NY State Senate Bill 2017-S4936

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2017	referred to health

2017-S4936 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§2164 & 613, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1983
2011-2012: S98
2013-2014: S789
2015-2016: S117

2017-S4936 (ACTIVE) - Summary

Encourages, through the provision of written educational materials and consultation, the voluntary vaccination against human papillomavirus (HPV) for school-aged children by their parents or guardians.

2017-S4936 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4936

 TITLE OF BILL :

An act to amend the public health law, in relation to encouraging
immunization against human papillomavirus (HPV)

 PURPOSE OR GENERAL IDEA OF BILL :

Encourages voluntary, informed vaccination against human
papillomavirus (HPV).

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Amends the Public Health Law, section 2164(2)(5)(6).
Requires that parents and guardians of a child in New York State be
encouraged, through the provision of written educational materials and
consultation, to administer to such child an adequate dose or doses of
An immunizing agent against human papillomavirus (HPV) which meets the
standards approved by the United States Public Health Service.
Provides that every parent and guardian of a child born after January
1, 1994 and entering the sixth grade or is of a comparable age level
on or after September 1, 2016, shall, through the provision of written
educational materials and consultation, have administered a HPV
booster immunization. Requires the health practitioner who administers
the HPV immunization to provide the parent or guardian with a

certificate of such immunization. In the event that no certificate or
other acceptable evidence of HPV immunization exists, the parent or
guardian shall be informed by the principal, teacher, owner or person
in charge of the school of the efficacy of voluntary HPV immunization.

Section 2. Amends the Public Health Law, section 613(1)(a). Requires
the Commissioner of Health to develop educational efforts to encourage
informed, voluntary HPV vaccinations.

Section 3. Effective Date

 EXISTING LAW :

None

 JUSTIFICATION :

Cervical cancer is a worldwide public health issue, and the HPV
vaccine may be the solution to it. Every year, 11,000 American women
have cervical cancer, and two million more have abnormal pap smears,
almost all due to a viral infection.

The Catholic Health Association of the United States says that
preventing a life-threatening disease and sexual promiscuity are
different issues. Preventing disease is the responsibility of the
health care provider, and this vaccine is a way to do that.

 PRIOR LEGISLATIVE HISTORY :

2016: S.117A - REFERRED TO HEALTH
2015: S.117 - REFERRED TO HEALTH
2014: S.789A - Amend and Recommit to Health
2013: S.789- Referred to Health/A.766-Enacting Clause Stricken
2012: S.98A - Amend and and Recommit to Health/A.2360-A-Amend and
Recommit to Health
2011: S.98 - Notice of Committee Consideration Requested/A.2360
Referred to Health
2009-10: S.1983A - Referred to Health/A.3203A - Referred to Health
2007-08: A.7403 - Referred to Health

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
Immediately.

2017-S4936 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4936
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 Introduced  by  Sen.  DIAZ  --  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 encouraging immun-
   ization against human papillomavirus (HPV)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The section heading and subdivisions 2, 5 and 6 of section
 2164 of the public health law, as amended by chapter 401 of the laws  of
 2015, are amended to read as follows:
   Definitions;   immunization  against  poliomyelitis,  mumps,  measles,
 diphtheria, rubella, varicella, HUMAN PAPILLOMAVIRUS (HPV),  Haemophilus
 influenzae  type  b  (Hib),  pertussis,  tetanus,  pneumococcal disease,
 meningococcal disease, and hepatitis B.
   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. EVERY PERSON IN
 PARENTAL RELATION TO A CHILD IN THIS STATE SHALL BE ENCOURAGED,  THROUGH
 THE PROVISION OF WRITTEN EDUCATIONAL MATERIALS AND CONSULTATION, TO HAVE
 ADMINISTERED  TO  SUCH  CHILD AN ADEQUATE DOSE OR DOSES OF AN IMMUNIZING
 AGENT AGAINST HUMAN  PAPILLOMAVIRUS  (HPV)  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07132-01-7

 S. 4936                             2
 
 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.  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  UNASSIGNED
 GRADE  ON  OR  AFTER  SEPTEMBER  FIRST,  TWO THOUSAND EIGHTEEN, SHALL BE
 ENCOURAGED, THROUGH THE PROVISION OF WRITTEN EDUCATIONAL  MATERIALS  AND
 CONSULTATION, TO HAVE ADMINISTERED TO SUCH CHILD A BOOSTER IMMUNIZATION,
 WHERE  APPLICABLE,  AGAINST  HUMAN  PAPILLOMAVIRUS (HPV) 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 seventh grade and twelfth grade or  a  comparable  age
 level  special  education  program  with an unassigned grade on or after
 September first, two thousand sixteen, shall have administered  to  such
 child an adequate dose or doses of immunizing agents against meningococ-
 cal  disease  as  recommended  by the advisory committee on immunization
 practices of the centers for disease control and prevention, 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  and  planning
 council.
   5.  The  health  practitioner  who  administers  such immunizing agent
 against poliomyelitis, mumps, measles, diphtheria, Haemophilus  influen-
 zae  type  b  (Hib),  rubella,  varicella,  HUMAN  PAPILLOMAVIRUS (HPV),
 pertussis, tetanus, pneumococcal  disease,  meningococcal  disease,  and
 hepatitis B to any such child shall give a certificate of such immuniza-
 tion 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,  OR  IN  THE CASE OF HUMAN PAPILLOMAVIRUS (HPV) THE
 EFFICACY OF VOLUNTARILY HAVING, the child immunized, that such immuniza-
 tion may be administered by any health practitioner, or that  the  child
 may  be  immunized  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  appli-
 cation 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.

 S. 4936                             3
 
   § 2. Paragraph (a) of subdivision 1  of  section  613  of  the  public
 health law, as amended by section 24 of part E of chapter 56 of the laws
 of 2013, is amended to read as follows:
   (a)  The  commissioner  shall develop and supervise the execution of a
 program of immunization, surveillance and testing, to raise to the high-
 est reasonable level the immunity of the children of the  state  against
 communicable  diseases including, but not limited to, influenza, poliom-
 yelitis, measles, mumps, rubella, haemophilus influenzae type  b  (Hib),
 diphtheria,  pertussis,  tetanus,  varicella,  hepatitis B, pneumococcal
 disease, and the immunity of adults of the state against diseases  iden-
 tified  by  the  commissioner,  including  but not limited to influenza,
 smallpox, hepatitis and such other  diseases  as  the  commissioner  may
 designate  through regulation.   Municipalities in the state shall main-
 tain local programs of immunization to raise the immunity of  the  chil-
 dren and adults of each municipality to the highest reasonable level, in
 accordance  with  an  application for state aid submitted by the munici-
 pality and approved by the commissioner.  Such  programs  shall  include
 assurance  of  provision  of vaccine, serological testing of individuals
 and educational efforts to inform health care providers and target popu-
 lations or their parents, if they are minors, of the facts  relative  to
 these  diseases  and  immunizations to prevent their occurrence.  EDUCA-
 TIONAL EFFORTS SHALL INCLUDE, BUT NOT BE LIMITED TO,  INFORMATION  ABOUT
 THE EFFICACY OF IMMUNIZING AGAINST HUMAN PAPILLOMAVIRUS (HPV) TO ENCOUR-
 AGE INFORMED, VOLUNTARY VACCINATIONS.
   § 3. This act shall take effect immediately.

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Senate Bill S4936

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Archive: Last Bill Status - In Senate Committee Health Committee

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2017-S4936 (ACTIVE) - Details

2017-S4936 (ACTIVE) - Summary

2017-S4936 (ACTIVE) - Sponsor Memo

2017-S4936 (ACTIVE) - Bill Text download pdf

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Sponsored By

Ruben Diaz

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

2017-S4936 (ACTIVE) - Details

2017-S4936 (ACTIVE) - Summary

2017-S4936 (ACTIVE) - Sponsor Memo

2017-S4936 (ACTIVE) - Bill Text download pdf

Comments