S T A T E O F N E W Y O R K
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7253--A
Cal. No. 873
I N S E N A T E
May 7, 2014
___________
Introduced by Sen. HANNON -- read twice and ordered printed, and when
printed to be committed to the Committee on Health -- reported favora-
bly from said committee, ordered to first and second report, ordered
to a third reading, amended and ordered reprinted, retaining its place
in the order of third reading
AN ACT to amend the public health law, in relation to adult immunization
registry
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 2 and subdivision 3 of section
2168 of the public health law, subdivision 3 as amended by section 7 of
part A of chapter 58 of the laws of 2009, paragraph (a) of subdivision 2
and paragraph (a) of subdivision 3 as amended by chapter 154 of the laws
of 2013, are amended to read as follows:
(a) The term "authorized user" shall mean any person or entity author-
ized to provide information to or to receive information from the state-
wide immunization information system and shall include health care
providers and their designees, as defined in paragraph (d) of this
subdivision, schools as defined in paragraph a of subdivision one of
section twenty-one hundred sixty-four of this title, colleges as defined
in section two of the education law, professional and technical schools
as referred to in the definition of higher education in section two of
the education law, children's overnight camps and summer day camps as
defined in section thirteen hundred ninety-two of this chapter, third
party payer as defined in paragraph (f) of this subdivision, local
health districts as defined by paragraph (c) of subdivision one of
section two of this chapter, local social services districts and the
office of children and family services with regard to children in their
legal custody, [and] WIC programs as defined in paragraph (g) of this
subdivision, REGISTERED PROFESSIONAL NURSES, AND PHARMACISTS AUTHORIZED
TO ADMINISTER IMMUNIZATIONS PURSUANT TO SUBDIVISION TWO OF SECTION
SIXTY-EIGHT HUNDRED ONE OF THE EDUCATION LAW. An authorized user may be
located outside New York state. An entity other than a local health
district shall be an authorized user only with respect to a person seek-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14811-04-4
S. 7253--A 2
ing or receiving a health care service from the health care provider, a
person enrolled or seeking to be enrolled in the school, a person
insured by the third party payer, a person in the custody of the local
social services district or the office of children and family services,
or a person seeking or receiving services through WIC programs, as the
case may be.
3. (a) Any health care provider who administers any vaccine to a
person less than nineteen years of age or, on or after September first,
two thousand nine, conducts a blood lead analysis of a sample obtained
from a person under eighteen years of age in accordance with paragraph
(h) of subdivision two of this section; and immunizations received by a
person less than nineteen years of age in the past if not already
reported, shall report all such immunizations and the results of any
blood lead analysis to the department in a format prescribed by the
commissioner within fourteen days of administration of such immuniza-
tions or of obtaining the results of any such blood lead analysis.
Health care providers administering immunizations to persons less than
nineteen years of age in the city of New York shall report, in a format
prescribed by the city of New York commissioner of health and mental
hygiene, all such immunizations to the citywide immunization registry.
[The commissioner, and for the city of New York the commissioner of
health and mental hygiene, shall have the discretion to accept for
inclusion in the system information regarding immunizations administered
to individuals nineteen years of age or older with the consent of the
vaccinee.] Health care providers who conduct a blood lead analysis on a
person under eighteen years of age and who report the results of such
analysis to the city of New York commissioner of health and mental
hygiene pursuant to New York city reporting requirements shall be exempt
from this requirement for reporting blood lead analysis results to the
state commissioner of health; provided, however, blood lead analysis
data collected from physician office laboratories by the commissioner of
health and mental hygiene of the city of New York pursuant to the health
code of the city of New York shall be provided to the department in a
format prescribed by the commissioner.
(b) (I) ANY HEALTH CARE PROVIDER WHO ADMINISTERS ANY VACCINE TO A
PERSON NINETEEN YEARS OF AGE OR OLDER, MAY REPORT, WITH THE CONSENT OF
THE VACCINEE, ALL SUCH IMMUNIZATIONS TO THE DEPARTMENT IN A FORMAT
PRESCRIBED BY THE COMMISSIONER WITHIN FOURTEEN DAYS OF ADMINISTRATION OF
SUCH IMMUNIZATIONS. HEALTH CARE PROVIDERS ADMINISTERING IMMUNIZATIONS TO
PERSONS NINETEEN YEARS OF AGE OR OLDER IN THE CITY OF NEW YORK MAY
REPORT, WITH THE CONSENT OF THE VACCINEE, IN A FORMAT PRESCRIBED BY THE
CITY OF NEW YORK COMMISSIONER OF HEALTH AND MENTAL HYGIENE, ALL SUCH
IMMUNIZATIONS TO THE CITYWIDE IMMUNIZATION REGISTRY.
(II) A REGISTERED PROFESSIONAL NURSE, OR A PHARMACIST WHO ADMINISTERS
A VACCINE PURSUANT TO SUBDIVISION TWO OF SECTION SIXTY-EIGHT HUNDRED ONE
OF THE EDUCATION LAW, TO A PERSON NINETEEN YEARS OF AGE OR OLDER, SHALL
REPORT, WITH THE CONSENT OF THE VACCINEE, ALL SUCH IMMUNIZATIONS TO THE
DEPARTMENT IN A FORMAT PRESCRIBED BY THE COMMISSIONER WITHIN FOURTEEN
DAYS OF ADMINISTRATION OF SUCH IMMUNIZATIONS. REGISTERED PROFESSIONAL
NURSES OR PHARMACISTS ADMINISTERING IMMUNIZATIONS PURSUANT TO SUBDIVI-
SION TWO OF SECTION SIXTY-EIGHT HUNDRED ONE OF THE EDUCATION LAW, TO
PERSONS NINETEEN YEARS OF AGE OR OLDER IN THE CITY OF NEW YORK SHALL
REPORT, WITH THE CONSENT OF THE VACCINEE, IN A FORMAT PRESCRIBED BY THE
CITY OF NEW YORK COMMISSIONER OF HEALTH AND MENTAL HYGIENE, ALL SUCH
IMMUNIZATIONS TO THE CITYWIDE IMMUNIZATION REGISTRY.
S. 7253--A 3
(C) The statewide immunization information system shall provide a
method for health care providers to determine when the registrant is due
or late for a recommended immunization and shall serve as a means for
authorized users to receive prompt and accurate information, as reported
to the system, about the vaccines that the registrant has received.
S 2. Paragraph (c) of subdivision 8 of section 2168 of the public
health law, as amended by section 7 of part A of chapter 58 of the laws
of 2009, is amended to read as follows:
(c) health care providers and their designees, REGISTERED PROFESSIONAL
NURSES, AND PHARMACISTS AUTHORIZED TO ADMINISTER IMMUNIZATIONS PURSUANT
TO SUBDIVISION TWO OF SECTION SIXTY-EIGHT HUNDRED ONE OF THE EDUCATION
LAW shall have access to the statewide immunization information system
and the blood lead information in such system only for purposes of
submission of information about vaccinations received by a specific
registrant, determination of the immunization status of a specific
registrant, determination of the blood lead testing status of a specific
registrant, submission of the results from a blood lead analysis of a
sample obtained from a specific registrant in accordance with paragraph
(h) of subdivision two of this section, review of practice coverage,
generation of reminder notices, quality improvement and accountability
and printing a copy of the immunization or lead testing record for the
registrant's medical record, for the registrant's parent or guardian, or
other person in parental or custodial relation to a child, or for a
registrant upon reaching eighteen years of age.
S 3. This act shall take effect immediately.