Senate Bill S5909

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5909
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen.  RIVERA -- 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 requiring  health-
   care  workers  practicing  in  close  proximity  to children less than
   twelve months of age to receive  the  tetanus,  diphtheria,  acellular
   pertussis (Tdap) vaccine
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 2169 to read as follows:
   §  2169.  TDAP  IMMUNIZATION.  1. A. EXCEPT AS PROVIDED IN SUBDIVISION
 THREE OF THIS SECTION, EVERY HOSPITAL AND HEALTHCARE  PRACTICE  IN  THIS
 STATE TREATING CHILDREN LESS THAN TWELVE MONTHS OF AGE SHALL REQUIRE ALL
 HEALTHCARE EMPLOYEES PRACTICING IN CLOSE PROXIMITY TO CHILDREN LESS THAN
 TWELVE  MONTHS  OF  AGE  TO BE IMMUNIZED AGAINST TETANUS, DIPHTHERIA AND
 ACELLULAR PERTUSSIS  THROUGH  ADMINISTRATION  OF  THE  TDAP  VACCINE  IN
 ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER.
   B.   EACH  SUCH  HOSPITAL  AND  HEALTHCARE  PRACTICE  SUBJECT  TO  THE
 PROVISIONS OF THIS SECTION SHALL NOTIFY ITS HEALTHCARE EMPLOYEE  OF  THE
 IMMUNIZATION REQUIREMENTS OF THIS SECTION AND REQUEST THAT EACH EMPLOYEE
 AGREE  TO BE IMMUNIZED AGAINST TETANUS, DIPHTHERIA AND ACELLULAR PERTUS-
 SIS THROUGH ADMINISTRATION OF THE TDAP VACCINE.
   2. EACH HOSPITAL OR HEALTHCARE PRACTICE SUBJECT TO THE  PROVISIONS  OF
 THIS  SECTION  SHALL REQUIRE DOCUMENTATION OF IMMUNIZATION AGAINST TETA-
 NUS, DIPHTHERIA AND ACELLULAR PERTUSSIS FOR EACH EMPLOYEE PRACTICING  IN
 CLOSE PROXIMITY TO CHILDREN LESS THAN TWELVE MONTHS OF AGE. UPON FINDING
 THAT  AN  EMPLOYEE  IS LACKING SUCH IMMUNIZATION OR IS UNABLE TO PROVIDE
 DOCUMENTATION THAT HE OR SHE HAS RECEIVED THE APPROPRIATE  IMMUNIZATION,
 THE HOSPITAL OR HEALTHCARE PRACTICE SHALL PROVIDE OR ARRANGE FOR IMMUNI-
 ZATION.  AN  INDIVIDUAL  WHO IS NEWLY EMPLOYED AS AN EMPLOYEE SHALL HAVE
 HIS OR HER IMMUNIZATION STATUS DETERMINED BY THE HOSPITAL OR  HEALTHCARE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09901-04-9

 S. 5909                             2
 
 PRACTICE, AND IF FOUND TO BE DEFICIENT, THE HOSPITAL OR HEALTHCARE PRAC-
 TICE SHALL PROVIDE OR ARRANGE FOR THE NECESSARY IMMUNIZATION.
   3.  A.  NO INDIVIDUAL SHALL BE REQUIRED TO RECEIVE THE TDAP VACCINE IF
 THE VACCINE IS MEDICALLY CONTRAINDICATED, OR IF IT IS AGAINST HIS OR HER
 RELIGIOUS BELIEFS, OR IF HE OR SHE REFUSES THE VACCINE AFTER BEING FULLY
 INFORMED OF THE HEALTH RISKS OF SUCH ACTION.
   B. AN INDIVIDUAL WHO HAS NOT RECEIVED THE VACCINE FOR ANY REASON SPEC-
 IFIED IN PARAGRAPH A OF THIS SUBDIVISION SHALL WEAR A MASK WHEN TREATING
 CHILDREN LESS THAN TWELVE MONTHS OF AGE OR SHALL BE ASSIGNED TO A  POSI-
 TION  WHERE  ENCOUNTERING  CHILDREN  LESS  THAN  TWELVE MONTHS OF AGE IS
 UNLIKELY.
   4. FOR THE PURPOSES OF THIS SECTION:
   A. "DOCUMENTATION" MEANS WRITTEN EVIDENCE FROM AN INDIVIDUAL'S HEALTH-
 CARE PROVIDER INDICATING THE DATE AND PLACE WHEN THE INDIVIDUAL RECEIVED
 THE TDAP VACCINE.
   B. "EMPLOYEE" MEANS  AN  INDIVIDUAL  EMPLOYED  (WHETHER  DIRECTLY,  BY
 CONTRACT  WITH  ANOTHER  ENTITY  OR  AS  AN INDEPENDENT CONTRACTOR) BY A
 HOSPITAL OR HEALTHCARE PRACTICE, ON A PART-TIME OR FULL-TIME BASIS.
   C. "MEDICALLY CONTRAINDICATED" MEANS THE TDAP VACCINE  SHOULD  NOT  BE
 ADMINISTERED TO AN INDIVIDUAL BECAUSE IT MAY BE DETRIMENTAL TO THE INDI-
 VIDUAL'S HEALTH IF THE INDIVIDUAL RECEIVES THE VACCINE.
   5.  A.  THE  COMMISSIONER SHALL PROMULGATE REGULATIONS RELATING TO THE
 IMMUNIZATION REQUIREMENTS OF THIS SECTION, TAKING INTO CONSIDERATION THE
 RECOMMENDATIONS OF  THE  CENTERS  FOR  DISEASE  CONTROL  AND  PREVENTION
 INCLUDING, BUT NOT LIMITED TO, REGULATIONS AUTHORIZING THE WAIVER OF THE
 REQUIREMENTS OF THIS SECTION FOR ANY HEALTHCARE WORKER WHOSE BLOOD TEST-
 ING  REVEALS IMMUNITY TO PERTUSSIS AS EVIDENCED BY A SUFFICIENT ANTIBODY
 TITER.
   B. THE COMMISSIONER SHALL MAKE AVAILABLE EDUCATIONAL AND INFORMATIONAL
 MATERIALS TO ALL HOSPITALS AND HEALTHCARE PRACTICES IN THIS STATE TREAT-
 ING CHILDREN LESS THAN TWELVE MONTHS OF AGE WITH RESPECT TO  VACCINATION
 AGAINST TETANUS, DIPHTHERIA AND ACELLULAR PERTUSSIS.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date upon which it shall have become a law. Effective immediate-
 ly the addition, amendment and/or  repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such date.