senate Bill S98A

2011-2012 Legislative Session

Encourages voluntary, informed vaccination against human papillomavirus (HPV)

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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
Jan 05, 2012 print number 98a
amend and recommit to health
Jan 04, 2012 referred to health
Feb 22, 2011 notice of committee consideration - requested
Jan 05, 2011 referred to health

Bill Amendments

Original
A (Active)
Original
A (Active)

S98 - Bill Details

See Assembly Version of this Bill:
A2360A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §§2164 & 613, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S1983A, A3203A

S98 - Bill Texts

view summary

Encourages, through the provision of written educational materials and consultation, the voluntary vaccination against human papillomavirus (HPV) for school-aged children by their parents or guardians.

view sponsor memo
BILL NUMBER:S98

TITLE OF BILL:
An act
to amend the public health law, in relation to encouraging immunization
against human papillomavirus (HPV)

PURPOSE OR GENERAL IDEA OF BILL:
Encourages voluntary, informed
vaccination against human papillomavirus (HPV).

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 Amends Section 2164(2)(5)(6) of the Public Health Law to
require that parents and guardians of a child in New York State be
encouraged, through the provision of written educational materials
and consultation, to administer 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. Provides that every parent and guardian of a child born
after January 1, 1994 and entering the sixth grade or is of a
comparable age level on or after September 1, 2011, shall, through
the provision of written educational materials and consultation, have
administered a HPV booster immunization. Requires the health
practitioner who administers the HPV immunization to provide the
parent or guardian with a certificate of such immunization. In the
event that no certificate or other acceptable evidence of HPV
immunization exists, the parent or guardian shall be informed by the
principal, teacher, owner or person in charge of the school of the
efficacy of voluntary HPV immunization.

Section 2 Amends Section 613(1)(a) of the Public Health Law to
require the Commissioner of Health to develop educational efforts to
encourage informed, voluntary HPV vaccinations.

Section 3 Effective Date

JUSTIFICATION:
Cervical cancer is a worldwide public health issue, and the HPV
vaccine may be the solution to it. Every year, 11,000 American women
have cervical cancer, and two million more have abnormal pap smears,
almost all due to a viral infection.

The Catholic Health Association of the United States says that
preventing a life-threatening disease and sexual promiscuity are
different issues. Preventing disease is the responsibility of the
health care provider, and this vaccine is a way to do that.

PRIOR LEGISLATIVE HISTORY:
2009-2010: S.1983A - Referred to Health/A.3203A - Referred to Health
2007-2008: A.7403 - Referred to Health

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:


This act shall take effect immediately; provided however that section
two of this act shall take effect on the same date and in the same
manner as section 1 of chapter 36 of the laws of 2010 takes effect.

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

                                   98

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  DIAZ  --  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 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
PRODUCTS,  AND WHICH IS APPROVED BY THE DEPARTMENT UNDER SUCH CONDITIONS
AS MAY BE SPECIFIED BY THE PUBLIC HEALTH COUNCIL.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02206-01-1

S. 98                               2

  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 ELEVEN, 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
communicable  diseases including, but not limited to, influenza, poliom-
yelitis, measles, mumps, rubella, haemophilus influenzae type  b  (Hib),

S. 98                               3

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;  provided  however  that
section  two  of  this act shall take effect on the same date and in the
same manner as section 1 of chapter  36  of  the  laws  of  2010,  takes
effect.

S98A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2360A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §§2164 & 613, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
S1983A, A3203A

S98A (ACTIVE) - Bill Texts

view summary

Encourages, through the provision of written educational materials and consultation, the voluntary vaccination against human papillomavirus (HPV) for school-aged children by their parents or guardians.

view sponsor memo
BILL NUMBER:S98A

TITLE OF BILL:
An act
to amend the public health law, in relation to encouraging immunization
against human papillomavirus (HPV)

PURPOSE OR GENERAL IDEA OF BILL:
Encourages voluntary, informed
vaccination against human papillomavirus (HPV).

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 Amends Section 2164(2)(5)(6) of the Public Health Law to
require that parents and guardians of a child in New York State be
encouraged, through the provision of written educational materials
and consultation, to administer 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. Provides that every parent and guardian of a child born
after January 1, 1994 and entering the sixth grade or is of a
comparable age level on or after September 1, 2012, shall, through
the provision of written educational materials and consultation, have
administered a HPV booster immunization. Requires the health
practitioner who administers the HPV immunization to provide the
parent or guardian with a certificate of such immunization. In the
event that no certificate or other acceptable evidence of HPV
immunization exists, the parent or guardian shall be informed by the
principal, teacher, owner or person in charge of the school of the
efficacy of voluntary HPV immunization.

Section 2 Amends Section 613(1)(a) of the Public Health Law to
require the Commissioner of Health to develop educational efforts to
encourage informed, voluntary HPV vaccinations.

Section 3 Effective Date

JUSTIFICATION:
Cervical cancer is a worldwide public health issue, and the HPV
vaccine may be the solution to it. Every year, 11,000 American women
have cervical cancer, and two million more have abnormal pap smears,
almost all due to a viral infection.

The Catholic Health Association of the United States says that
preventing a life-threatening disease and sexual promiscuity are
different issues. Preventing disease is the responsibility of the
health care provider, and this vaccine is a way to do that.

PRIOR LEGISLATIVE HISTORY:
2011: S.98 - Notice of Committee Consideration Requested/A.2360 -

Referred to Health
2009-10: S.1983A - Referred to Health/A.3203A - Referred to Health
2007-08: A.7403 - Referred to Health

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
Immediately.

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

                                  98--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Health --  recommitted  to
  the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
  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.
                                                           LBD02206-02-1

S. 98--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

S. 98--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.

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