Senate Bill S2070

                            
                    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.