Senate Bill S8032

2019-2020 Legislative Session

Relates to establishing strict liability for injuries caused by required immunizations

download bill text pdf

Sponsored By

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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2019-S8032 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §2113, Pub Health L; amd §9, Ct Claims Act
Versions Introduced in Other Legislative Sessions:
2021-2022: S5157
2023-2024: S4316

2019-S8032 (ACTIVE) - Summary

Establishes a claim for strictly liable against the state for any injury caused by the administration of an immunization which is mandated by a state law and gives the court of claims the power and jurisdiction to hear such a claim.

2019-S8032 (ACTIVE) - Sponsor Memo

2019-S8032 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8032
 
                             I N  S E N A T E
 
                              March 11, 2020
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law and the court of  claims  act,  in
   relation  to  establishing  strict  liability  for  injuries caused by
   required immunizations
 
   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
 2113 to read as follows:
   § 2113. VACCINATIONS; LIABILITY.  1.  FOR  PURPOSES  OF  THIS  SECTION
 "HEALTH  PRACTITIONER"  SHALL  MEAN  AN  INDIVIDUAL WHO IS EMPLOYED AS A
 PUBLIC EMPLOYEE OR ANY OTHER PERSON AUTHORIZED BY LAW TO  ADMINISTER  AN
 IMMUNIZATION TO ENSURE COMPLIANCE WITH THE STATE'S IMMUNIZATION REQUIRE-
 MENTS PURSUANT TO THIS CHAPTER.
   2.  NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, THE STATE
 SHALL BE STRICTLY LIABLE FOR ANY INJURY CAUSED BY THE ADMINISTRATION  OF
 AN  IMMUNIZATION  THAT  IS INTENDED TO PREVENT OR MINIMIZE THE SPREAD OF
 DISEASE AND TO PROTECT PUBLIC HEALTH IF AN INDIVIDUAL ESTABLISHES THAT:
   (A) SUCH IMMUNIZATION WAS MANDATED BY A STATE LAW, RULE OR  REGULATION
 AS:
   (I)  A CONDITION OF ATTENDANCE AT A PUBLIC, PRIVATE OR PAROCHIAL CHILD
 CARING CENTER, DAY NURSERY, DAY CARE AGENCY, NURSERY SCHOOL,  ELEMENTARY
 SCHOOL,  SECONDARY  SCHOOL  OR AN INSTITUTION OF HIGHER EDUCATION AT THE
 TIME OF THE IMMUNIZATION'S ADMINISTRATION; OR
   (II) AN EMERGENCY DECLARATION ISSUED BY THE COMMISSIONER OR THE GOVER-
 NOR AT THE TIME OF THE IMMUNIZATION'S ADMINISTRATION;
   (B) SUCH IMMUNIZATION WAS ADMINISTERED BY A HEALTH PRACTITIONER; AND
   (C) THE INJURY WAS PROXIMATELY CAUSED BY THE  ADMINISTRATION  OF  SUCH
 IMMUNIZATION.
   3. A HEALTH PRACTITIONER SHALL NOT BE LIABLE FOR ANY INJURY ALLEGED TO
 HAVE  BEEN SUSTAINED BY AN INDIVIDUAL BY REASON OF AN ACT OR OMISSION IN
 THE ADMINISTERING OF SUCH IMMUNIZATION UNLESS  IT  IS  ESTABLISHED  THAT
 SUCH  INJURY  WAS  CAUSED BY GROSS NEGLIGENCE ON THE PART OF SUCH HEALTH
 PRACTITIONER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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