The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3192
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M.  of  A.  FAHY, DINOWITZ, MAGNARELLI, HEVESI, DICKENS,
   EPSTEIN, CRUZ, WILLIAMS,  WALLACE,  SIMON,  GLICK  --  read  once  and
   referred to the Committee on Health
 
 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 THE 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 INDICATED FOR THE MINOR
 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,
 AND IS CONSISTENT WITH A RECOMMENDATION OF  THE  ADVISORY  COMMITTEE  ON
 IMMUNIZATION PRACTICES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION
 WITH  RESPECT  TO  THE  PATIENT  INVOLVED,  OR  WHICH IS APPROVED BY THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06988-01-1

 A. 3192                             2
 
 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.