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

                                 7734--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 31, 2013
                               ___________

Introduced  by  M.  of A. PAULIN, GOTTFRIED -- read once and referred to
  the Committee on Health -- reported and referred to the  Committee  on
  Codes  --  committee  discharged,  bill  amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the public health law,  in  relation  to  the  statewide
  immunization information system

  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  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:
  (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. 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 seeking 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10914-04-3
              

A. 7734--A                          2

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.
  S  2.  Paragraph  (a)  of  subdivision 3 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:
  (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  immunizations  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 [express written]
consent of the [vaccine] 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 labo-
ratories 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.
  S  3.  Paragraph  (f)  of  subdivision 5 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:
  (f)  The  immunization  status  of  children exempt from immunizations
pursuant to subdivision  eight  of  [this]  section  TWENTY-ONE  HUNDRED
SIXTY-FOUR  OF  THIS  TITLE  and a parent claiming exemption pursuant to
subdivision nine of section twenty-one hundred sixty-four of this  title
shall be reported by the health care provider.
  S  4.  Paragraph  (d)  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:
  (d)  The following authorized users shall have access to the statewide
immunization information system and the blood lead information  in  such
system and the citywide immunization registry for the purposes stated in
this paragraph: (i) schools for verifying immunization status for eligi-
bility  for  admission;  (ii) COLLEGES FOR VERIFYING IMMUNIZATION STATUS
FOR ELIGIBILITY FOR ADMISSION; (III) PROFESSIONAL AND TECHNICAL  SCHOOLS
FOR  VERIFYING  IMMUNIZATION  STATUS FOR ELIGIBILITY FOR ADMISSION; (IV)
CHILDREN'S OVERNIGHT CAMPS AND SUMMER DAY CAMPS FOR VERIFYING  IMMUNIZA-
TION  STATUS  OF  CHILDREN  ATTENDING  CAMP;  (V)  third party payer for
performing quality assurance, accountability and outreach,  relating  to
enrollees  covered  by the third party payer; [(iii)] (VI) commissioners

A. 7734--A                          3

of local social services districts with regard to  a  child  in  his/her
legal  custody;  [(iv)] (VII) the commissioner of the office of children
and family services with regard to children in their legal custody,  and
for  quality  assurance  and  accountability  of  commissioners of local
social services districts, care and treatment of children in the custody
of commissioners of local social services districts;  and  [(v)]  (VIII)
WIC programs for the purposes of verifying immunization and lead testing
status for those seeking or receiving services.
  S 5. Subdivision 8 of section 2168 of the public health law is amended
by adding a new paragraph (e) to read as follows:
  (E)  INSTITUTES OF HIGHER EDUCATION, MEDICAL RESEARCH CENTERS OR OTHER
INSTITUTIONS ENGAGED IN EPIDEMIOLOGICAL RESEARCH OR OTHER PUBLIC  HEALTH
RESEARCH  SHALL  HAVE  ACCESS TO DE-IDENTIFIED REGISTRANT INFORMATION IN
THE STATEWIDE IMMUNIZATION INFORMATION SYSTEM OR THE CITYWIDE  IMMUNIZA-
TION  REGISTRY  FOR RESEARCH PURPOSES IF APPROVED BY THE COMMISSIONER OR
THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE  OF  THE
CITY OF NEW YORK, AS APPROPRIATE.
  S  6.  Subdivision  11  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:
  11.  The commissioner, or in the city of New York, the commissioner of
the department of health and  mental  hygiene,  may  provide  registrant
specific  immunization  AND  LEAD  TEST  records  to other state OR CITY
registries AND REGISTRIES MAINTAINED BY THE INDIAN  HEALTH  SERVICE  AND
TRIBAL  NATIONS RECOGNIZED BY THE STATE OR THE UNITED STATES pursuant to
a written agreement requiring that  the  [out-of-state]  OTHER  registry
conform  to national standards for maintaining the integrity of the data
and will not be used for purposes inconsistent with  the  provisions  of
this section.
  S 7. This act shall take effect immediately.