NY State Senate Bill S3041

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
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Actions

view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health
Jan 27, 2021	referred to health

Co-Sponsors

S3041 (ACTIVE) - Details

See Assembly Version of this Bill:: A3192
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2167-a, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4244, A6564
2023-2024: S6103

S3041 (ACTIVE) - Summary

Permits any child who is at least fourteen years of age to have administered to himself or herself, regardless of parental consent, certain immunizations required or recommended by law.

S3041 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S3041

SPONSOR: KRUEGER
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow minors who are at least fourteen years of age to have certain
vaccinations administered to him or herself.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the public health law by adding a new section 2167-a.
The new section authorizes health care practitioners to administer
vaccinations to minors who are at least fourteen years of age without
their parent's knowledge or consent. These vaccinations must meet the
standards approved by the United States Public Health Service, and be
consistent with recommendations of the Advisory Committee on Immuniza-

tion Practices (ACIP) of the Centers for Disease Control and Prevention,
or the New York State Department of Health under such conditions as may
be specified by the Public Health Council. Minors must have the capacity
to consent, and provide informed consent. "Health care practitioner,"
"vaccine," and "capacity to consent" are defined.

 
JUSTIFICATION:

In January of 2019, the World Health Organization (WHO) listed the anti-
vaccination movement to be one of the top ten threats to global health.
In the 2019, there was an unprecedented 650 reported cases of measles in
New York State. According to WHO, trends around the country and globally
have also seen a recent spike in measles diagnoses. While measles has a
relatively low fatality rate, those with leukemia and other immunocom-
promised individuals are at particular risk. The outbreak of measles
illustrates the risk a decline in herd immunity presents for an outbreak
of even more serious diseases.

Students bound for high school or higher education may be limited in
their educational opportunities should their parents or guardians refuse
vaccination. In a 2019 case in Orchard Park, New York, two students were
prevented from attending public schools because of their parents refused
to update their immunizations. Moreover, since most colleges and univer-
sities in New York require a panel of immunizations, students that
enroll in college prior to their eighteenth birthday may be unable to
receive required vaccinations without parental consent.

Minors are permitted to receive vaccinations without parental consent in
six states and Washington, D.C. These states utilize the 'mature minor
doctrine,' permitting minors the ability to make certain choices regard-
ing their bodily autonomy and health providing they have the capacity to
give informed consent.

 
PRIOR LEGISLATIVE HISTORY:

2019-20 -S.4244C/A.6564C Fahy- Referred to Health

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None

 
EFFECTIVE DATE:
This act shall take effect immediately

S3041 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3041
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced by Sens. KRUEGER, BIAGGI, HOYLMAN, MYRIE, SEPULVEDA, STAVISKY
   -- read twice and ordered printed, and when printed to be committed 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

 S. 3041                             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.

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The New York State Senate

senate Bill S3041

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

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Co-Sponsors

S3041 (ACTIVE) - Details

S3041 (ACTIVE) - Summary

S3041 (ACTIVE) - Sponsor Memo

S3041 (ACTIVE) - Bill Text download pdf

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senate Bill S3041

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Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Health Committee

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Co-Sponsors

Alessandra Biaggi

Brad Hoylman-Sigal

Zellnor Myrie

Luis R. Sepúlveda

Toby Ann Stavisky

S3041 (ACTIVE) - Details

S3041 (ACTIVE) - Summary

S3041 (ACTIVE) - Sponsor Memo

S3041 (ACTIVE) - Bill Text download pdf

Comments