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.