S T A T E O F N E W Y O R K
________________________________________________________________________
2067
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. PAULIN, GUNTHER, MARKEY, ORTIZ, ROBINSON, HOOPER,
GABRYSZAK, SCHIMEL, TITONE -- Multi-Sponsored by -- M. of A. CUSICK,
DINOWITZ, KELLNER, LIFTON, RA -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to requiring immuni-
zation 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, 3, 5 and 6 of
section 2164 of the public health law, as amended by chapter 189 of the
laws of 2006 and 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, HUMAN PAPILLOMAVIRUS (HPV), 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.
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, AND A HUMAN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04901-02-3
A. 2067 2
PAPILLOMAVIRUS (HPV) 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.
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,
HUMAN PAPILLOMAVIRUS (HPV), pertussis, tetanus, pneumococcal 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, 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, HUMAN PAPILLOMAVIRUS (HPV),
hepatitis B, pertussis, tetanus, and, where applicable, Haemophilus
influenzae type b (Hib) and pneumococcal disease, the principal, teach-
er, 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 to such child.
S 2. Paragraph (a) of subdivision 7 of section 2164 of the public
health law, as amended by chapter 189 of the laws of 2006, is amended to
read as follows:
(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, HUMAN PAPILLOMAVIRUS (HPV), hepatitis B,
pertussis, tetanus, and, where applicable, Haemophilus influenzae type b
(Hib) 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
certification or other evidence of immunization.
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S 3. 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, is
amended to read as follows:
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,
HUMAN PAPILLOMAVIRUS (HPV), hepatitis B, pertussis, tetanus, and, where
applicable, Haemophilus influenzae type b (Hib) and pneumococcal
disease, the principal, teacher, owner or person in charge of the school
shall:
S 4. 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),
diphtheria, pertussis, tetanus, varicella, HUMAN PAPILLOMAVIRUS (HPV),
hepatitis B, pneumococcal 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.
S 5. This act shall take effect on the first of September next
succeeding the date on which it shall have become a law; provided,
however, that sections one, two and three of this act shall apply only
to children born on or after January 1, 1996.