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.