senate Bill S5069B

2011-2012 Legislative Session

Directs schools to provide information on meningococcal disease immunization to students and parents of students in seventh grade

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Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 30, 2012 print number 5069d
amend and recommit to finance
May 22, 2012 print number 5069c
amend and recommit to finance
May 22, 2012 reported and committed to finance
Jan 04, 2012 referred to health
Jun 24, 2011 committed to rules
Jun 14, 2011 advanced to third reading
Jun 13, 2011 2nd report cal.
Jun 07, 2011 1st report cal.1108
Jun 02, 2011 print number 5069b
amend and recommit to finance
May 24, 2011 reported and committed to finance
May 17, 2011 print number 5069a
amend and recommit to health
May 03, 2011 referred to health

Votes

view votes

May 22, 2012 - Health committee Vote

S5069B
15
0
committee
15
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Health committee vote details

Health Committee Vote: May 22, 2012

aye wr (1)
excused (1)

Jun 7, 2011 - Finance committee Vote

S5069B
32
0
committee
32
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Finance committee vote details

May 24, 2011 - Health committee Vote

S5069A
16
0
committee
16
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A
B
C
D (Active)
Original
A
B
C
D (Active)

S5069 - Bill Details

See Assembly Version of this Bill:
A8231
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §2167, Pub Health L

S5069 - Bill Texts

view summary

Directs schools to provide information on meningococcal disease immunization to students and parents of students in seventh grade, and requires such schools to maintain record of responses as to whether such students have received such immunization.

view sponsor memo
BILL NUMBER:S5069

TITLE OF BILL:
An act
to amend the public health law, in relation to raising the level of
immunity of children against meningococcal disease

PURPOSE: To ensure that parents of children in
certain child care
settings, public schools or non-public schools, receive information
outlining the benefits of immunization against meningococcal disease

SUMMARY OF PROVISIONS: Section 1 of the bill provides
that the
Commissioner shall administer a program of meningococcal disease
education and outreach to parents and guardians of children ages ten
years to eighteen years of age who attend certain childcare programs,
public schools or non-public schools. The Department of Health shall
make educational materials regarding meningococcal disease and the
benefits of meningitis immunizations available on the department's
website. The Department of Education, and the New York City
Department of Health and Mental Hygiene shall notify such childcare
programs, public schools or non-public schools that information is
available on DOH's website and that the information should be posted
in plain view in anticipation of times of highest risk for
contraction of meningitis as determined by the commissioner of health.

Section 2 of the bill provides the effective date.

JUSTIFICATION:
This bill strengthens prevention measures to protect
children's health and well-being by educating the children and their
parents of the importance of receiving the meningococcal vaccination
when entering the seventh grade. Meningococcal meningitis is a
serious disease which can lead to death within only a few hours.
Survivors may be left with a severe disability such as loss of limb,
cognitive deficits, paralysis, deafness, or seizures. Meningococcal
outbreaks can cause severe disruption of classes, campus life and
alarm among students and faculty. The FDA has recently commented that
"[m]eningococcal disease is a life-threatening illness caused by
bacteria that infect the bloodstream (sepsis) and the lining that
surrounds the brain and spinal cord (meningitis)... Even with
appropriate antibiotics and intensive care, between 10 percent and 15
percent of people who develop meningococcal disease die from the
infection. Another 10 percent to 20 percent suffer complications such
as brain damage or loss of limb or hearing." This bill requires that
educational materials regarding the meningococcal vaccine be made
available and, if the adolescent subsequently receives the vaccine,
the number of outbreaks should be substantially
reduced.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: This bill will have no fiscal
impact.


EFFECTIVE DATE:
This act shall take effect August 1, 2011.

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

                                  5069

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to raising the  level
  of immunity of children against meningococcal disease

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

  Section 1. 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:
  1. (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
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, MENINGOCOCCAL DISEASE, and the immunity of adults of the  state
against  diseases  identified  by  the  commissioner,  including but not
limited to influenza, smallpox, and hepatitis.  The  commissioner  shall
encourage  the  municipalities  in the state to develop and shall assist
them in the development and the execution of local  programs  of  inocu-
lation  to raise the immunity of the children and adults of each munici-
pality 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.
  (b) In connection with efforts  to  raise  the  immunity  of  children
against influenza, the commissioner shall administer a program of influ-
enza  education  to the families of children ages six months to eighteen
years of age who attend licensed and registered day care programs, nurs-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11275-02-1

S. 5069                             2

ery schools,  pre-kindergarten,  kindergarten,  school  age  child  care
programs,  public  schools  or  non-public  schools.  Such program shall
include educational materials on influenza and the benefits of influenza
immunizations to be made available on the department's website in antic-
ipation  of times of highest risk for contraction of influenza as deter-
mined by the commissioner. The office of children and  family  services,
the  department of education, and the New York city department of health
and mental hygiene shall, as part of their  routine  notification  proc-
esses,  notify  licensed  and  registered  day  care  programs,  nursery
schools, pre-kindergarten programs, kindergarten  programs,  school  age
child  care  programs,  public  schools  and non-public schools that the
information regarding immunizations for influenza is free and accessible
on the department's website and such information shall be posted in such
licensed and registered day care programs, nursery schools,  pre-kinder-
gartens,  kindergartens,  school age child care programs, public schools
and non-public schools in plain view in anticipation of  such  times  of
highest  risk  for contraction of influenza as determined by the commis-
sioner.
  (c) IN CONNECTION WITH EFFORTS  TO  RAISE  THE  IMMUNITY  OF  CHILDREN
AGAINST  MENINGOCOCCAL  DISEASE  THE  COMMISSIONER  SHALL  ADMINISTER  A
PROGRAM OF MENINGOCOCCAL EDUCATION TO THE FAMILIES  OF  CHILDREN  ELEVEN
YEARS  TO  EIGHTEEN  YEARS  OF  AGE  WHO  ATTEND  SCHOOL  AGE CHILD CARE
PROGRAMS, PUBLIC SCHOOLS  OR  NON-PUBLIC  SCHOOLS.  SUCH  PROGRAM  SHALL
INCLUDE  EDUCATIONAL  MATERIALS REGARDING THE MENINGOCOCCAL DISEASE, THE
BENEFITS OF MENINGOCOCCAL  DISEASE  IMMUNIZATIONS,  APPROPRIATE  AGE  TO
RECEIVE  THE  VACCINE,  PURSUANT  TO THE CENTERS FOR DISEASE CONTROL AND
PREVENTION'S ADVISORY COMMITTEE ON  IMMUNIZATION  PRACTICES,  AND  SHALL
INCLUDE  INFORMATION  ON  HOW  ADOLESCENTS MAY ACCESS THE VACCINE.  SUCH
MATERIALS SHALL BE MADE  AVAILABLE  ON  THE  DEPARTMENT'S  WEBSITE.  THE
EDUCATION  DEPARTMENT  AND  THE  NEW  YORK CITY DEPARTMENT OF HEALTH AND
MENTAL HYGIENE SHALL, AS PART OF THEIR ROUTINE  NOTIFICATION  PROCESSES,
NOTIFY  SCHOOL  AGE  CHILD  CARE PROGRAMS, PUBLIC SCHOOLS AND NON-PUBLIC
SCHOOLS THAT THE INFORMATION REGARDING IMMUNIZATIONS  FOR  MENINGOCOCCAL
DISEASE  IS  FREE  AND  ACCESSIBLE  ON THE DEPARTMENT'S WEBSITE AND SUCH
INFORMATION SHALL BE POSTED IN SUCH  SCHOOL  AGE  CHILD  CARE  PROGRAMS,
PUBLIC SCHOOLS AND NON-PUBLIC SCHOOLS IN PLAIN VIEW.
  (D)  The commissioner shall invite and encourage the active assistance
and cooperation in such education activities of: the medical  societies,
organizations  of  other  licensed  health  personnel, hospitals, corpo-
rations subject to article  forty-three  of  the  insurance  law,  trade
unions, trade associations, parents and teachers and their associations,
organizations of child care resource and referral agencies, the media of
mass communication, and such other voluntary groups and organizations of
citizens as he or she shall deem appropriate. The public health council,
the  department  of  education, the department of family assistance, and
the department of mental hygiene shall  provide  the  commissioner  with
such  assistance in carrying out the program as he or she shall request.
All other state agencies  shall  also  render  such  assistance  as  the
commissioner  may  reasonably  require for this program. Nothing in this
subdivision shall authorize mandatory immunization of  adults  or  chil-
dren,  except  as provided in sections twenty-one hundred sixty-four and
twenty-one hundred sixty-five of this chapter.
  S 2. This act shall take effect August 1, 2011.

S5069A - Bill Details

See Assembly Version of this Bill:
A8231
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §2167, Pub Health L

S5069A - Bill Texts

view summary

Directs schools to provide information on meningococcal disease immunization to students and parents of students in seventh grade, and requires such schools to maintain record of responses as to whether such students have received such immunization.

view sponsor memo
BILL NUMBER:S5069A

TITLE OF BILL:
An act
to amend the public health law, in relation to raising the level of
immunity of children against meningococcal disease

PURPOSE OR GENERAL IDEA OF BILL:
Current law requires boarding
schools, private and public colleges, and certain summer overnight
camps to provide information to students about immunization against
meningococcal meningitis, and require students to notify the
institution whether they have decided to receive the vaccination.
This legislation would clarify that the same educational materials
and opportunity to opt-in or opt-out of being vaccinated should apply
to all students entering seventh grade.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 613 of
the public health law making new provisions consistent with the
requirement in current law that boarding schools, colleges and
overnight summer camps, distribute written information about
meningococcal meningitis and meningitis immunization to all students
attending the institution. This legislation would require that the
same information be distributed to all students entering the seventh
grade.
The information that is currently provided, and would be required to
be disseminated to all seventh graders, includes: 1) a description of
the disease and means of transmission; 2) the benefits, risks, and
effectiveness of immunization; and 3) the availability and cost of
immunization. Additionally, current law requires that the student,
parent or guardian, indicate whether the student has received the
meningitis vaccination or whether the student has chosen not to
receive the immunization. This legislation would clarify that all
seventh graders would be required to provide same information to the
school. Notably, each school must maintain a record of the students'
responses, but is not be required to maintain the actual response form.

The bill prohibits the seventh grader to attend a school in excess of
thirty days if the student fails to return the form stating whether or
not the child has chosen to receive the vaccine, provided, however,
that such thirty day period may be extended to not more than sixty
days if a student can show a good faith effort to comply. This bill
would not prohibit schools from adopting or maintaining more
stringent policies regarding immunization against meningococcal
meningitis.

Section 2 of the bill provides an effective date of July 1, 2012.

JUSTIFICATION:

Meningococcal meningitis is an air-borne disease,
transmitted through droplets of respiratory secretions and from
direct contact with persons infected with the disease.
This serious disease can lead to death within only a few hours.
Survivors may be left with a severe disability such as loss of limb,
cognitive deficits, paralysis, deafness, or seizures. Notably,
meningitis can be hard to detect because of its flu-like symptoms --
severe headache, high fever,
nausea, vomiting and drowsiness. Some of the distinct symptoms of
meningitis are a stiff neck or back, confusion or agitation and
rashes. These symptoms, however, do not necessarily occur and the
disease can get worse very quickly, sometimes in the matter of hours,
if not treated with antibiotics. Meningococcal outbreaks can cause
severe disruption of classes, school life, and alarm among students
and faculty.

The CDC has determined that in adolescents, those ages 16 through 21
years have the highest rates of meningococcal disease. As a result,
the CDC recommends, that in order to reduce the risk of adolescents
becoming infected, a younger cohort of adolescents (typically seventh
graders) should be vaccinated with meningococcal conjugate vaccine.
This vaccine is proven to be successful at preventing the
meningococcal disease.

This bill simply requires that educational materials regarding the
meningococcal vaccine be made available to seventh graders, and that
the student or parent then inform the school whether the student has
opted to received the meningitis vaccination. A basic record is
important to be maintained in the event that there is a confirm case
of meningococcal disease, individuals who have not been vaccinated
may be notified of the confirmed case as soon as possible. Due to
the devastation that the disease could cause, this legislation is an
important public health policy that would improve education regarding
this disease, but still provide parents and students with the
opportunity to make a determination of whether to obtain the vaccine.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
This bill will have no fiscal impact. Notably,
the Department of Health has already created the template form and
educational materials to meet the requirement of the 2003 statute.
If enacted, this bill would only require minor modifications to those
documents.

EFFECTIVE DATE:
This act shall take effect July 1, 2012.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5069--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the public health law, in relation to raising the level
  of immunity of children against meningococcal disease

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

  Section  1.  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:
  1. (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
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,  MENINGOCOCCAL DISEASE, and the immunity of adults of the state
against diseases identified  by  the  commissioner,  including  but  not
limited  to  influenza,  smallpox, and hepatitis. The commissioner shall
encourage the municipalities in the state to develop  and  shall  assist
them  in  the  development and the execution of local programs of inocu-
lation to raise the immunity of the children and adults of each  munici-
pality  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.
  (b)  In  connection  with  efforts  to  raise the immunity of children
against influenza, the commissioner shall administer a program of influ-
enza education to the families of children ages six months  to  eighteen
years of age who attend licensed and registered day care programs, nurs-
ery  schools,  pre-kindergarten,  kindergarten,  school  age  child care

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11275-05-1

S. 5069--A                          2

programs, public schools  or  non-public  schools.  Such  program  shall
include educational materials on influenza and the benefits of influenza
immunizations to be made available on the department's website in antic-
ipation  of times of highest risk for contraction of influenza as deter-
mined by the commissioner. The office of children and  family  services,
the  department of education, and the New York city department of health
and mental hygiene shall, as part of their  routine  notification  proc-
esses,  notify  licensed  and  registered  day  care  programs,  nursery
schools, pre-kindergarten programs, kindergarten  programs,  school  age
child  care  programs,  public  schools  and non-public schools that the
information regarding immunizations for influenza is free and accessible
on the department's website and such information shall be posted in such
licensed and registered day care programs, nursery schools,  pre-kinder-
gartens,  kindergartens,  school age child care programs, public schools
and non-public schools in plain view in anticipation of  such  times  of
highest  risk  for contraction of influenza as determined by the commis-
sioner.
  (c) IN CONNECTION WITH EFFORTS  TO  RAISE  THE  IMMUNITY  OF  CHILDREN
AGAINST  MENINGOCOCCAL  DISEASE  THE  COMMISSIONER  SHALL  ADMINISTER  A
PROGRAM OF MENINGOCOCCAL EDUCATION TO THE FAMILIES  OF  CHILDREN  ELEVEN
YEARS  TO  EIGHTEEN  YEARS  OF  AGE  WHO  ATTEND  SCHOOL  AGE CHILD CARE
PROGRAMS, PUBLIC SCHOOLS  OR  NON-PUBLIC  SCHOOLS.  SUCH  PROGRAM  SHALL
INCLUDE  EDUCATIONAL  MATERIALS REGARDING THE MENINGOCOCCAL DISEASE, THE
BENEFITS OF MENINGOCOCCAL  DISEASE  IMMUNIZATIONS,  APPROPRIATE  AGE  TO
RECEIVE  THE  VACCINE,  PURSUANT  TO THE CENTERS FOR DISEASE CONTROL AND
PREVENTION'S ADVISORY COMMITTEE ON  IMMUNIZATION  PRACTICES,  AND  SHALL
INCLUDE  INFORMATION  ON  HOW  ADOLESCENTS MAY ACCESS THE VACCINE.  SUCH
MATERIALS SHALL BE MADE  AVAILABLE  ON  THE  DEPARTMENT'S  WEBSITE.  THE
EDUCATION  DEPARTMENT  AND  THE  NEW  YORK CITY DEPARTMENT OF HEALTH AND
MENTAL HYGIENE SHALL, AS PART OF THEIR ROUTINE  NOTIFICATION  PROCESSES,
NOTIFY  SCHOOL  AGE  CHILD  CARE PROGRAMS, PUBLIC SCHOOLS AND NON-PUBLIC
SCHOOLS THAT THE INFORMATION REGARDING IMMUNIZATIONS  FOR  MENINGOCOCCAL
DISEASE  IS  FREE  AND  ACCESSIBLE  ON THE DEPARTMENT'S WEBSITE AND SUCH
INFORMATION SHALL BE POSTED IN SUCH  SCHOOL  AGE  CHILD  CARE  PROGRAMS,
PUBLIC SCHOOLS AND NON-PUBLIC SCHOOLS IN PLAIN VIEW.
  (D)  The commissioner shall invite and encourage the active assistance
and cooperation in such education activities of: the medical  societies,
organizations  of  other  licensed  health  personnel, hospitals, corpo-
rations subject to article  forty-three  of  the  insurance  law,  trade
unions, trade associations, parents and teachers and their associations,
organizations of child care resource and referral agencies, the media of
mass communication, and such other voluntary groups and organizations of
citizens as he or she shall deem appropriate. The public health council,
the  department  of  education, the department of family assistance, and
the department of mental hygiene shall  provide  the  commissioner  with
such  assistance in carrying out the program as he or she shall request.
All other state agencies  shall  also  render  such  assistance  as  the
commissioner  may  reasonably  require for this program. Nothing in this
subdivision shall authorize mandatory immunization of  adults  or  chil-
dren,  except  as provided in sections twenty-one hundred sixty-four and
twenty-one hundred sixty-five of this chapter.
  S 2. This act shall take effect July 1, 2012; provided,  that,  effec-
tive  immediately,  any actions necessary to implement the provisions of
this act on its  effective  date  are  authorized  and  directed  to  be
completed on or before such date.

Co-Sponsors

S5069B - Bill Details

See Assembly Version of this Bill:
A8231
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §2167, Pub Health L

S5069B - Bill Texts

view summary

Directs schools to provide information on meningococcal disease immunization to students and parents of students in seventh grade, and requires such schools to maintain record of responses as to whether such students have received such immunization.

view sponsor memo
BILL NUMBER:S5069B

TITLE OF BILL:
An act
to amend the public health law, in relation to raising the level of
immunity of children against meningococcal disease

PURPOSE OR GENERAL IDEA OF BILL:
Current law requires boarding
schools, private and public colleges, and certain summer overnight
camps to provide information to students about immunization against
meningococcal meningitis, and require students to notify the
institution whether they have decided to receive the vaccination.
This legislation would clarify that the same educational materials
and opportunity to opt-in or opt-out of being vaccinated should apply
to all students entering seventh grade.

SUMMARY OF PROVISIONS:
Consistent with the requirement in
current law that boarding schools, colleges and overnight summer
camps, distribute written information about meningococcal meningitis
and meningitis immunization to all students attending the
institution, this legislation would require that the same
information be distributed to all students entering the seventh
grade. The information that is currently provided, and would be
required to be disseminated to all seventh graders, includes: 1) a
description of the disease and means of transmission; 2) the
benefits, risks,,and effectiveness of immunization; and 3) the
availability and cost of immunization. Additionally, current law
requires that the student, parent or guardian, indicate whether the
student has received the meningitis vaccination or whether the
student has chosen not to receive the immunization. This legislation
would clarify that all seventh graders would be required to provide
same information to the school. Notably, each school must maintain a
record of the students' responses, but is not required to maintain
the actual response forth.

The bill prohibits the seventh grader to attend a school in excess
of thirty days if the student fails to return the form stating whether
or not the child has chosen to receive the vaccine, provided,
however, that such thirty day period may be extended to not more than
sixty days if a student can show a good faith effort to comply.

This bill would not prohibit schools from adopting or maintaining more
stringent policies regarding immunization against meningococcal
meningitis.

JUSTIFICATION:
Meningococcal meningitis is an air-borne disease,
transmitted through droplets of respiratory secretions and from
direct contact with persons infected with the disease.

This serious disease can lead to death within only a few hours.
Survivors may be left with a severe disability such as loss of limb,
cognitive deficits, paralysis, deafness, or seizures. Notably,
meningitis can be hard to detect because of its flu-like symptoms --
severe headache, high fever, nausea, vomiting and drowsiness. Some of
the distinct symptoms of meningitis are a stiff neck or back,
confusion or agitation and rashes. These symptoms, however, do not
necessarily occur and
the disease can get worse very quickly, sometimes in the matter of
hours, if not treated with antibiotics. Meningococcal outbreaks can
cause severe disruption of classes, school life, and alarm among
students and faculty.

The CDC has determined that in adolescents, those ages 16 through 21
years have the highest rates of meningococcal disease. As a result,
the CDC recommends, that in order to reduce the risk of adolescents
becoming infected, a younger cohort of adolescents (typically seventh
graders) should be vaccinated with meningococcal conjugate vaccine.
This vaccine is proven to be successful at preventing the
meningococcal disease.

This bill simply requires that educational materials regarding the
meningococcal vaccine be made available to seventh graders, and that
the student or parent then inform the school whether the student has
opted to received the meningitis vaccination. A basic record is
important to be maintained in the event that there is a confirm case
of meningococcal disease, individuals who have not been vaccinated
may be notified of the confirmed case as soon as possible. Due to the
devastation that the disease could cause, this legislation is an
important public health policy that would improve education regarding
this disease, but still provide parents and students with the
opportunity to make a determination of whether to obtain the vaccine.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
This bill will have no fiscal impact.
Notably, the Department of Health has already created the template
form and educational materials to meet the requirement of the 2003
statute. If enacted, this bill would only require minor modifications
to those documents.

EFFECTIVE DATE:
This act shall take effect July 1, 2012.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5069--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  reported  favorably  from  said committee and
  committed to the Committee on Finance --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the public health law, in relation to raising the  level
  of immunity of children against meningococcal disease

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

  Section 1.  Section 2167 of the public health law, as added by chapter
165 of the laws of 2003, is amended to read as follows:
  S 2167. Immunization against meningococcal meningitis. 1. As  used  in
this section, unless the context requires otherwise:
  a.  The term "student" means [a] ANY person WHO IS IN SEVENTH GRADE OR
A COMPARABLE AGE LEVEL SPECIAL  EDUCATION  PROGRAM  WITH  AN  UNASSIGNED
GRADE  AT  A  SCHOOL,  OR attending an institution and, in the case of a
student attending college, "student" means a person who is registered to
attend or who attends classes at an institution, who is enrolled for  at
least  six  semester  hours  or the equivalent per semester, or at least
four semester hours per quarter.
  b. The term "institution" means an academy or college, as  defined  in
section  two  of  the  education  law, or a children's overnight camp as
defined in section one thousand three hundred ninety-two of  this  chap-
ter, where the person attending such camp remains overnight for a period
of not fewer than seven days.
  c.  The  term  "immunization"  means  an  adequate dose or doses of an
immunizing agent against meningococcal meningitis which meets the stand-
ards approved by the  United  States  public  health  service  for  such
biological  products  and which is approved by the department under such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11275-07-1

S. 5069--B                          2

conditions as may be specified by the public health AND HEALTH  PLANNING
council.
  D.   THE TERM "SCHOOL" MEANS ANY PUBLIC, PRIVATE OR PAROCHIAL INTERME-
DIATE OR SECONDARY SCHOOL.
  2. Each institution AND SCHOOL shall distribute, in a form provided or
approved by the commissioner, written  information  about  meningococcal
meningitis  and meningitis immunization to all students. The information
provided by the institution OR SCHOOL shall include, but not be  limited
to, the following:
  a. a description of the disease and means of transmission;
  b. the benefits, risks, and effectiveness of immunization;
  c.  the availability and cost of immunization, including an indication
of whether or not the institution OR SCHOOL offers meningococcal mening-
itis immunization services.
  3. Each institution AND  SCHOOL  shall  also  distribute,  in  a  form
provided  or  approved by the commissioner [of health], a response form,
to be completed by the student or, where the student is under the age of
eighteen years, such student's parent or guardian, which  shall  include
the following:
  a.  The  student,  or if under the age of eighteen years the parent or
guardian of the student, certifies that the student has already received
immunization against  meningococcal  meningitis  within  the  ten  years
preceding the date of the response form;
  b.  The  student,  or if under the age of eighteen years the parent or
guardian of such student, has  received  and  reviewed  the  information
provided by the institution OR SCHOOL, understands the risks of meningo-
coccal meningitis and the benefits of immunization, and has decided that
the student shall not obtain immunization against meningococcal meningi-
tis.
  The student, or if under the age of eighteen years the parent or guar-
dian  of  such  student,  shall indicate his or her decision in a box or
space placed appropriately on the form and shall  return  the  completed
form to the institution OR SCHOOL.  Nothing in this subdivision shall be
construed  to  prohibit  an institution OR SCHOOL from incorporating the
form required by this subdivision into  another  health  certificate  or
form required by the institution OR SCHOOL.
  4.  Each institution AND SCHOOL shall maintain [completed] A RECORD OF
THE response [forms].
  5. No institution OR SCHOOL shall permit any  student  to  attend  the
institution  OR  SCHOOL  in excess of thirty days without complying with
this section; provided, however, that such  thirty  day  period  may  be
extended  to not more than sixty days if a student can show a good faith
effort to comply with this section.
  6. Nothing in this section shall be construed to prohibit institutions
AND SCHOOLS from adopting or maintaining more stringent policies regard-
ing immunization against meningococcal meningitis.
  S 2. This act shall take effect July 1, 2012; provided,  that,  effec-
tive  immediately,  any actions necessary to implement the provisions of
this act on its  effective  date  are  authorized  and  directed  to  be
completed on or before such date.

Co-Sponsors

S5069C - Bill Details

See Assembly Version of this Bill:
A8231
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §2167, Pub Health L

S5069C - Bill Texts

view summary

Directs schools to provide information on meningococcal disease immunization to students and parents of students in seventh grade, and requires such schools to maintain record of responses as to whether such students have received such immunization.

view sponsor memo
BILL NUMBER:S5069C

TITLE OF BILL:
An act
to amend the public health law, in relation to raising the level of
immunity of children against meningococcal disease

PURPOSE:
Current law requires boarding schools, private and public colleges,
and certain summer overnight camps to provide information to students
about immunization against meningococcal menirtgitis, and require
students to notify the institution whether they have decided to
receive the vaccination. This legislation would clarify that the same
educational materials and opportunity to opt-in or opt-out of being
vaccinated should apply to all students entering seventh grade.

SUMMARY OF PROVISIONS:
Consistent with the requirement in current law that boarding schools,
colleges and overnight summer camps, distribute written information
about meningococcal meningitis and meningitis immunization to all
students attending the institution, this legislation would require
that the same information be distributed to all students entering the
seventh grade. The information that is currently provided, and would
be required to be disseminated to all seventh graders, includes: 1) a
description of the disease and means of transmission; 2) the benefits,
risks, and effectiveness of immunization; and 3) the availability and
cost of immunization. Additionally, current law requires that the
student, parent or guardian, indicate whether the student has
received the meningitis vaccination or whether the student has chosen
not to receive the immunization. This legislation would clarify that
all seventh graders would be required to provide same information to
the school. Notably, each school must maintain a record of the
students' responses, but is not required to maintain the actual
response forth.

The bill prohibits the seventh grader to attend a school in excess
of thirty days if the student fails to return the form stating whether
or not the child has chosen to receive the vaccine, provided,
however, that such thirty day period may be extended to not more than
sixty days if a student can show a good faith effort to comply.

This bill would not prohibit schools from adopting or maintaining more
stringent policies regarding immunization against meningococcal
meningitis.

JUSTIFICATION:
Meningococcal meningitis is an air-borne disease, transmitted through
droplets of respiratory secretions and from direct contact with
persons infected with. the disease. This serious disease can lead to
death with-in only a few hours. Survivors may be left with a severe
disability such as loss of limb, cognitive deficits, paralysis,

deafness, or seizures. Notably, meningitis can be hard to detect
because of its flu-like symptoms -- severe headache, high fever,
nausea, vomiting and drowsiness. Some of the distinct symptoms of
meningitis are a stiff neck or back, confusion or agitation and
rashes. These symptoms, however, do not necessarily occur and the
disease can get Worse very quickly, sometimes in the matter of hours,
if not treated with antibiotics.
Meningococcal outbreaks can cause severe disruption of classes, school
life, and alarm among students and faculty. The CDC has determined
that in adolescents, those ages 16 through 21 years have the highest
rates of meningococcal disease. As a result, the CDC recommends, that
in order to reduce the risk of adolescents becoming infected, a
younger cohort of adolescents (typically seventh graders) should be
vaccinated with meningococcal conjugate vaccine. This vaccine is
proven to be successful at preventing the meningococcal disease.

This bill simply requires that educational materials regarding the
meningococcal vaccine be made available to seventh graders, and that
the student or parent then inform the school whether the student has
opted to received the meningitis vaccination. A basic record is
important to be maintained in the event that there is a confirm case
of meningococcal disease, individuals who have not been vaccinated
may be notified of the confirmed case as soon as possible. Due to the
devastation that the disease could cause, this legislation is an
important public health policy that would improve education regarding
this disease, but still provide parents and students with the
opportunity to make a determination of whether to obtain the vaccine.

LEGISLATIVE HISTORY:
New bill

FISCAL IMPLICATIONS:
This bill will have no fiscal impact. Notably, the Department of
Health has already created the template form and educational
materials to meet the requirement of the 2003 statute. If enacted,
this bill would only require minor modifications to those documents.

EFFECTIVE DATE:
This act shall take effect July 1, 2013.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5069--C

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sens.  HANNON, LARKIN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee -- reported favorably from said committee and
  committed  to  the  Committee on Finance -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  recommitted  to  the  Committee  on Health in accordance with
  Senate Rule 6, sec. 8 -- reported favorably from  said  committee  and
  committed  to  the  Committee on Finance -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT to amend the public health law, in relation to raising the level
  of immunity of children against meningococcal disease

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

  Section 1.  Section 2167 of the public health law, as added by chapter
165 of the laws of 2003, is amended to read as follows:
  S  2167.  Immunization against meningococcal meningitis. 1. As used in
this section, unless the context requires otherwise:
  a. The term "student" means [a] ANY person WHO IS IN SEVENTH GRADE  OR
A  COMPARABLE  AGE  LEVEL  SPECIAL  EDUCATION PROGRAM WITH AN UNASSIGNED
GRADE AT A SCHOOL, OR attending an institution and, in  the  case  of  a
student attending college, "student" means a person who is registered to
attend  or who attends classes at an institution, who is enrolled for at
least six semester hours or the equivalent per  semester,  or  at  least
four semester hours per quarter.
  b.  The  term "institution" means an academy or college, as defined in
section two of the education law, or  a  children's  overnight  camp  as
defined  in  section one thousand three hundred ninety-two of this chap-
ter, where the person attending such camp remains overnight for a period
of not fewer than seven days.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11275-08-2

S. 5069--C                          2

  c. The term "immunization" means an  adequate  dose  or  doses  of  an
immunizing agent against meningococcal meningitis which meets the stand-
ards  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 AND HEALTH PLANNING
council.
  D.  THE TERM "SCHOOL" MEANS ANY PUBLIC, PRIVATE OR PAROCHIAL  INTERME-
DIATE OR SECONDARY SCHOOL.
  2. Each institution AND SCHOOL shall distribute, in a form provided or
approved  by  the  commissioner, written information about meningococcal
meningitis and meningitis immunization to all students. The  information
provided  by the institution OR SCHOOL shall include, but not be limited
to, the following:
  a. a description of the disease and means of transmission;
  b. the benefits, risks, and effectiveness of immunization;
  c. the availability and cost of immunization, including an  indication
of whether or not the institution OR SCHOOL offers meningococcal mening-
itis immunization services.
  3.  Each  institution  AND  SCHOOL  shall  also  distribute, in a form
provided or approved by the commissioner [of health], a  response  form,
to be completed by the student or, where the student is under the age of
eighteen  years,  such student's parent or guardian, which shall include
the following:
  a. The student, or if under the age of eighteen years  the  parent  or
guardian of the student, certifies that the student has already received
immunization  against  meningococcal  meningitis  within  the  ten years
preceding the date of the response form;
  b. The student, or if under the age of eighteen years  the  parent  or
guardian  of  such  student,  has  received and reviewed the information
provided by the institution OR SCHOOL, understands the risks of meningo-
coccal meningitis and the benefits of immunization, and has decided that
the student shall not obtain immunization against meningococcal meningi-
tis.
  The student, or if under the age of eighteen years the parent or guar-
dian of such student, shall indicate his or her decision  in  a  box  or
space  placed  appropriately  on the form and shall return the completed
form to the institution OR SCHOOL.  Nothing in this subdivision shall be
construed to prohibit an institution OR SCHOOL  from  incorporating  the
form  required  by  this  subdivision into another health certificate or
form required by the institution OR SCHOOL.
  4. Each institution AND SCHOOL shall maintain [completed] A RECORD  OF
THE response [forms].
  5.  No  institution  OR  SCHOOL shall permit any student to attend the
institution OR SCHOOL in excess of thirty days  without  complying  with
this  section;  provided,  however,  that  such thirty day period may be
extended to not more than sixty days if a student can show a good  faith
effort to comply with this section.
  6. Nothing in this section shall be construed to prohibit institutions
AND SCHOOLS from adopting or maintaining more stringent policies regard-
ing immunization against meningococcal meningitis.
  S  2.  This act shall take effect July 1, 2013; provided, that, effec-
tive immediately, any actions necessary to implement the  provisions  of
this  act  on  its  effective  date  are  authorized  and directed to be
completed on or before such date.

Co-Sponsors

S5069D (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8231
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §2167, Pub Health L

S5069D (ACTIVE) - Bill Texts

view summary

Directs schools to provide information on meningococcal disease immunization to students and parents of students in seventh grade, and requires such schools to maintain record of responses as to whether such students have received such immunization.

view sponsor memo
BILL NUMBER:S5069D

TITLE OF BILL:
An act
to amend the public health law, in relation to raising the level of
immunity of children against meningococcal disease

PURPOSE:
Current law requires boarding schools, private and public colleges,
and certain summer overnight camps to provide information to students
about immunization against meningococcal meningitis, and require
students to notify the institution whether they have decided to
receive the vaccination. This legislation would clarify that the same
educational materials and opportunity to opt-in or opt-out of being
vaccinated should apply to all students entering seventh grade.

SUMMARY OF PROVISIONS:
Consistent with the requirement in current law that boarding schools,
colleges and overnight summer camps, distribute written information
about meningococcal meningitis and meningitis immunization to all
students attending the institution, this legislation would require
that the same information be distributed to all students entering the
seventh grade. The information that is currently provided, and would
be required to be disseminated to all seventh graders, includes: 1) a
description of the disease and means of transmission; 2) the
benefits, risks and effectiveness of immunization; and 3) the
availability and cost of immunization. Additionally, current law
requires that the student, parent or guardian, indicate whether the
student has received the meningitis vaccination or whether the
student has chosen not to receive the immunization. This legislation
would clarify that all seventh graders would be required to provide
same information to the school. Notably, each school must maintain
a record of the students' responses, but is not required to maintain
the actual response form.

This bill would not prohibit schools from adopting or maintaining more
stringent policies regarding immunization against meningococcal
meningitis.

JUSTIFICATION:
Meningococcal meningitis is an air-borne disease, transmitted through
droplets of respiratory secretions and from direct contact with
persons infected with the disease. This serious disease can lead to
death with-in only a few hours. Survivors may be left with a severe
disability such as loss of limb, cognitive deficits, paralysis,
deafness, or seizures. Notably, meningitis can be hard to detect
because of its flu-like symptoms -- severe headache, high fever,
nausea, vomiting and drowsiness. Some of the distinct symptoms of
meningitis are a stiff neck or back, confusion or agitation and
rashes. These symptoms, however, do not necessarily occur and the
disease can get worse very quickly, sometimes in the matter of hours,
if not treated with antibiotics.
Meningococcal outbreaks can cause severe disruption of classes, school
life, and alarm among students and faculty. The CDC has determined
that in adolescents, those ages 16 through 21 years have the highest
rates of meningococcal disease. As a result, the CDC recommends, that


in order to reduce the risk of adolescents becoming infected, a
younger cohort of adolescents (typically seventh graders) should be
vaccinated with meningococcal conjugate vaccine. This vaccine is
proven to be successful at preventing the meningococcal disease.

This bill simply requires that educational materials regarding the
meningococcal vaccine be made available to seventh graders, and that
the student or parent then inform the school whether the student has
opted to received the meningitis vaccination. A basic record is
important to be maintained in the event that there is a confirm
case of meningococcal disease, individuals who have not been
vaccinated may be notified of the confirmed case as soon as
possible. Due to the devastation that the disease could cause, this
legislation is an important public health policy that would improve
education regarding this disease, but still provide parents and
students with the opportunity to make a determination of whether to
obtain the vaccine.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
This bill will have no fiscal impact. Notably, the Department of
Health has already created the template form and educational
materials to meet the requirement of the 2003 statute. If enacted,
this bill would only require minor modifications to those documents.

EFFECTIVE DATE:
This act shall take effect July 1, 2013.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5069--D

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sens.  HANNON, LARKIN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee -- reported favorably from said committee and
  committed  to  the  Committee on Finance -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  recommitted  to  the  Committee  on Health in accordance with
  Senate Rule 6, sec. 8 -- reported favorably from  said  committee  and
  committed  to  the  Committee on Finance -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
  amended and recommitted to said committee

AN ACT to amend the public health law, in relation to raising the  level
  of immunity of children against meningococcal disease

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

  Section 1.  Section 2167 of the public health law, as added by chapter
165 of the laws of 2003, is amended to read as follows:
  S 2167. Immunization against meningococcal meningitis. 1. As  used  in
this section, unless the context requires otherwise:
  a.  The term "student" means [a] ANY person WHO IS IN SEVENTH GRADE OR
A COMPARABLE AGE LEVEL SPECIAL  EDUCATION  PROGRAM  WITH  AN  UNASSIGNED
GRADE  AT  A  SCHOOL,  OR attending an institution and, in the case of a
student attending college, "student" means a person who is registered to
attend or who attends classes at an institution, who is enrolled for  at
least  six  semester  hours  or the equivalent per semester, or at least
four semester hours per quarter.
  b. The term "institution" means an academy or college, as  defined  in
section  two  of  the  education  law, or a children's overnight camp as
defined in section one thousand three hundred ninety-two of  this  chap-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11275-10-2

S. 5069--D                          2

ter, where the person attending such camp remains overnight for a period
of not fewer than seven days.
  c.  The  term  "immunization"  means  an  adequate dose or doses of an
immunizing agent against meningococcal meningitis which meets the stand-
ards 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 AND HEALTH  PLANNING
council.
  D.   THE TERM "SCHOOL" MEANS ANY PUBLIC, PRIVATE OR PAROCHIAL INTERME-
DIATE OR SECONDARY SCHOOL.
  2. Each institution AND SCHOOL shall distribute, in a form provided or
approved by the commissioner, written  information  about  meningococcal
meningitis  and meningitis immunization to all students. The information
provided by the institution OR SCHOOL shall include, but not be  limited
to, the following:
  a. a description of the disease and means of transmission;
  b. the benefits, risks, and effectiveness of immunization;
  c.  the availability and cost of immunization, including an indication
of whether or not the institution OR SCHOOL offers meningococcal mening-
itis immunization services.
  3. Each institution AND  SCHOOL  shall  also  distribute,  in  a  form
provided  or  approved by the commissioner [of health], a response form,
to be completed by the student or, where the student is under the age of
eighteen years, such student's parent or guardian, which  shall  include
the following:
  a.  The  student,  or if under the age of eighteen years the parent or
guardian of the student, certifies that the student has already received
immunization against  meningococcal  meningitis  within  the  ten  years
preceding the date of the response form;
  b.  The  student,  or if under the age of eighteen years the parent or
guardian of such student, has  received  and  reviewed  the  information
provided by the institution OR SCHOOL, understands the risks of meningo-
coccal meningitis and the benefits of immunization, and has decided that
the student shall not obtain immunization against meningococcal meningi-
tis.
  The student, or if under the age of eighteen years the parent or guar-
dian  of  such  student,  shall indicate his or her decision in a box or
space placed appropriately on the form and shall  return  the  completed
form to the institution OR SCHOOL.  Nothing in this subdivision shall be
construed  to  prohibit  an institution OR SCHOOL from incorporating the
form required by this subdivision into  another  health  certificate  or
form required by the institution OR SCHOOL.
  4.  Each institution AND SCHOOL shall maintain [completed] A RECORD OF
THE response [forms].
  5. No institution shall permit any student to attend  the  institution
in  excess of thirty days without complying with this section; provided,
however, that such thirty day period may be extended to  not  more  than
sixty days if a student can show a good faith effort to comply with this
section.
  6. Nothing in this section shall be construed to prohibit institutions
AND SCHOOLS from adopting or maintaining more stringent policies regard-
ing immunization against meningococcal meningitis.
  S  2.  This act shall take effect July 1, 2013; provided, that, effec-
tive immediately, any actions necessary to implement the  provisions  of
this  act  on  its  effective  date  are  authorized  and directed to be
completed on or before such date.

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