senate Bill S8032

2019-2020 Legislative Session

Relates to establishing strict liability for injuries caused by required immunizations

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Health Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 11, 2020 referred to health

S8032 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §2113, Pub Health L; amd §9, Ct Claims Act

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.

S8032 (ACTIVE) - Sponsor Memo

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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