Authorizes the immunization against hepatitis B of minors capable of consent who are housed in a local or state correctional facility.
Ayes (30): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Hannon, Lanza, Larkin, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Krueger, Breslin, Diaz, Dilan, Duane, Gianaris, Montgomery, Oppenheimer, Perkins, Rivera, Stavisky, Stewart-Cousins
Ayes W/R (4): Griffo, LaValle, Kruger, Peralta
Absent (1): Parker
TITLE OF BILL:
An act to amend the public health law, in relation to administering the hepatitis B immunization to minors housed in a state or local correctional facility
To ensure that minors in correctional facilities have access to the Hepatitis B vaccine.
SUMMARY OF PROVISIONS:
This bill creates a new section 2504-a in the public health law that would allow a health care practitioner to administer the hepatitis B vaccine to a person who resides in a state or local correctional facility and is under the age of 18 without the consent or knowledge of the parent or guardian of that person, if that person has the capacity to consent and consents to the immunization. This legislation defines "health care practitioner" and "capacity to consent" for the purposes of this section.
Public Health Law section 2305 provides for exceptions to parental consent for treatment of sexually transmitted diseases (STDs) to minors.
As noted above, public health law section 2305 provides for exceptions to parental consent for treatment of sexually transmitted diseases
(STDs) to minors because minors are often reluctant to seek parental consent, thereby disclosing to their parents that they have been sexually active. Without this exception, many STDs would go untreated. The same exception should apply to immunization against hepatitis B, because high-risk sexual behavior and intravenous drug use are recognized as the primary models of hepatitis B transmission.
The change proposed in this bill is specific to correctional settings where attempts to obtain parental consent have not yielded results and many adolescents are left unprotected from this communicable disease. In 2003 the Centers for Disease control issued a report that strongly recommended that "all juveniles who receive a medical evaluation in a correctional facility should be administered the hepatitis B vaccine, unless they have proof of completion of the vaccine series or serologic evidence of immunity to infection. The vaccine series should be started for those juveniles who have never been vaccinated, irrespective of their length of stay, and the series should be completed for those incompetently immunized."
To make a minor's immunization contingent on parental consent clearly hampers efforts to control the spread of the disease, which was previously recognized and addressed in State law for STDs. Allowing administration of hepatitis vaccine without parental consent is already law in several states.
S.5547 of 2007-2008 S.6745 of 2009-2010 (Passed Assembly)
To be determined.
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 1408 2011-2012 Regular Sessions IN SENATE January 7, 2011 ___________Introduced by Sen. HANNON -- 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 administering the hepatitis B immunization to minors housed in a state or local correc- tional facility 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 2504-a to read as follows: S 2504-A. HEPATITIS B IMMUNIZATION OF A MINOR. 1. A HEALTH CARE PRAC- TITIONER MAY ADMINISTER IMMUNIZATION AGAINST HEPATITIS B TO A PERSON UNDER THE AGE OF EIGHTEEN YEARS WITHOUT THE CONSENT OR KNOWLEDGE OF THE PARENTS OR GUARDIAN OF SAID PERSON, IF SAID PERSON HAS CAPACITY TO CONSENT AND CONSENTS TO THE IMMUNIZATION, AND SAID PERSON IS HOUSED IN A STATE OR LOCAL CORRECTIONAL FACILITY. 2. FOR THE PURPOSES OF THIS SECTION: (A) THE TERM "HEALTH CARE PRACTITIONER" SHALL MEAN A PERSON LICENSED, CERTIFIED OR OTHERWISE AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF THE EDUCATION LAW, ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE; AND (B) THE TERM "CAPACITY TO CONSENT" SHALL MEAN AN INDIVIDUAL'S ABILITY, DETERMINED WITHOUT REGARD TO THE INDIVIDUAL'S AGE, TO UNDERSTAND AND APPRECIATE THE NATURE AND CONSEQUENCES OF THE PROPOSED IMMUNIZATION, AND TO MAKE AN INFORMED DECISION CONCERNING THE IMMUNIZATION. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01514-01-1