S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2135
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law,  in  relation  to  requiring  any
   health  care  practitioner who treats a child to provide the parent of
   such child with evidence-based information about certain immunizations

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (f)  of  subdivision  2 of section 2995 of the
 public health law, as added by chapter 505  of  the  laws  of  2022,  is
 amended and two new paragraphs (h) and (i) are added to read as follows:
   (f)  "Health  care practitioner" shall mean a physician, nurse practi-
 tioner, [or] physician  assistant  OR  OTHER  HEALTH  CARE  PRACTITIONER
 licensed  or  certified  pursuant  to  title  eight of the education law
 ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE.
   (H) "CHILD" SHALL MEAN AND INCLUDE ANY PERSON BETWEEN THE AGES OF  TWO
 MONTHS AND EIGHTEEN YEARS.
   (I)  "PERSON  IN  PARENTAL RELATION TO A CHILD" SHALL MEAN AND INCLUDE
 HIS OR HER FATHER OR MOTHER, BY BIRTH OR ADOPTION, HIS  OR  HER  LEGALLY
 APPOINTED  GUARDIAN, OR HIS OR HER CUSTODIAN. A PERSON SHALL BE REGARDED
 AS THE CUSTODIAN OF A CHILD IF HE OR SHE HAS ASSUMED THE CHARGE AND CARE
 OF THE CHILD BECAUSE THE PARENTS OR LEGALLY APPOINTED  GUARDIAN  OF  THE
 MINOR  HAVE DIED, ARE IMPRISONED, ARE MENTALLY ILL, OR HAVE BEEN COMMIT-
 TED TO AN INSTITUTION, OR BECAUSE THEY HAVE ABANDONED OR  DESERTED  SUCH
 CHILD  OR ARE LIVING OUTSIDE THE STATE OR THEIR WHEREABOUTS ARE UNKNOWN,
 OR HAVE DESIGNATED THE PERSON PURSUANT TO  TITLE  FIFTEEN-A  OF  ARTICLE
 FIVE  OF THE GENERAL OBLIGATIONS LAW AS A PERSON IN PARENTAL RELATION TO
 THE CHILD.
   § 2. The public health law is amended by adding a new section 2997-f-2
 to read as follows:
   § 2997-F-2. PROVISION OF INFORMATION RELATING TO IMMUNIZATION. 1.  ANY
 HEALTH CARE PRACTITIONER WHO TREATS A CHILD SHALL PROVIDE THE PERSON  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05998-01-3
              

 A. 2135                             2
 
 PARENTAL  RELATION TO SUCH CHILD WITH THE FOLLOWING WRITTEN INFORMATION:
 CURRENT  AND  EVIDENCE-BASED  INFORMATION  ABOUT  IMMUNIZATION   AGAINST
 POLIOMYELITIS, MUMPS, MEASLES, DIPHTHERIA, RUBELLA, VARICELLA, HAEMOPHI-
 LUS  INFLUENZAE  TYPE B (HIB), PERTUSSIS, TETANUS, PNEUMOCOCCAL DISEASE,
 MENINGOCOCCAL DISEASE, COVID-19, AND HEPATITIS B THAT HAS BEEN  REVIEWED
 BY ONE OR MORE ACCREDITED MEDICAL EXPERTS.
   2.  (A)  THE  COMMISSIONER SHALL PROVIDE WRITTEN INFORMATION TO HEALTH
 CARE PRACTITIONERS  NECESSARY  TO  IMPLEMENT  SUBDIVISION  ONE  OF  THIS
 SECTION, AND SHALL POST SUCH INFORMATION ON THE DEPARTMENT'S WEBSITE.
   (B)  THE COMMISSIONER SHALL ENSURE THAT SUCH INFORMATION IS CULTURALLY
 AND LINGUISTICALLY APPROPRIATE FOR ALL RECIPIENTS.
   (C) ANY LOCAL OR NATIONAL  ORGANIZATION  THAT  PROVIDES  EDUCATION  OR
 SERVICES  RELATED TO IMMUNIZATION AGAINST POLIOMYELITIS, MUMPS, MEASLES,
 DIPHTHERIA, RUBELLA, VARICELLA, HAEMOPHILUS  INFLUENZAE  TYPE  B  (HIB),
 PERTUSSIS,  TETANUS, PNEUMOCOCCAL DISEASE, MENINGOCOCCAL DISEASE, COVID-
 19, AND HEPATITIS B MAY  REQUEST  THAT  THE  COMMISSIONER  INCLUDE  SUCH
 ORGANIZATION'S  INFORMATIONAL  MATERIAL  AND  CONTACT INFORMATION ON THE
 DEPARTMENT'S WEBSITE. ONCE SUCH A REQUEST IS MADE, THE COMMISSIONER  MAY
 ADD   THE  INFORMATION  TO  THE  DEPARTMENT'S  WEBSITE  AT  HIS  OR  HER
 DISCRETION.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.