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

                                  9347

                          I N  A S S E M B L Y

                             April 16, 2014
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Health

AN ACT to amend the public health  law,  in  relation  to  meningococcal
  immunizations

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

  Section 1. Section 2164 of the public health law, as added by  chapter
994  of the laws of 1966, the section heading and subdivisions 3, 5, and
6, paragraph (a) of subdivision 7 and the opening paragraph of  subdivi-
sion  8-a, as amended by chapter 189 of the laws of 2006, paragraph b of
subdivision 1 and subdivision 7 as amended by chapter 443 of the laws of
1979, paragraph c of subdivision 1 as amended by chapter 119 of the laws
of 2005, paragraph d of subdivision 1 as added and  subdivisions  4  and
8-a  as  amended  by  chapter  538 of the laws of 1989, subdivision 2 as
separately amended by chapters 189 and 506 of the laws of 2006, subdivi-
sions 8 and 10 as renumbered by chapter 633 of the laws of 1975,  subdi-
vision  9  as  separately amended by chapters 405 and 538 of the laws of
1989, subdivision 10 as added by chapter 1094 of the laws of  1968,  and
subdivision  11  as added by chapter 521 of the laws of 1994, is amended
to read as follows:
  S  2164.  Definitions;  immunization  against  poliomyelitis,   mumps,
measles,  diphtheria,  rubella, varicella, Haemophilus influenzae type b
(Hib), pertussis, tetanus, pneumococcal disease, MENINGOCOCCAL  DISEASE,
and  hepatitis  B.    1.  As  used  in  this section, unless the context
requires otherwise:
  a. The term "school" means and includes any public, private  or  paro-
chial child caring center, day nursery, day care agency, nursery school,
kindergarten, elementary, intermediate or secondary school.
  b. The term "child" shall mean and include any person between the ages
of two months and eighteen years.
  c.  The  term  "person in parental relation to a child" shall mean and
include his  father  or  mother,  by  birth  or  adoption,  his  legally
appointed  guardian, or his custodian. A person shall be regarded as the
custodian of a child if he has assumed the charge and care of the  child

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

                                                           LBD14687-02-4

A. 9347                             2

because  the  parents  or  legally  appointed guardian of the minor have
died, are imprisoned, are mentally ill, or have  been  committed  to  an
institution,  or  because  they have abandoned or deserted such child or
are  living  outside the state or their whereabouts are unknown, or have
designated the person pursuant to title fifteen-A of article five of the
general obligations law as a person in parental relation to the child.
  d. The term "health practitioner" shall mean any person authorized  by
law to administer an immunization.
  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.
  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.
  C. EVERY PERSON IN PARENTAL RELATION TO A CHILD IN THIS STATE ENTERING
OR HAVING ENTERED SIXTH GRADE AND ELEVENTH GRADE  OR  A  COMPARABLE  AGE
LEVEL  SPECIAL  EDUCATION  PROGRAM  WITH AN UNASSIGNED GRADE ON OR AFTER
SEPTEMBER FIRST, TWO THOUSAND FIFTEEN, SHALL HAVE ADMINISTERED  TO  SUCH
CHILD  AN ADEQUATE DOSE OR DOSES OF AN IMMUNIZING AGENT AGAINST MENINGO-
COCCAL DISEASE AS RECOMMENDED BY THE ADVISORY COMMITTEE ON  IMMUNIZATION
PRACTICES, ACIP, 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,
pertussis, tetanus, pneumococcal  disease,  MENINGOCOCCAL  DISEASE,  and
hepatitis B as provided in subdivision two of this section.
  4.  If  any person in parental relation to such child is unable to pay
for the services of a private health  practitioner,  such  person  shall
present  such  child  to  the  health officer of the county in which the
child resides, who shall then administer the  immunizing  agent  without
charge.
  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

A. 9347                             3

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 to such child.
  7. (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.
  (b)  A parent, a guardian or any other person in parental relationship
to a child denied school entrance or attendance may appeal  by  petition
to  the  commissioner  of education in accordance with the provisions of
section three hundred ten of the education law.
  8. If any physician licensed to practice medicine in this state certi-
fies that such immunization may be detrimental to a child's health,  the
requirements  of this section shall be inapplicable until such immuniza-
tion is found no longer to be detrimental to the child's health.
  8-a. Whenever a child has been  refused  admission  to,  or  continued
attendance  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 immuni-
zation against poliomyelitis, mumps, measles, diphtheria, rubella, vari-
cella, hepatitis B, pertussis, tetanus, and, where applicable, Haemophi-
lus  influenzae  type  b  (Hib), MENINGOCOCCAL DISEASE, and pneumococcal
disease, the principal, teacher, owner or person in charge of the school
shall:
  a. forward a report of such exclusion and the name and address of such
child to the local health  authority  and  to  the  person  in  parental
relation to the child together with a notification of the responsibility
of  such  person  under  subdivision  two  of this section and a form of
consent as prescribed by regulation of the commissioner, and
  b. provide, with the  cooperation  of  the  appropriate  local  health
authority,  for  a time and place at which an immunizing agent or agents

A. 9347                             4

shall be administered, as required by subdivision two of  this  section,
to a child for whom a consent has been obtained. Upon failure of a local
health authority to cooperate in arranging for a time and place at which
an  immunizing  agent  or  agents  shall  be administered as required by
subdivision two of this section, the commissioner shall arrange for such
administration and may recover the cost thereof from the amount of state
aid to which the local health authority would otherwise be entitled.
  9. This section shall not apply to children whose parent, parents,  or
guardian  hold  genuine and sincere religious beliefs which are contrary
to the practices herein required, and no certificate shall  be  required
as  a  prerequisite  to  such  children  being admitted or received into
school or attending school.
  10. The commissioner may adopt and  amend  rules  and  regulations  to
effectuate the provisions and purposes of this section.
  11.  Every  school  shall  annually provide the commissioner, on forms
provided by the commissioner, a summary regarding  compliance  with  the
provisions of this section.
  S 2. This act shall take effect immediately.