NY State Senate Bill 2021-S6287B

Senate Bill S6287B

2021-2022 Legislative Session

Requires the provision of informational materials to child care providers and certain physicians and midwives regarding the impacts and dangers of congenital cytomegalovirus infection

download bill text pdf

Archive: Last Bill Status - Passed Senate & Assembly

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2022	returned to senate passed assembly ordered to third reading rules cal.406 substituted for a7560b
May 23, 2022	referred to children and families returned to assembly repassed senate
May 16, 2022	amended on third reading (t) 6287c
May 16, 2022	vote reconsidered - restored to third reading returned to senate recalled from assembly
May 09, 2022	referred to children and families returned to assembly repassed senate
Apr 27, 2022	amended on third reading (t) 6287b
Apr 27, 2022	vote reconsidered - restored to third reading returned to senate recalled from assembly
Mar 23, 2022	referred to children and families delivered to assembly passed senate
Mar 14, 2022	advanced to third reading
Mar 10, 2022	2nd report cal.
Mar 09, 2022	1st report cal.683
Jan 05, 2022	referred to children and families returned to senate died in assembly
Jun 01, 2021	referred to children and families delivered to assembly passed senate
May 24, 2021	advanced to third reading amended (t) 6287a
May 20, 2021	2nd report cal.
May 18, 2021	1st report cal.1128
Apr 20, 2021	referred to children and families

Votes

- May 23, 2022 - Floor Vote
  S6287B
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 23, 2022
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      excused (2)
      
      Brouk
      
      Sanders Jr.
  Mar 9, 2022 - Children And Families Committee Vote
  S6287B
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: Mar 9, 2022
      
      aye (7)
      
      Bailey
      
      Brisport
      
      Mannion
      
      Martucci
      
      Persaud
      
      Salazar
      
      Stec

Bill Amendments

Original

C (Active)

2021-S6287 - Details

Law Section:: Social Services Law
Laws Affected:: Amd §390, Soc Serv L; amd §266, ren Art 2 Title 6 to be Title 6-A, ren §266 to be §266-a, Pub Health L

2021-S6287 - Summary

Establishes "Elizabeth's law"; requires child care providers to be provided with informational materials on the impacts and dangers of congenital cytomegalovirus infection and the treatments and methods of prevention of cytomegalovirus infection; requires distribution of materials relating to cytomegalovirus by certain physicians.

2021-S6287 - Sponsor Memo

                                 
BILL NUMBER: S6287

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the social services law, in relation to requiring child
care providers to be trained on the impacts and dangers of congenital
cytomegalovirus infection and the treatments and methods of prevention
of cytomegalovirus infection

 
PURPOSE OR GENERAL IDEA OF BILL:

To require training for all childcare providers of the State on the
occurrence and transmission of Congenital Cytomegalovirus (CMV), the
birth defects CMV can cause, methods of diagnosis, available preventa-
tive measures, treatment of CMV and other relevant resources available
for families of children born with CMV.

 
SUMMARY OF PROVISIONS:

Section 1. Amends subparagraphs (ix) and (x) of paragraph (b) of subdi-
vision 3 of section 390-a of the social services law by adding a new

subparagraph (xi) to expand the training requirements for operators,
program directors, employees and assistants of family day care homes,
group family day care homes and child day care centers to include the
occurrence and transmission of congenital cytomegalovirus (CMV)
infection, as well as birth defects that CMV can cause, methods for
diagnosis and treatment, and preventative measures for CMV.

 
JUSTIFICATION:

Congenital Cytomegalovirus (CMV) infection can lead to long term health
problems in babies and young children including hearing loss, develop-
mental and motor delay, vision loss, microcephaly and seizures. Accord-
ing to the Centers for Disease Control and Prevention (CDC), most babies
with CMV never show any signs or health problems and some babies with
CMV have health problems that are apparent at birth or develop during
infancy/childhood. Some babies without signs of CMV at birth may have
hearing loss, which may be present at birth or develop later, even in
babies who passed the newborn hearing test.

Although CMV is common and poses a health risk to babies, young chil-
dren, child care providers and parents, the current law does not require
child care providers to be trained on the occurrence and transmission of
CMV. This legislation seeks to require all child care providers in the
State be trained on the transmission, occurrence, birth defects, methods
of diagnosis, available preventative measures, treatment of CMV and
other relevant resources available for families of children born with
CMV.

According to the CDC, in the United States, nearly one in three children
are already infected with CMV by the age of five and over half of adults
have been infected with CMV by age forty.  Additionally, once CMV is in
a person's body, it remains there for life and can reactivate with a
different strain of the virus. People with CMV may experience a fever,
sore throat, fatigue, swollen glands, mononucleosis or hepatitis and can
pass the virus to other adults through saliva, urine, blood, tears and
sexual contact.  Pregnant women can pass CMV to their unborn baby, as
the woman's blood can cross through the placenta and infect the baby or
through breast feeding.  Child care providers and parents of young chil-
dren are especially susceptible to this virus as it is common among
young children. The CDC recommends child care providers and parents
reduce contact with saliva and/or urine from babies and other young
children by not sharing food, utensils or cups and washing hands after
changing diapers, as the saliva and urine of children with CMV have high
amounts of the virus. This legislation will ensure that such recommenda-
tions are known to those who care for children and may be at risk for
contracting or carrying CMV.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

TBD.

 
EFFECTIVE DATE:
180 days after it shall have become law; authorization provided for
agency to add, amend or repeal any rule or regulation necessary for the
implementation of the act on or before the effective date.

2021-S6287 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6287
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 20, 2021
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the social services law, in relation to requiring  child
   care  providers to be trained on the impacts and dangers of congenital
   cytomegalovirus infection and the treatments and methods of prevention
   of cytomegalovirus infection
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act shall be known and may be cited as "Elizabeth's
 law".
   § 2. Subparagraphs (ix) and (x) of paragraph (b) of subdivision  3  of
 section  390-a  of the social services law, subparagraph (ix) as amended
 and subparagraph (x) as added by chapter 675 of the laws  of  2019,  are
 amended to read as follows:
   (ix)  for  operators,  program  directors, employees and assistants of
 family day care homes, group family day care homes and  child  day  care
 centers,  education and information on the identification, diagnosis and
 prevention of shaken baby syndrome; [and]
   (x) adverse childhood experiences  (ACEs),  focused  on  understanding
 trauma and on nurturing resiliency; AND
   (XI) OCCURRENCE, TRANSMISSION, BIRTH DEFECTS, METHODS OF DIAGNOSIS AND
 PREVENTIVE MEASURES OF CYTOMEGALOVIRUS.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10814-02-1

co-Sponsors

2021-S6287A - Details

Law Section:: Social Services Law
Laws Affected:: Amd §390, Soc Serv L; amd §266, ren Art 2 Title 6 to be Title 6-A, ren §266 to be §266-a, Pub Health L

2021-S6287A - Summary

2021-S6287A - Sponsor Memo

                                 
BILL NUMBER: S6287A

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the social services law, in relation to requiring child
care providers to be trained on the impacts and dangers of congenital
cytomegalovirus infection and the treatments and methods of prevention
of cytomegalovirus infection; and to amend the public health law, in
relation to requiring certain physicians to distribute informational
materials concerning cytomegalovirus

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will protect those most susceptible to cytomegalovirus
by requiring information be provided to childcare providers and people -
who are pregnant.

 
SUMMARY OF PROVISIONS:

Section one titles the bill "Elizabeth's law".

Section two amends subparagraphs (ix) and (x) of paragraph (b) of subdi-
vision 3 of section 390-a of the social services law.

Section three amends the public health law by adding a new section 2523.
Section four sets forth the effective date.

 
JUSTIFICATION:

Chapter 307 of the laws of 2018 requires that all newborns who fail
their initial hearing screening be tested for cytomegalovirus (CMV), a
common congenital viral infection and the leading non-genetic cause of
deafness in children. While most CMV infections do not cause harmful
side effects and those infected may not show any signs or symptoms, the
effects have the potential to be devastating to a fetus. 20,000 to
40,000 infants are born with CMV and nationwide roughly 400 children die
from CMV annually. Despite many infants appearing asymptomatic at birth,
at least 20 percent of those with CMV will develop permanent disabili-
ties, such as hearing loss, microcephaly, intellectual deficits and
vision abnormalities. CMV is commonly transmitted through contact with
saliva or urine, often from diaper-wearing children to adults. Pregnant
people who are infected with CMV can then transmit the virus to their
fetus in utero. Given the risks associated with CMV, it is important
that people who are pregnant or work closely with young children are
given the information necessary to keep themselves and their families
safe.  However, CMV remains a fairly unknown condition: a nationwide
survey found that less than half of obstetrician-gynecologists tell
pregnant patients how to avoid CMV. Greater education on how to avoid
CMV infection, such as avoiding sharing food or utensils with young
children and frequent hand washing, will aid in preventing countless CMV
infections.

This legislation will require that information on the risks associated
with and transmission of CMV be added to the training already required
of childcare providers and that the New York State Department of Health
provide informational materials on the risks and transmission of CMV to
obstetrician-gynecologists statewide to provide to pregnant patients
upon their initial visit.
 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

: TBD.

 
EFFECTIVE DATE:
180 days after it shall have become law; authorization provided for
agency to add, amend or repeal any rule or regulation necessary for the
implementation of the act on or before the effective date.

2021-S6287A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6287--A
     Cal. No. 1128
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 20, 2021
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and  Families  --
   reported  favorably  from  said committee, ordered to first and second
   report, amended on second report, ordered to a third reading,  and  to
   be  reprinted  as  amended,  retaining its place in the order of third
   reading
 
 AN ACT to amend the social services law, in relation to requiring  child
   care  providers to be trained on the impacts and dangers of congenital
   cytomegalovirus infection and the treatments and methods of prevention
   of cytomegalovirus infection; and to amend the public health  law,  in
   relation  to  requiring certain physicians to distribute informational
   materials concerning cytomegalovirus
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act shall be known and may be cited as "Elizabeth's
 law".
   § 2. Subparagraphs (ix) and (x) of paragraph (b) of subdivision  3  of
 section  390-a  of the social services law, subparagraph (ix) as amended
 and subparagraph (x) as added by chapter 675 of the laws  of  2019,  are
 amended to read as follows:
   (ix)  for  operators,  program  directors, employees and assistants of
 family day care homes, group family day care homes and  child  day  care
 centers,  education and information on the identification, diagnosis and
 prevention of shaken baby syndrome; [and]
   (x) adverse childhood experiences  (ACEs),  focused  on  understanding
 trauma and on nurturing resiliency; AND
   (XI) OCCURRENCE, TRANSMISSION, BIRTH DEFECTS, METHODS OF DIAGNOSIS AND
 PREVENTIVE MEASURES OF CYTOMEGALOVIRUS.
   §  3. The public health law is amended by adding a new section 2523 to
 read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10814-03-1

 S. 6287--A                          2
 
   § 2523. CYTOMEGALOVIRUS. 1. THE COMMISSIONER SHALL DEVELOP  COMPREHEN-
 SIVE  INFORMATIONAL  MATERIALS,  WHICH SHALL INCLUDE, BUT NOT BE LIMITED
 TO, THE SYMPTOMS, THE RISKS, THE  TRANSMISSION  AND  THE  PREVENTION  OF
 CYTOMEGALOVIRUS AND THE EFFECTS THAT SUCH VIRUS MAY HAVE ON THE PREGNANT
 INDIVIDUAL AND THE CHILD.
   2.  THE  COMMISSIONER  SHALL  DISTRIBUTE SUCH CYTOMEGALOVIRUS INFORMA-
 TIONAL MATERIALS TO LICENSED PHYSICIANS WHO  PRACTICE  OBSTETRIC  AND/OR
 GYNECOLOGY  IN  THIS STATE.  SUCH PHYSICIANS SHALL PROVIDE SUCH INFORMA-
 TIONAL MATERIAL TO EACH PREGNANT PATIENT  DURING  SUCH  PATIENT'S  FIRST
 APPOINTMENT  WITH  SUCH PHYSICIAN. SUCH PHYSICIAN SHALL ALSO DISCUSS THE
 RISKS ASSOCIATED WITH AND THE TRANSMISSION OF CYTOMEGALOVIRUS WITH  SUCH
 PATIENT.
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

co-Sponsors

2021-S6287B - Details

Law Section:: Social Services Law
Laws Affected:: Amd §390, Soc Serv L; amd §266, ren Art 2 Title 6 to be Title 6-A, ren §266 to be §266-a, Pub Health L

2021-S6287B - Summary

2021-S6287B - Sponsor Memo

                                 
BILL NUMBER: S6287B

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the social services law and the public health law, in
relation to requiring the provision of informational materials to child
care providers and certain physicians regarding the impacts and dangers
of congenital cytomegalovirus infection and the treatments and methods
of prevention of cytomegalovirus infection

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will protect those most susceptible to cytomegalovirus
by requiring information be provided to childcare providers and people
who are pregnant.

 
SUMMARY OF PROVISIONS:

Section one titles the bill "Elizabeth's law".

Section two amends subparagraphs (ix) and (x) of paragraph (b) of subdi-

vision 3 of section 390-a of the social services law.

Section three amends the public health law by adding a new section 2523.

Section four sets forth the effective date.

 
JUSTIFICATION:

Chapter 307 of the laws of 2018 requires that all newborns who fail
their initial hearing screening be tested for cytomegalovirus (CMV), a
common congenital viral infection and the leading non-genetic cause of
deafness in children. While most CMV infections do not cause harmful
side effects and those infected may not show any signs or symptoms, the
effects have the potential to be devastating to a fetus. 20,000 to
40,000 infants are born with CMV and nationwide roughly 400 children die
from CMV annually. bespite many infants appearing asymptomatic at birth,
at least 20 percent of those with CMV will develop permanent disabili-
ties, such as hearing loss, microcephaly, intellectual deficits and
vision abnormalities. CMV is commonly transmitted through contact with
saliva or urine, often from diaper-wearing children to adults. Pregnant
people who are infected with CMV can then transmit the virus to their
fetus in utero. Given the risks associated with CMV, it is important
that people who are pregnant or work closely with young children are
given the information necessary to keep themselves and their families
safe. However, CMV remains a fairly unknown condition: a nationwide
survey found that less than half of obstetrician-gynecologists tell
pregnant patients how to avoid CMV. Greater education on how to avoid
CMV infection, such as avoiding sharing food or utensils with young
children and frequent hand washing, will aid in preventing countless CMV
infections.

This legislation will require that information on the risks associated
with and transmission of CMV be added to the training already required
of childcare providers and that the New York State Department of Health
provide informational materials on the risks and transmission of CMV to
obstetrician-gynecologists statewide to provide to pregnant patients
upon their initial visit.
 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

TBD.

 
EFFECTIVE DATE:
180 days after it shall have become law; authorization provided for
agency to add, amend or repeal any rule or regulation necessary for the
implementation of the act on or before the effective date.

2021-S6287B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6287--B
     Cal. No. 683
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 20, 2021
                                ___________
 
 Introduced  by  Sens.  MANNION, BORRELLO, HELMING, MARTUCCI, MAY -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Children  and  Families -- reported favorably from said
   committee, ordered to first  and  second  report,  amended  on  second
   report,  ordered  to  a third reading, and to be reprinted as amended,
   retaining its place in the order of third reading  --  recommitted  to
   the  Committee on Children and Families in accordance with Senate Rule
   6, sec. 8 -- reported favorably from said committee, ordered to  first
   and  second  report,  ordered to a third reading, passed by Senate and
   delivered to the Assembly, recalled, vote  reconsidered,  restored  to
   third  reading,  amended and ordered reprinted, retaining its place in
   the order of third reading
 
 AN ACT to amend the social services law and the public  health  law,  in
   relation  to  requiring  the  provision  of informational materials to
   child care providers and certain physicians regarding the impacts  and
   dangers of congenital cytomegalovirus infection and the treatments and
   methods of prevention of cytomegalovirus infection

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be  cited  as  "Elizabeth's
 law".
   § 2. Section 390 of the social services law is amended by adding a new
 subdivision 14 to read as follows:
   14.  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES, IN CONJUNCTION WITH
 THE DEPARTMENT OF HEALTH,  SHALL  BE  REQUIRED  TO  ANNUALLY  DISTRIBUTE
 INFORMATIONAL  MATERIALS  RELATED TO THE OCCURRENCE, TRANSMISSION, BIRTH
 DEFECTS, METHODS OF DIAGNOSIS AND PREVENTIVE MEASURES OF CYTOMEGALOVIRUS
 ESTABLISHED PURSUANT TO SUBDIVISION SIX OF SECTION TWO HUNDRED SIXTY-SIX
 OF THE PUBLIC HEALTH LAW TO EVERY LICENSED, REGISTERED OR ENROLLED CHILD
 CARE PROVIDER AND THEIR STAFF.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10814-04-2

 S. 6287--B                          2
 
   § 3. Section 266 of the public health law is amended by adding  a  new
 subdivision 6 to read as follows:
   6.  CYTOMEGALOVIRUS.  (A) IN ADDITION TO INFORMATION PROVIDED PURSUANT
 TO THIS SECTION,  THE  COMMISSIONER  SHALL  ALSO  DEVELOP  COMPREHENSIVE
 INFORMATIONAL MATERIALS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
 SYMPTOMS,  THE RISKS, THE TRANSMISSION AND THE PREVENTION OF CYTOMEGALO-
 VIRUS AND THE EFFECTS THAT SUCH VIRUS MAY HAVE ON A PREGNANT INDIVIDUAL,
 AN INDIVIDUAL WHO MAY BECOME PREGNANT, AND CHILDREN.
   (B) THE COMMISSIONER SHALL DISTRIBUTE  SUCH  CYTOMEGALOVIRUS  INFORMA-
 TIONAL  MATERIALS  TO  LICENSED PHYSICIANS WHO PRACTICE OBSTETRIC AND/OR
 GYNECOLOGY IN THIS STATE.  SUCH PHYSICIANS SHALL PROVIDE  SUCH  INFORMA-
 TIONAL  MATERIAL  TO  EACH  PREGNANT PATIENT DURING SUCH PATIENT'S FIRST
 APPOINTMENT WITH SUCH PHYSICIAN. SUCH PHYSICIAN SHALL ALSO  DISCUSS  THE
 RISKS  ASSOCIATED WITH AND THE TRANSMISSION OF CYTOMEGALOVIRUS WITH SUCH
 PATIENT.
   § 4. Title 6 of article 2 of the public health law, as added by  chap-
 ter 483 of the laws of 2014 is renumbered title 6-A.
   §  5. Section 266 of the public health law, as added by chapter 483 of
 the laws of 2014, is renumbered section 266-a.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that  sections  four  and
 five  of  this  act shall take effect immediately; and provided further,
 that the addition, amendment and/or repeal of  any  rule  or  regulation
 necessary  for the implementation of sections one, two and three of this
 act on its effective date are authorized to be made and completed on  or
 before such effective date.

co-Sponsors

2021-S6287C (ACTIVE) - Details

Law Section:: Social Services Law
Laws Affected:: Amd §390, Soc Serv L; amd §266, ren Art 2 Title 6 to be Title 6-A, ren §266 to be §266-a, Pub Health L

2021-S6287C (ACTIVE) - Summary

2021-S6287C (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6287C

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the social services law and the public health law, in
relation to requiring the provision of informational materials to child
care providers and certain physicians and midwives regarding the impacts
and dangers of congenital cytomegalovirus infection and the treatments
and methods of prevention of cytomegalovirus infection

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will protect those most susceptible to cytomegalovirus
by requiring information be provided to childcare providers and people
who are pregnant.

 
SUMMARY OF PROVISIONS:

Section one titles the bill "Elizabeth's law".

Section two amends subparagraphs (ix) and (x) of paragraph (b) of subdi-

vision 3 of section 390a of the social services law.

Section three amends the public health law by adding a new section 2523.
Section four sets forth the effective date.

 
JUSTIFICATION:

Chapter 307 of the laws of 2018 requires that all newborns who fail
their initial hearing screening be tested for cytomegalovirus (CMV), a
common congenital viral infection and the leading non-genetic cause of
deafness in children. While most CMV infections do not cause harmful
side effects and those infected may not show any signs or symptoms, the
effects have the potential to be devastating to a fetus. 20,000 to
40,000 infants are born with CMV and nationwide roughly 400 children die
from CMV annually. Despite many infants appearing asymptomatic at birth,
at least 20 percent of those with CMV will develop permanent disabili-
ties, such as hearing loss, microcephaly, intellectual deficits and
vision abnormalities. CMV is commonly transmitted through contact with
saliva or urine, often from diaperwearing children to adults. Pregnant
people who are infected with CMV can then transmit the virus to their
fetus in utero. Given the risks associated with CMV, it is important
that people who are pregnant or work closely with young children are
given the information necessary to keep themselves and their families
safe. However, CMV remains a fairly unknown condition: a nationwide
survey found that less than half of obstetrician-gynecologists tell
pregnant patients how to avoid CMV. Greater education on how to avoid
CMV infection, such as avoiding sharing food or utensils with young
children and frequent hand washing, will aid in preventing countless CMV
infections.

This legislation will require that information on the risks associated
with and transmission of CMV be added to the training already required
of childcare providers and that the New York State Department of Health
provide informational materials on the risks and transmission of CMV to
obstetrician-gynecologists statewide to provide to pregnant patients
upon their initial visit.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

TBD.

 
EFFECTIVE DATE:
180 days after it shall have become law; authorization provided for
agency to add, amend or repeal any rule or regulation necessary for the
implementation of the act on or before the effective date.

2021-S6287C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6287--C
     Cal. No. 683
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 20, 2021
                                ___________
 
 Introduced  by  Sens.  MANNION, BORRELLO, HELMING, MARTUCCI, MAY -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Children  and  Families -- reported favorably from said
   committee, ordered to first  and  second  report,  amended  on  second
   report,  ordered  to  a third reading, and to be reprinted as amended,
   retaining its place in the order of third reading  --  recommitted  to
   the  Committee on Children and Families in accordance with Senate Rule
   6, sec. 8 -- reported favorably from said committee, ordered to  first
   and  second  report,  ordered to a third reading, passed by Senate and
   delivered to the Assembly, recalled, vote  reconsidered,  restored  to
   third  reading,  amended and ordered reprinted, retaining its place in
   the order of third reading -- repassed by Senate and delivered to  the
   Assembly,  recalled,  vote  reconsidered,  restored  to third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 AN  ACT  to  amend the social services law and the public health law, in
   relation to requiring the  provision  of  informational  materials  to
   child care providers and certain physicians and midwives regarding the
   impacts  and  dangers  of congenital cytomegalovirus infection and the
   treatments and methods of prevention of cytomegalovirus infection
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act shall be known and may be cited as "Elizabeth's
 law".
   § 2. Section 390 of the social services law is amended by adding a new
 subdivision 14 to read as follows:
   14. THE OFFICE OF CHILDREN AND FAMILY SERVICES,  IN  CONJUNCTION  WITH
 THE  DEPARTMENT  OF  HEALTH,  SHALL  BE  REQUIRED TO ANNUALLY DISTRIBUTE
 INFORMATIONAL MATERIALS RELATED TO THE OCCURRENCE,  TRANSMISSION,  BIRTH
 DEFECTS, METHODS OF DIAGNOSIS AND PREVENTIVE MEASURES OF CYTOMEGALOVIRUS
 ESTABLISHED PURSUANT TO SUBDIVISION SIX OF SECTION TWO HUNDRED SIXTY-SIX
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10814-06-2
 S. 6287--C                          2
 
 OF THE PUBLIC HEALTH LAW TO EVERY LICENSED, REGISTERED OR ENROLLED CHILD
 CARE PROVIDER AND THEIR STAFF.
   §  3.  Section 266 of the public health law is amended by adding a new
 subdivision 6 to read as follows:
   6. CYTOMEGALOVIRUS. (A) IN ADDITION TO INFORMATION  PROVIDED  PURSUANT
 TO  THIS  SECTION,  THE  COMMISSIONER  SHALL  ALSO DEVELOP COMPREHENSIVE
 INFORMATIONAL MATERIALS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
 SYMPTOMS, THE RISKS, THE TRANSMISSION AND THE PREVENTION OF  CYTOMEGALO-
 VIRUS AND THE EFFECTS THAT SUCH VIRUS MAY HAVE ON A PREGNANT INDIVIDUAL,
 AN INDIVIDUAL WHO MAY BECOME PREGNANT, AND CHILDREN.
   (B) I. THE COMMISSIONER SHALL DISTRIBUTE SUCH CYTOMEGALOVIRUS INFORMA-
 TIONAL MATERIALS TO:
   (1)  LICENSED  PHYSICIANS  WHO PRACTICE OBSTETRIC AND/OR GYNECOLOGY IN
 THIS STATE; AND
   (2) THOSE LICENSED TO  PRACTICE  MIDWIFERY  PURSUANT  TO  ARTICLE  ONE
 HUNDRED FORTY OF THE EDUCATION LAW.
   II.  SUCH  PHYSICIANS  OR  MIDWIVES  SHALL PROVIDE THE CYTOMEGALOVIRUS
 INFORMATIONAL MATERIALS TO EACH PREGNANT PATIENT DURING  SUCH  PATIENT'S
 FIRST APPOINTMENT WITH SUCH PHYSICIAN OR MIDWIFE.
   §  4. Title 6 of article 2 of the public health law, as added by chap-
 ter 483 of the laws of 2014, is renumbered title 6-A.
   § 5. Section 266 of the public health law, as added by chapter 483  of
 the laws of 2014, is renumbered section 266-a.
   § 6. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become a law; provided, however, that sections four and
 five of this act shall take effect immediately;  and  provided  further,
 that  the  addition,  amendment  and/or repeal of any rule or regulation
 necessary for the implementation of sections one, two and three of  this
 act  on its effective date are authorized to be made and completed on or
 before such effective date.

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Senate Bill S6287B

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