The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4460
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2023
                                ___________
 
 Introduced  by M. of A. DURSO -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law, in relation to requiring a person
   in a parental relation to a child be  physically  present  during  any
   immunization
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 2504 of the public health law,  as
 added by chapter 769 of the laws of 1972, is amended to read as follows:
   1.  (A)  Any  person  who is eighteen years of age or older, or is the
 parent of a child  or  has  married,  may  give  effective  consent  for
 medical,  dental,  health  and hospital services for himself or herself,
 and the consent of no other person shall be necessary.
   (B) A PARENT, GUARDIAN OR PERSON IN A PARENTAL  RELATION  TO  A  CHILD
 UNDER THE AGE OF EIGHTEEN SHALL BE PHYSICALLY PRESENT WHEN ANY IMMUNIZA-
 TION  IS  ADMINISTERED TO SUCH CHILD UNLESS THE CHILD: (I) IS AN EMANCI-
 PATED MINOR; (II) HAS BEEN LIVING SEPARATE AND APART  FROM  ANY  PARENT,
 GUARDIAN,  OR  PERSON  IN  A  PARENTAL RELATION TO THE CHILD; (III) IS A
 RUNAWAY YOUTH AS DEFINED IN SECTION FIVE  HUNDRED  THIRTY-TWO-A  OF  THE
 EXECUTIVE  LAW;  (IV)  IS  A  HOMELESS  YOUTH AS DEFINED IN SECTION FIVE
 HUNDRED THIRTY-TWO-A OF THE EXECUTIVE LAW; (V) IS ENROLLED IN A  RUNAWAY
 AND  HOMELESS  YOUTH  CRISIS  SERVICES PROGRAM; (VI) IS IN A RESIDENTIAL
 TRANSITIONAL INDEPENDENT LIVING SUPPORT PROGRAM PURSUANT TO SECTION FIVE
 HUNDRED THIRTY-TWO-D OF THE EXECUTIVE LAW; (VII) IS NOT UNDER THE SUPER-
 VISION OR CONTROL OF A PARENT, CUSTODIAN, OR LEGAL GUARDIAN;  OR  (VIII)
 IS  NOT  IN  THE  CARE  AND CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY
 SERVICES.
   § 2.   Subdivision 1 of section 2504 of  the  public  health  law,  as
 amended  by  chapter  780  of  the  laws  of 2022, is amended to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05142-01-3
 A. 4460                             2

 
   1. (A) Any person who is eighteen years of age or  older,  or  is  the
 parent  of  a child or has married, or is a runaway or homeless youth as
 defined in section five hundred thirty-two-a of the  executive  law,  or
 receives  services  at  an  approved  runaway  and homeless youth crisis
 services program or a transitional independent living support program as
 defined  in  section five hundred thirty-two-a of the executive law, may
 give effective consent for medical, dental, health and hospital services
 for themself, and the consent of no other person shall be necessary.
   (B) A PARENT, GUARDIAN OR PERSON IN A PARENTAL  RELATION  TO  A  CHILD
 UNDER THE AGE OF EIGHTEEN SHALL BE PHYSICALLY PRESENT WHEN ANY IMMUNIZA-
 TION  IS  ADMINISTERED TO SUCH CHILD UNLESS THE CHILD: (I) IS AN EMANCI-
 PATED MINOR; (II) HAS BEEN LIVING SEPARATE AND APART  FROM  ANY  PARENT,
 GUARDIAN,  OR  PERSON  IN  A  PARENTAL RELATION TO THE CHILD; (III) IS A
 RUNAWAY YOUTH AS DEFINED IN SECTION FIVE  HUNDRED  THIRTY-TWO-A  OF  THE
 EXECUTIVE  LAW;  (IV)  IS  A  HOMELESS  YOUTH AS DEFINED IN SECTION FIVE
 HUNDRED THIRTY-TWO-A OF THE EXECUTIVE LAW; (V) IS ENROLLED IN A  RUNAWAY
 AND  HOMELESS  YOUTH  CRISIS  SERVICES PROGRAM; (VI) IS IN A RESIDENTIAL
 TRANSITIONAL INDEPENDENT LIVING SUPPORT PROGRAM PURSUANT TO SECTION FIVE
 HUNDRED THIRTY-TWO-D OF THE EXECUTIVE LAW; (VII) IS NOT UNDER THE SUPER-
 VISION OR CONTROL OF A PARENT, CUSTODIAN, OR LEGAL GUARDIAN;  OR  (VIII)
 IS  NOT  IN  THE  CARE  AND CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY
 SERVICES.
   § 3. This act shall take effect immediately; provided,  however,  that
 section  two  of  this act shall take effect on the same date and in the
 same manner as such chapter of the laws of 2022 takes effect.