The New York State Senate

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

                                  6564

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                             March 12, 2019
                               ___________

Introduced  by  M. of A. FAHY, BURKE, DINOWITZ -- read once and referred
  to the Committee on Health

AN ACT to amend the public health law, in relation  to  immunization  of
  children who are at least fourteen years of age

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2164 of the public health law is amended by  adding
a new subdivision 9-a to read as follows:
  9-A.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, A CHILD WHO IS AT
LEAST FOURTEEN YEARS OF AGE SHALL HAVE  THE  RIGHT,  REGARDLESS  OF  THE
CONSENT  FROM ANY PERSON IN PARENTAL RELATION TO SUCH CHILD, AND SUBJECT
TO THE APPLICABLE GRADE OR COMPARABLE AGE LEVEL  REQUIREMENTS,  TO  HAVE
ADMINISTERED  TO  HIMSELF  OR  HERSELF  AN ADEQUATE DOSE OR DOSES OF THE
IMMUNIZING AGENTS, AND THE BOOSTER IMMUNIZATION AND VACCINE DESCRIBED IN
SUBDIVISION TWO OF THIS SECTION.
  § 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10357-01-9

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

                                 6564--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                             March 12, 2019
                               ___________

Introduced  by M. of A. FAHY, BURKE, DINOWITZ, MAGNARELLI, HEVESI, DICK-
  ENS, EPSTEIN, McDONALD, CRUZ, McMAHON, WILLIAMS, SIMON, WALLACE, GLICK
  -- read once and referred to the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the public health law, in relation to immunization of
  children who are at least fourteen years of age

  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
2167-a to read as follows:
  § 2167-A. ADMINISTERING A VACCINE TO A MINOR;  CONSENT.  1.  A  HEALTH
CARE  PRACTITIONER,  ACTING  WITHIN  THEIR LAWFUL SCOPE OF PRACTICE, MAY
ADMINISTER IMMUNIZATIONS REQUIRED UNDER THIS TITLE TO A PERSON WHO IS AT
LEAST FOURTEEN YEARS OF AGE WITHOUT THE  CONSENT  OR  KNOWLEDGE  OF  THE
PARENTS OR GUARDIAN OF SAID PERSON, IF THE MINOR HAS CAPACITY TO CONSENT
AND CONSENTS TO THE IMMUNIZATIONS.
  2.  PRIOR  TO  ADMINISTERING  ANY IMMUNIZATION UNDER THIS SECTION, THE
HEALTH CARE PRACTITIONER SHALL CONSULT WITH AND  COUNSEL  THE  MINOR  TO
ENSURE  THAT  THE MINOR FULLY UNDERSTANDS AND APPRECIATES THE NATURE AND
CONSEQUENCES OF RECEIVING THE IMMUNIZATION, HAS THE CAPACITY TO CONSENT,
AND THAT THE IMMUNIZATION IS NOT CONTRAINDICATED BY THE MINOR'S  MEDICAL
HISTORY.
  § 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10357-03-9

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

                                 6564--B

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                             March 12, 2019
                               ___________

Introduced  by M. of A. FAHY, BURKE, DINOWITZ, MAGNARELLI, HEVESI, DICK-
  ENS, EPSTEIN, McDONALD, CRUZ,  WILLIAMS,  SIMON,  MORINELLO,  WALLACE,
  GLICK  -- read once and referred to the Committee on Health -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted  to  said  committee -- again reported from said committee with
  amendments, ordered reprinted  as  amended  and  recommitted  to  said
  committee

AN ACT to amend the public health law, in relation to the administration
  of vaccines to children who are at least fourteen years of age

  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
2167-a to read as follows:
  §  2167-A.  ADMINISTERING  A VACCINE TO A MINOR; CONSENT. 1.  A HEALTH
CARE PRACTITIONER MAY ADMINISTER A VACCINE TO A MINOR WHO  IS  AT  LEAST
FOURTEEN  YEARS OF AGE IF THE MINOR HAS CAPACITY TO CONSENT AND PROVIDES
INFORMED CONSENT TO THE ADMINISTERING OF THE VACCINE.
  2. PRIOR TO ADMINISTERING ANY VACCINE UNDER THIS SECTION,  THE  HEALTH
CARE  PRACTITIONER  SHALL  CONSULT  WITH AND COUNSEL THE MINOR TO ENSURE
THAT THE MINOR FULLY UNDERSTANDS AND APPRECIATES THE NATURE  AND  CONSE-
QUENCES  OF  RECEIVING  THE  VACCINE, HAS THE CAPACITY TO CONSENT AND IS
PROVIDING INFORMED CONSENT, AND THAT THE VACCINE IS NOT  CONTRAINDICATED
BY THE MINOR'S MEDICAL HISTORY.
  3. FOR THE PURPOSES OF THIS SECTION:
  A.  "HEALTH  CARE  PRACTITIONER"  MEANS  A  HEALTH  CARE  PRACTITIONER
LICENSED, CERTIFIED OR OTHERWISE  AUTHORIZED  TO  PRACTICE  UNDER  TITLE
EIGHT  OF  THE  EDUCATION  LAW,  ACTING WITHIN THE PRACTITIONER'S LAWFUL
SCOPE OF PRACTICE.
  B. "VACCINE" MEANS A BIOLOGICAL PRODUCT INTENDED TO  CONFER  IMMUNIZA-
TION  TO  AN  INFECTION OR DISEASE WHICH MEETS THE STANDARDS APPROVED BY
THE UNITED STATES PUBLIC HEALTH SERVICE FOR SUCH BIOLOGICAL PRODUCTS, OR

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

                                                           LBD10357-07-9

A. 6564--B                          2

WHICH IS APPROVED BY THE DEPARTMENT UNDER  SUCH  CONDITIONS  AS  MAY  BE
SPECIFIED BY THE PUBLIC HEALTH COUNCIL.
  C.  "CAPACITY  TO  CONSENT"  MEANS AN INDIVIDUAL'S ABILITY, DETERMINED
WITHOUT REGARD TO THE INDIVIDUAL'S AGE, TO UNDERSTAND AND APPRECIATE THE
NATURE AND CONSEQUENCES OF THE PROPOSED  VACCINATION,  AND  TO  MAKE  AN
INFORMED DECISION CONCERNING THE ADMINISTRATION OF THE VACCINE.
  § 2. This act shall take effect immediately.