|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 05, 2022||referred to health|
|Feb 25, 2021||referred to health|
senate Bill S5157
Archive: Last Bill Status - In Senate Committee Health Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5157 (ACTIVE) - Details
S5157 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5157 SPONSOR: LANZA TITLE OF BILL: 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 PURPOSE: To make the State of New York strictly liable for damages stemming from certain vaccine-related injuries. SUMMARY OF PROVISIONS: This bill allows the State to be held liable for an injury caused by the administration of a vaccine if the plaintiff establishes that: 1) The vaccine was mandated by State law, rule, or regulation as:
S5157 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5157 2021-2022 Regular Sessions I N S E N A T E February 25, 2021 ___________ 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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