S T A T E O F N E W Y O R K
________________________________________________________________________
4421
2013-2014 Regular Sessions
I N A S S E M B L Y
February 5, 2013
___________
Introduced by M. of A. PEOPLES-STOKES, PAULIN -- read once and referred
to the Committee on Health
AN ACT to amend the public health law, in relation to requiring vaccina-
tions against meningococcal disease for seventh graders and students
entering college
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "communicable disease control and prevention act".
S 2. Subdivision 2 of section 2164 of the public health law is amended
by adding a new paragraph c to read as follows:
C. EVERY PERSON IN PARENTAL RELATION TO A CHILD IN THIS STATE BORN ON
OR AFTER JANUARY FIRST, NINETEEN HUNDRED NINETY-FIVE, AND ENTERING OR
HAVING ENTERED SEVENTH GRADE OR A COMPARABLE AGE LEVEL SPECIAL EDUCATION
PROGRAM WITH AN UNASSIGNED GRADE ON OR AFTER SEPTEMBER FIRST, TWO THOU-
SAND ELEVEN, SHALL HAVE ADMINISTERED TO SUCH CHILD AN ADEQUATE DOSE OR
DOSES OF AN IMMUNIZING AGENT AGAINST MENINGOCOCCAL DISEASE, 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.
S 3. Subdivisions 3, 5, 6, paragraph (a) of subdivision 7 and 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, are amended
to read as follows:
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,
pertussis, tetanus, pneumococcal disease, MENINGOCOCCAL DISEASE, and
hepatitis B as provided in subdivision two of this section.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07883-01-3
A. 4421 2
5. The health practitioner who administers such immunizing agent
against poliomyelitis, mumps, measles, diphtheria, Haemophilus influen-
zae type b (Hib), rubella, varicella, pertussis, tetanus, pneumococcal
disease, MENINGOCOCCAL 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), MENIN-
GOCOCCAL DISEASE, and pneumococcal disease, the principal, teacher,
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] APPLIES to such child.
(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, hepatitis B, pertussis, tetanus, and, where
applicable, Haemophilus influenzae type b (Hib), MENINGOCOCCAL DISEASE,
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 certif-
ication or other evidence of immunization.
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,
hepatitis B, pertussis, tetanus, and, where applicable, Haemophilus
influenzae type b (Hib), MENINGOCOCCAL DISEASE, and pneumococcal
disease, the principal, teacher, owner or person in charge of the school
shall:
S 4. This act shall take effect August 1, 2014.