S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8074
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 31, 2019
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law,  in  relation  to  requiring  any
   health  care  practitioner who treats a child to provide the parent of
   such child with evidence-based information about certain immunizations

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 2 of section 2995 of the public health law is
 amended by adding three new paragraphs (f), (g),  and  (h)  to  read  as
 follows:
   (F)  "HEALTH  CARE PRACTITIONER" SHALL MEAN A PHYSICIAN, NURSE PRACTI-
 TIONER, OR PHYSICIAN ASSISTANT OR OTHER HEALTH CARE PRACTITIONER  ACTING
 WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE.
   (G)  "CHILD" SHALL MEAN AND INCLUDE ANY PERSON BETWEEN THE AGES OF TWO
 MONTHS AND EIGHTEEN YEARS.
   (H) "PERSON IN PARENTAL RELATION TO A CHILD" SHALL  MEAN  AND  INCLUDE
 HIS  OR  HER  FATHER OR MOTHER, BY BIRTH OR ADOPTION, HIS OR HER LEGALLY
 APPOINTED GUARDIAN, OR HIS OR HER CUSTODIAN. A PERSON SHALL BE  REGARDED
 AS THE CUSTODIAN OF A CHILD IF HE OR SHE HAS ASSUMED THE CHARGE AND CARE
 OF  THE  CHILD  BECAUSE THE PARENTS OR LEGALLY APPOINTED GUARDIAN OF THE
 MINOR HAVE DIED, ARE IMPRISONED, ARE MENTALLY ILL, OR HAVE BEEN  COMMIT-
 TED  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.
   § 2. The public health law is amended by adding a new section 2997-f-1
 to read as follows:
   § 2997-F-1. PROVISION OF INFORMATION RELATING TO IMMUNIZATION. 1.  ANY
 HEALTH  CARE PRACTITIONER WHO TREATS A CHILD SHALL PROVIDE THE PERSON IN
 PARENTAL RELATION TO SUCH CHILD WITH THE FOLLOWING WRITTEN  INFORMATION:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11809-02-9

 A. 8074                             2
 
 CURRENT   AND  EVIDENCE-BASED  INFORMATION  ABOUT  IMMUNIZATION  AGAINST
 POLIOMYELITIS, MUMPS, MEASLES, DIPHTHERIA, RUBELLA, VARICELLA, HAEMOPHI-
 LUS INFLUENZAE TYPE B (HIB), PERTUSSIS, TETANUS,  PNEUMOCOCCAL  DISEASE,
 MENINGOCOCCAL  DISEASE, AND HEPATITIS B THAT HAS BEEN REVIEWED BY ONE OR
 MORE ACCREDITED MEDICAL EXPERTS.
   2. (A) THE COMMISSIONER SHALL PROVIDE WRITTEN  INFORMATION  TO  HEALTH
 CARE  PRACTITIONERS  NECESSARY  TO  IMPLEMENT  SUBDIVISION  ONE  OF THIS
 SECTION, AND SHALL POST SUCH INFORMATION ON THE DEPARTMENT'S WEBSITE.
   (B) THE COMMISSIONER SHALL ENSURE THAT SUCH INFORMATION IS  CULTURALLY
 AND LINGUISTICALLY APPROPRIATE FOR ALL RECIPIENTS.
   (C)  ANY  LOCAL  OR  NATIONAL  ORGANIZATION THAT PROVIDES EDUCATION OR
 SERVICES RELATED TO IMMUNIZATION AGAINST POLIOMYELITIS, MUMPS,  MEASLES,
 DIPHTHERIA,  RUBELLA,  VARICELLA,  HAEMOPHILUS  INFLUENZAE TYPE B (HIB),
 PERTUSSIS, TETANUS, PNEUMOCOCCAL  DISEASE,  MENINGOCOCCAL  DISEASE,  AND
 HEPATITIS  B  MAY  REQUEST  THAT THE COMMISSIONER INCLUDE SUCH ORGANIZA-
 TION'S INFORMATIONAL MATERIAL AND CONTACT  INFORMATION  ON  THE  DEPART-
 MENT'S  WEBSITE.  ONCE  SUCH A REQUEST IS MADE, THE COMMISSIONER MAY ADD
 THE INFORMATION TO THE DEPARTMENT'S WEBSITE AT HIS OR HER DISCRETION.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.