLOMAVIRUS (HPV),  Haemophilus
influenzae  type  b (Hib), pertussis, tetanus, pneumococcal disease, and
hepatitis B.
  2. 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,  and  hepatitis  B,  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. EVERY PERSON IN
PARENTAL RELATION TO A CHILD IN THIS STATE SHALL BE ENCOURAGED,  THROUGH
THE PROVISION OF WRITTEN EDUCATIONAL MATERIALS AND CONSULTATION, TO HAVE
ADMINISTERED  TO  SUCH  CHILD AN ADEQUATE DOSE OR DOSES OF AN IMMUNIZING
AGENT AGAINST HUMAN  PAPILLOMAVIRUS  (HPV)  WHICH  MEETS  THE  STANDARDS
APPROVED  BY THE UNITED STATES PUBLIC HEALTH SERVICE FOR SUCH BIOLOGICAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02206-03-1

              

A. 2360--A                          2

PRODUCTS, AND WHICH IS APPROVED BY THE DEPARTMENT UNDER SUCH  CONDITIONS
AS MAY BE SPECIFIED BY THE PUBLIC HEALTH COUNCIL.
  b.  Every person in parental relation to a child in this state born on
or after January first, nineteen hundred ninety-four and entering  sixth
grade  or a comparable age level special education program with an unas-
signed grade on or after September first, two thousand seven, shall have
administered to such child a booster immunization containing  diphtheria
and tetanus toxoids, and an acellular pertussis vaccine, 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. EVERY
PERSON IN PARENTAL RELATION TO A CHILD IN THIS STATE BORN  ON  OR  AFTER
JANUARY  FIRST, NINETEEN HUNDRED NINETY-FOUR AND ENTERING SIXTH GRADE OR
A COMPARABLE AGE LEVEL SPECIAL  EDUCATION  PROGRAM  WITH  AN  UNASSIGNED
GRADE ON OR AFTER SEPTEMBER FIRST, TWO THOUSAND TWELVE, SHALL BE ENCOUR-
AGED, THROUGH THE PROVISION OF WRITTEN EDUCATIONAL MATERIALS AND CONSUL-
TATION, TO HAVE ADMINISTERED TO SUCH CHILD A BOOSTER IMMUNIZATION, WHERE
APPLICABLE, AGAINST HUMAN PAPILLOMAVIRUS (HPV) 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.
  5.  The  health  practitioner  who  administers  such immunizing agent
against poliomyelitis, mumps, measles, diphtheria, Haemophilus  influen-
zae  type  b  (Hib),  rubella,  varicella,  HUMAN  PAPILLOMAVIRUS (HPV),
pertussis, tetanus, pneumococcal 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) and
pneumococcal disease, the principal, teacher, owner or person in  charge
of  the  school shall inform such person of the necessity to have, OR IN
THE CASE OF HUMAN  PAPILLOMAVIRUS  (HPV)  THE  EFFICACY  OF  VOLUNTARILY
HAVING,  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 1  of  section  613  of  the  public
health  law, as amended by chapter 36 of the laws of 2010, is amended to
read as follows:
  (a) The commissioner shall develop and supervise the  execution  of  a
program of immunization, surveillance and testing, to raise to the high-
est  reasonable  level the immunity of the children of the state against

A. 2360--A                          3

communicable diseases including, but not limited to, influenza,  poliom-
yelitis,  measles,  mumps, rubella, haemophilus influenzae type b (Hib),
diphtheria, pertussis, tetanus,  varicella,  hepatitis  B,  pneumococcal
disease,  and the immunity of adults of the state against diseases iden-
tified by the commissioner, including  but  not  limited  to  influenza,
smallpox,  and  hepatitis.  The commissioner shall encourage the munici-
palities in the state to develop and shall assist them in  the  develop-
ment  and  the  execution  of local programs of inoculation to raise the
immunity of the children and adults of each municipality to the  highest
reasonable  level.  Such  programs  shall  include provision of vaccine,
surveillance of vaccine effectiveness  by  means  of  laboratory  tests,
serological  testing  of  individuals  and educational efforts to inform
health care providers and target populations or their parents,  if  they
are  minors,  of the facts relative to these diseases and inoculation to
prevent their occurrence. EDUCATIONAL EFFORTS SHALL INCLUDE, BUT NOT  BE
LIMITED  TO,  INFORMATION ABOUT THE EFFICACY OF IMMUNIZING AGAINST HUMAN
PAPILLOMAVIRUS (HPV) TO ENCOURAGE INFORMED, VOLUNTARY VACCINATIONS.
  S 3. This act shall take effect immediately.