assembly Bill A7042

2021-2022 Legislative Session

Establishes strict liability for injuries caused by required immunizations

download bill text pdf

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Current Bill Status - In Assembly Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to judiciary
Apr 21, 2021 referred to judiciary

A7042 (ACTIVE) - Details

See Senate Version of this Bill:
S5157
Current Committee:
Assembly Judiciary
Law Section:
Public Health Law
Laws Affected:
Add §2113, Pub Health L; amd §9, Ct Claims Act
Versions Introduced in 2019-2020 Legislative Session:
S8032

A7042 (ACTIVE) - Summary

Establishes a claim for strict liability 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.

A7042 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7042
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 21, 2021
                                ___________
 
 Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
   tee on Judiciary
 
 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.