senate Bill S2070

2013-2014 Legislative Session

Directs schools to provide information on meningococcal disease immunization to students and parents of students in seventh grade

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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 08, 2014 referred to health
Feb 28, 2013 reported and committed to finance
Jan 10, 2013 referred to health

Votes

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Feb 28, 2013 - Health committee Vote

S2070
16
0
committee
16
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Co-Sponsors

S2070 - Bill Details

See Assembly Version of this Bill:
A3703
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd ยง2167, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
S5069D, A8231B

S2070 - Bill Texts

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Directs schools to provide information on meningococcal disease immunization to students and parents of students in seventh grade, and requires such schools to maintain record of responses as to whether such students have received such immunization.

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BILL NUMBER:S2070

TITLE OF BILL: An act to amend the public health law, in relation to
raising the level of immunity of children against meningococcal
disease

PURPOSE: Current law requires boarding schools, private and public
colleges, and certain summer overnight camps to provide information to
students about immunization against meningococcal meningitis, and
require students to notify the institution whether they have decided
to receive the vaccination. This legislation would clarify that the
same educational materials and opportunity to opt-in or opt-out of
being vaccinated should apply to all students entering seventh grade.

SUMMARY OF PROVISIONS: Consistent with the requirement in current law
that boarding schools, colleges and overnight summer camps, distribute
written information about meningococcal meningitis and meningitis
immunization to all students attending the institution, this
legislation would require that the same information be distributed to
all students entering the seventh grade. The information that is
currently provided, and would be required to be disseminated to all
seventh graders, includes: 1) a description of the disease and means
of transmission; 2) the benefits, risks and effectiveness of
immunization; and 3) the availability and cost of immunization.
Additionally, current law requires that the student, parent or
guardian, indicate whether the student has received the meningitis
vaccination or whether the student has chosen not to receive the
immunization. This legislation would clarify that all seventh graders
would be required to provide same information to the school. Notably,
each school must maintain a record of the students' responses, but is
not required to maintain the actual response form.

This bill would not prohibit schools from adopting or maintaining more
stringent policies regarding immunization against meningococcal
meningitis.

JUSTIFICATION: Meningococcal meningitis is an air-borne disease,
transmitted through droplets of respiratory secretions and from direct
contact with persons infected with the disease. This serious
disease-can lead to death with-in only a few hours. Survivors may be
left with a severe disability such as loss of limb, cognitive
deficits, paralysis, deafness, or seizures. Notably, meningitis can be
hard to detect because of its flu-like symptoms -- severe headache,
high fever, nausea, vomiting and drowsiness. Some of the distinct
symptoms of meningitis are a stiff neck or back, confusion or
agitation and rashes. These symptoms, however, do not necessarily
occur and the disease can get worse very quickly, sometimes in the
matter of hours, if not treated with antibiotics. Meningococcal
outbreaks can cause severe disruption of classes, school life, and
alarm among students and faculty. The Center for Disease control and
Prevention (CDC) has determined that in adolescents ages 16 through 21
years have the highest rates of meningococcal disease. As a result, in
order to reduce the risk of adolescents becoming infected, the CDC
recommends a younger cohort of adolescents (typically seventh graders)
should be vaccinated with meningococcal conjugate vaccine.


This bill simply requires that educational materials regarding the
meningococcal vaccine be made available to seventh graders, and that
the student or parent then inform the school whether the student has
opted to received the meningitis vaccination. A basic record is
important to be maintained in the event that there is a confirm case
of meningococcal disease, individuals who have not been vaccinated may
be notified of the confirmed case as soon as possible. Due to the
devastation that the disease could cause, this legislation is an
important public health policy that would improve education regarding
this disease, but still provide parents and students with the
opportunity to make a determination of whether to obtain the vaccine.

LEGISLATIVE HISTORY: New 2012: S.5069-D died in Finance 2011:
S.5069-A died on Senate Calendar

FISCAL IMPLICATIONS: This bill will have no fiscal impact. Notably,
the Department of Health has already created the template form and
educational materials to meet the requirement of the 2003 statute. If
enacted, this bill would only require minor modifications to those
documents.

EFFECTIVE DATE: This act shall take effect July 1, 2014.

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

                                  2070

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 10, 2013
                               ___________

Introduced  by  Sen.  HANNON -- 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 raising the  level
  of immunity of children against meningococcal disease

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

  Section 1.  Section 2167 of the public health law, as added by chapter
165 of the laws of 2003, is amended to read as follows:
  S 2167. Immunization against meningococcal meningitis. 1. As  used  in
this section, unless the context requires otherwise:
  a.  The term "student" means [a] ANY person WHO IS IN SEVENTH GRADE OR
A COMPARABLE AGE LEVEL SPECIAL  EDUCATION  PROGRAM  WITH  AN  UNASSIGNED
GRADE  AT  A  SCHOOL,  OR attending an institution and, in the case of a
student attending college, "student" means a person who is registered to
attend or who attends classes at an institution, who is enrolled for  at
least  six  semester  hours  or the equivalent per semester, or at least
four semester hours per quarter.
  b. The term "institution" means an academy or college, as  defined  in
section  two  of  the  education  law, or a children's overnight camp as
defined in section one thousand three hundred ninety-two of  this  chap-
ter, where the person attending such camp remains overnight for a period
of not fewer than seven days.
  c.  The  term  "immunization"  means  an  adequate dose or doses of an
immunizing agent against meningococcal meningitis which meets the stand-
ards 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 AND HEALTH  PLANNING
council.
  D.   THE TERM "SCHOOL" MEANS ANY PUBLIC, PRIVATE OR PAROCHIAL INTERME-
DIATE OR SECONDARY SCHOOL.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02573-01-3

S. 2070                             2

  2. Each institution AND SCHOOL shall distribute, in a form provided or
approved by the commissioner, written  information  about  meningococcal
meningitis  and meningitis immunization to all students. The information
provided by the institution OR SCHOOL shall include, but not be  limited
to, the following:
  a. a description of the disease and means of transmission;
  b. the benefits, risks, and effectiveness of immunization;
  c.  the availability and cost of immunization, including an indication
of whether or not the institution OR SCHOOL offers meningococcal mening-
itis immunization services.
  3. Each institution AND  SCHOOL  shall  also  distribute,  in  a  form
provided  or  approved by the commissioner [of health], a response form,
to be completed by the student or, where the student is under the age of
eighteen years, such student's parent or guardian, which  shall  include
the following:
  a.  The  student,  or if under the age of eighteen years the parent or
guardian of the student, certifies that the student has already received
immunization against  meningococcal  meningitis  within  the  ten  years
preceding the date of the response form;
  b.  The  student,  or if under the age of eighteen years the parent or
guardian of such student, has  received  and  reviewed  the  information
provided by the institution OR SCHOOL, understands the risks of meningo-
coccal meningitis and the benefits of immunization, and has decided that
the student shall not obtain immunization against meningococcal meningi-
tis.
  The student, or if under the age of eighteen years the parent or guar-
dian  of  such  student,  shall indicate his or her decision in a box or
space placed appropriately on the form and shall  return  the  completed
form to the institution OR SCHOOL.  Nothing in this subdivision shall be
construed  to  prohibit  an institution OR SCHOOL from incorporating the
form required by this subdivision into  another  health  certificate  or
form required by the institution OR SCHOOL.
  4.  Each institution AND SCHOOL shall maintain [completed] A RECORD OF
THE response [forms].
  5. No institution shall permit any student to attend  the  institution
in  excess of thirty days without complying with this section; provided,
however, that such thirty day period may be extended to  not  more  than
sixty days if a student can show a good faith effort to comply with this
section.
  6. Nothing in this section shall be construed to prohibit institutions
AND SCHOOLS from adopting or maintaining more stringent policies regard-
ing immunization against meningococcal meningitis.
  S  2.  This act shall take effect July 1, 2014; provided, that, effec-
tive immediately, any actions necessary to implement the  provisions  of
this  act  on  its  effective  date  are  authorized  and directed to be
completed on or before such date.

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