Senate Bill S4316

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4316
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced by Sens. LANZA, ORTT, WEIK -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health
 
 AN  ACT  to  amend the public health law and the court of claims act, in
   relation to establishing  strict  liability  for  injuries  caused  by
   required immunizations

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 2113 to read as follows:
   §  2113.  VACCINATIONS;  LIABILITY.  1.  FOR  PURPOSES OF THIS SECTION
 "HEALTH PRACTITIONER" SHALL MEAN AN INDIVIDUAL  WHO  IS  EMPLOYED  AS  A
 PUBLIC  EMPLOYEE  OR ANY OTHER PERSON AUTHORIZED BY LAW TO ADMINISTER AN
 IMMUNIZATION TO ENSURE COMPLIANCE WITH THE STATE'S IMMUNIZATION REQUIRE-
 MENTS PURSUANT TO THIS CHAPTER.
   2. NOTWITHSTANDING ANY PROVISION OF LAW TO  THE  CONTRARY,  THE  STATE
 SHALL  BE STRICTLY LIABLE FOR ANY INJURY CAUSED BY THE ADMINISTRATION OF
 AN IMMUNIZATION THAT IS INTENDED TO PREVENT OR MINIMIZE  THE  SPREAD  OF
 DISEASE AND TO PROTECT PUBLIC HEALTH IF AN INDIVIDUAL ESTABLISHES THAT:
   (A)  SUCH IMMUNIZATION WAS MANDATED BY A STATE LAW, RULE OR REGULATION
 AS:
   (I) A CONDITION OF ATTENDANCE AT A PUBLIC, PRIVATE OR PAROCHIAL  CHILD
 CARING  CENTER, DAY NURSERY, DAY CARE AGENCY, NURSERY SCHOOL, ELEMENTARY
 SCHOOL, SECONDARY SCHOOL OR AN INSTITUTION OF HIGHER  EDUCATION  AT  THE
 TIME OF THE IMMUNIZATION'S ADMINISTRATION; OR
   (II) AN EMERGENCY DECLARATION ISSUED BY THE COMMISSIONER OR THE GOVER-
 NOR AT THE TIME OF THE IMMUNIZATION'S ADMINISTRATION;
   (B) SUCH IMMUNIZATION WAS ADMINISTERED BY A HEALTH PRACTITIONER; AND
   (C)  THE  INJURY  WAS PROXIMATELY CAUSED BY THE ADMINISTRATION OF SUCH
 IMMUNIZATION.
   3. A HEALTH PRACTITIONER SHALL NOT BE LIABLE FOR ANY INJURY ALLEGED TO
 HAVE BEEN SUSTAINED BY AN INDIVIDUAL BY REASON OF AN ACT OR OMISSION  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06821-01-3
              

 S. 4316                             2
 
 THE  ADMINISTERING  OF  SUCH  IMMUNIZATION UNLESS IT IS ESTABLISHED THAT
 SUCH INJURY WAS CAUSED BY GROSS NEGLIGENCE ON THE PART  OF  SUCH  HEALTH
 PRACTITIONER.
   §  2.  Section 9 of the court of claims act is amended by adding a new
 subdivision 14 to read as follows:
   14. TO HEAR AND DETERMINE A CLAIM OF ANY PERSON AGAINST THE STATE  FOR
 ANY  INJURY  CAUSED  BY  THE  ADMINISTRATION  OF A REQUIRED IMMUNIZATION
 PURSUANT TO SECTION TWENTY-ONE HUNDRED THIRTEEN  OF  THE  PUBLIC  HEALTH
 LAW.
   §  3.  This  act  shall take effect immediately and shall apply to all
 immunization-related injuries sustained after, or that  are  ongoing  as
 of, such effective date.