The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  279--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. GOTTFRIED, McDONALD, DINOWITZ, PAULIN, FERNANDEZ,
   ZINERMAN,   SIMON,   STIRPE,   LAVINE,  RODRIGUEZ,  BURDICK,  WOERNER,
   L. ROSENTHAL, FAHY, RICHARDSON, GALEF, HEVESI, FORREST  --  read  once
   and  referred  to  the Committee on Health -- reported and referred to
   the Committee on Codes -- reported and referred to  the  Committee  on
   Rules  --  Rules Committee discharged, bill amended, ordered reprinted
   as amended and recommitted to the Committee on Rules
 
 AN ACT to amend the public health law, in relation to adult immunization
   reporting requirements
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (b)  of  subdivision  3 of section 2168 of the
 public health law, as amended by chapter 420 of the  laws  of  2014,  is
 amended to read as follows:
   (b)  (i)  Any  health  care  provider who administers any vaccine to a
 person nineteen years of age or older, [may]  SHALL  report[,  with  the
 consent  of the vaccinee,] all such immunizations to the department in a
 format prescribed by the commissioner within fourteen days  of  adminis-
 tration  of  such  immunizations.  Health  care  providers administering
 immunizations to persons nineteen years of age or older in the  city  of
 New  York  [may]  SHALL report[, with the consent of the vaccinee,] in a
 format prescribed by the city of New York  commissioner  of  health  and
 mental  hygiene,  all  such  immunizations  to the citywide immunization
 registry. THE REPORTING BY A HEALTH CARE PROVIDER OF  ADMINISTRATION  OF
 AN IMMUNIZATION TO A PERSON NINETEEN YEARS OF AGE OR OLDER TO A REGIONAL
 HEALTH  INFORMATION  ORGANIZATION  OR  OTHER HEALTH INFORMATION EXCHANGE
 SHALL SATISFY THE REPORTING REQUIREMENTS IN THIS SECTION IF SUCH DATA IS
 PROVIDED BY THE  REGIONAL  HEALTH  INFORMATION  ORGANIZATION  OR  HEALTH
 INFORMATION  EXCHANGE  TO THE DEPARTMENT OR CITYWIDE IMMUNIZATION REGIS-
 TRY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00349-02-1

 A. 279--A                           2
 
   (ii) A registered professional nurse, or a pharmacist who  administers
 a vaccine pursuant to subdivision two of section sixty-eight hundred one
 of  the education law, to a person nineteen years of age or older, shall
 report[, with the consent of the vaccinee,] all  such  immunizations  to
 the  department  in a format prescribed by the commissioner within four-
 teen days of administration of such  immunizations.  Registered  profes-
 sional  nurses  or  pharmacists  administering immunizations pursuant to
 subdivision two of section sixty-eight hundred one of the education law,
 to persons nineteen years of age or older in the city of New York  shall
 report[,  with  the  consent of the vaccinee,] in a format prescribed by
 the city of New York commissioner of health and mental hygiene, all such
 immunizations to the citywide immunization registry. THE REPORTING BY  A
 REGISTERED  PROFESSIONAL  NURSE  OR A PHARMACIST OF ADMINISTRATION OF AN
 IMMUNIZATION TO A PERSON NINETEEN YEARS OF AGE OR OLDER  TO  A  REGIONAL
 HEALTH  INFORMATION  ORGANIZATION  OR  OTHER HEALTH INFORMATION EXCHANGE
 SHALL SATISFY THE REPORTING REQUIREMENTS IN THIS SECTION IF SUCH DATA IS
 PROVIDED BY THE  REGIONAL  HEALTH  INFORMATION  ORGANIZATION  OR  HEALTH
 INFORMATION  EXCHANGE  TO THE DEPARTMENT OR CITYWIDE IMMUNIZATION REGIS-
 TRY.
   (III) HOWEVER, NO REPORT SHALL BE MADE UNDER  THIS  PARAGRAPH  IF  THE
 PERSON  TO  WHOM  THE VACCINE IS ADMINISTERED, OR A PERSON AUTHORIZED TO
 CONSENT TO HEALTH CARE FOR THE PERSON, OBJECTS TO THE PERSON WHO  ADMIN-
 ISTERED THE VACCINE, PRIOR TO THE MAKING OF THE REPORT.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.