S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8430
 
                             I N  S E N A T E
 
                             January 29, 2024
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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 requiring  immuni-
   zation against rotavirus for certain children
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 2164 of the public health law, as amended by  chap-
 ter  401  of the laws of 2015, subdivision 6 as amended by chapter 35 of
 the laws of 2019, is amended to read as follows:
   §  2164.  Definitions;  immunization  against  poliomyelitis,   mumps,
 measles,  diphtheria,  rubella, varicella, Haemophilus influenzae type b
 (Hib), pertussis, tetanus, pneumococcal disease, meningococcal  disease,
 [and]  hepatitis  B, AND ROTAVIRUS.   1. As used in this section, unless
 the context requires otherwise:
   a. The term "school" means and includes any public, private  or  paro-
 chial child caring center, day nursery, day care agency, nursery school,
 kindergarten, elementary, intermediate or secondary school.
   b. The term "child" shall mean and include any person between the ages
 of two months and eighteen years.
   c.  The  term  "person in parental relation to a child" shall mean and
 include his  father  or  mother,  by  birth  or  adoption,  his  legally
 appointed  guardian, or his custodian. A person shall be regarded as the
 custodian of a child if he 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  committed  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.
   d.  The term "health practitioner" shall mean any person authorized by
 law to administer an immunization.
   2. a. Every person in parental relation to a child in this state shall
 have administered to such child an adequate dose or doses of an immuniz-
 ing agent against poliomyelitis, mumps,  measles,  diphtheria,  rubella,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11927-02-3
 S. 8430                             2
 
 varicella,  Haemophilus  influenzae  type  b  (Hib), pertussis, tetanus,
 pneumococcal disease, [and] hepatitis B, AND ROTAVIRUS, which meets  the
 standards  approved  by the United States public health service for such
 biological  products, and which is approved by the department under such
 conditions as may be specified by the public health AND HEALTH  PLANNING
 council; PROVIDED, HOWEVER, NO PERSON IN PARENTAL RELATION TO A CHILD IN
 THIS  STATE  SHALL  BE  REQUIRED  TO HAVE ADMINISTERED TO SUCH CHILD ANY
 IMMUNIZING AGENT REQUIRED BY THIS SECTION WHERE SUCH CHILD WOULD NOT  BE
 ABLE  TO HAVE SUCH IMMUNIZING AGENT ADMINISTERED IN A MANNER APPROVED BY
 THE DEPARTMENT UNDER SUCH CONDITIONS AS MAY BE SPECIFIED BY  THE  PUBLIC
 HEALTH AND HEALTH PLANNING COUNCIL DUE TO THE CHILD'S AGE.
   b.  Every person in parental relation to a child in this state born on
 or after January first, nineteen hundred ninety-four and entering  sixth
 grade  or a comparable age level special education program with an unas-
 signed grade on or after September first, two thousand seven, shall have
 administered to such child a booster immunization containing  diphtheria
 and tetanus toxoids, and an acellular pertussis vaccine, which meets the
 standards  approved  by the United States public health service for such
 biological products, and which is approved by the department under  such
 conditions  as may be specified by the public health AND HEALTH PLANNING
 council.
   c. Every person in parental relation to a child in this state entering
 or having entered seventh grade and twelfth grade or  a  comparable  age
 level  special  education  program  with an unassigned grade on or after
 September first, two thousand sixteen, shall have administered  to  such
 child an adequate dose or doses of immunizing agents against meningococ-
 cal  disease  as  recommended  by the advisory committee on immunization
 practices of the centers for disease control and prevention, which meets
 the standards approved by the United States public  health  service  for
 such  biological products, and which is approved by the department under
 such conditions as may be specified by  the  public  health  and  HEALTH
 planning council.
   3.  The  person  in  parental  relation  to any such child who has not
 previously received such immunization  shall  present  the  child  to  a
 health  practitioner  and request such health practitioner to administer
 the  necessary  immunization  against  poliomyelitis,  mumps,   measles,
 diphtheria,  Haemophilus  influenzae  type  b (Hib), rubella, varicella,
 pertussis, tetanus, pneumococcal disease, meningococcal  disease,  [and]
 hepatitis  B,  AND  ROTAVIRUS,  as  provided  in subdivision two of this
 section.
   4. If any person in parental relation to such child is unable  to  pay
 for  the  services  of  a private health practitioner, such person shall
 present such child to the health officer of  the  county  in  which  the
 child  resides,  who  shall then administer the immunizing agent without
 charge.
   5. The health  practitioner  who  administers  such  immunizing  agent
 against  poliomyelitis, mumps, measles, diphtheria, Haemophilus influen-
 zae type b (Hib), rubella, varicella, pertussis,  tetanus,  pneumococcal
 disease, meningococcal disease, [and] hepatitis B, AND ROTAVIRUS, to any
 such  child  shall give a certificate of such immunization to the person
 in parental relation to such child.
   6. In the event that a person in parental relation to  a  child  makes
 application  for  admission  of  such  child  to a school or has a child
 attending school and there exists no  certificate  or  other  acceptable
 evidence  of  the  child's  immunization  against  poliomyelitis, mumps,
 measles, diphtheria, rubella, varicella, hepatitis B,  pertussis,  teta-
 S. 8430                             3
 
 nus,  ROTAVIRUS,  and,  where  applicable, Haemophilus influenzae type b
 (Hib), meningococcal disease, and pneumococcal disease,  the  principal,
 teacher,  owner  or  person  in  charge  of the school shall inform such
 person of the necessity to have the child immunized, that such immuniza-
 tion  may  be administered by any health practitioner, or that the child
 may be immunized without charge by the  health  officer  in  the  county
 where  the child resides, if such person executes a consent therefor. In
 the event that such person does not wish to select a health practitioner
 to administer the immunization, he or she shall be provided with a  form
 which  shall give notice that as a prerequisite to processing the appli-
 cation for admission to, or for continued attendance at, the school such
 person shall state a valid reason for  withholding  consent  or  consent
 shall  be  given for immunization to be administered by a health officer
 in the public employ, or by a school physician or nurse. The form  shall
 provide  for the execution of a consent by such person and it shall also
 state that such person need not  execute  such  consent  if  subdivision
 eight of this section applies to such child.
   7.  (a)  No  principal, teacher, owner or person in charge of a school
 shall permit any child to be admitted to such school, or to attend  such
 school, in excess of fourteen days, without the certificate provided for
 in subdivision five of this section or some other acceptable evidence of
 the child's immunization against poliomyelitis, mumps, measles, diphthe-
 ria, rubella, varicella, hepatitis B, pertussis, tetanus, ROTAVIRUS and,
 where  applicable,  Haemophilus  influenzae  type b (Hib), meningococcal
 disease, and pneumococcal disease; provided, however, such fourteen  day
 period  may  be  extended to not more than thirty days for an individual
 student by the appropriate principal, teacher, owner or other person  in
 charge  where  such  student  is  transferring from out-of-state or from
 another country and can show a good faith effort to  get  the  necessary
 certification or other evidence of immunization.
   (b)  A parent, a guardian or any other person in parental relationship
 to a child denied school entrance or attendance may appeal  by  petition
 to  the  commissioner  of education in accordance with the provisions of
 section three hundred ten of the education law.
   8. If any physician licensed to practice medicine in this state certi-
 fies that such immunization may be detrimental to a child's health,  the
 requirements  of this section shall be inapplicable until such immuniza-
 tion is found no longer to be detrimental to the child's health.
   8-a. Whenever a child has been  refused  admission  to,  or  continued
 attendance  at,  a  school  as provided for in subdivision seven of this
 section because there exists no certificate provided for in  subdivision
 five of this section or other acceptable evidence of the child's immuni-
 zation against poliomyelitis, mumps, measles, diphtheria, rubella, vari-
 cella,  hepatitis  B, pertussis, tetanus, ROTAVIRUS, and, where applica-
 ble, Haemophilus influenzae type b  (Hib),  meningococcal  disease,  and
 pneumococcal  disease, the principal, teacher, owner or person in charge
 of the school shall:
   a. forward a report of such exclusion and the name and address of such
 child to the local health  authority  and  to  the  person  in  parental
 relation to the child together with a notification of the responsibility
 of  such  person  under  subdivision  two  of this section and a form of
 consent as prescribed by regulation of the commissioner, and
   b. provide, with the  cooperation  of  the  appropriate  local  health
 authority,  for  a time and place at which an immunizing agent or agents
 shall be administered, as required by subdivision two of  this  section,
 to a child for whom a consent has been obtained. Upon failure of a local
 S. 8430                             4

 health authority to cooperate in arranging for a time and place at which
 an  immunizing  agent  or  agents  shall  be administered as required by
 subdivision two of this section, the commissioner shall arrange for such
 administration and may recover the cost thereof from the amount of state
 aid to which the local health authority would otherwise be entitled.
   10.  The  commissioner  may  adopt  and amend rules and regulations to
 effectuate the provisions and purposes of this section.
   11. Every school shall annually provide  the  commissioner,  on  forms
 provided  by  the  commissioner, a summary regarding compliance with the
 provisions of this section.
   § 2. Paragraph (a) of subdivision 1  of  section  613  of  the  public
 health law, as amended by section 24 of part E of chapter 56 of the laws
 of 2013, is amended to read as follows:
   (a)  The  commissioner  shall develop and supervise the execution of a
 program of immunization, surveillance and testing, to raise to the high-
 est reasonable level the immunity of the children of the  state  against
 communicable  diseases including, but not limited to, influenza, poliom-
 yelitis, measles, mumps, rubella, haemophilus influenzae type  b  (Hib),
 diphtheria, pertussis, tetanus, ROTAVIRUS, varicella, hepatitis B, pneu-
 mococcal  disease,  and  the  immunity  of  adults  of the state against
 diseases identified by the commissioner, including but  not  limited  to
 influenza,  smallpox,  hepatitis  and such other diseases as the commis-
 sioner may designate through regulation.   Municipalities in  the  state
 shall  maintain  local programs of immunization to raise the immunity of
 the children and adults of each municipality to the  highest  reasonable
 level,  in accordance with an application for state aid submitted by the
 municipality and approved  by  the  commissioner.  Such  programs  shall
 include  assurance of provision of vaccine, serological testing of indi-
 viduals and educational efforts to  inform  health  care  providers  and
 target  populations  or  their parents, if they are minors, of the facts
 relative to these diseases and immunizations  to  prevent  their  occur-
 rence.
   §  3.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law. Effective immediately  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made and completed on or before such date.