Relates to meningococcal immunizations; requires certain parents ensure the immunization of their children against meningococcal disease.
TITLE OF BILL: An act to amend the public health law, in relation to meningococcal immunizations
PURPOSE: This bill requires vaccination against meningococcal disease for sixth graders and eleventh graders.
SUMMARY OF PROVISIONS:
Section 1 of the bill requires immunization against meningococcal disease for students entering, repeating or transferring into the sixth and eleventh grades and adds meningococcal disease to the list of schoolvaccination requirements.
Section 2 is the effective date.
JUSTIFICATION: According to the CDC, roughly 1,000 - 1,200 people contract meningococcal disease each year in the United States. Between ten and fifteen percent of these cases are fatal. Eleven to nineteen percent of those who survive will suffer from permanent hearing loss, developmental delays, loss of limbs, or other serious conditions. This bill would require meningococcal vaccinations for students entering the sixth and eleventh grades. The Advisory Committee on Immunization Practices (ACIP), which provides advice and guidance to the Director of the Centers for Disease Control and Prevention (CDC), recommends a single dose of vaccine be administered at age 11 or 12, and a booster at age 16. Currently, more than 20 states require meningococcal vaccines.
LEGISLATIVE HISTORY: 2014: S.7348 Referred to Health
FISCAL IMPLICATIONS: None noted. Health plans in the state of New York are required to cover preventive and primary care services, including necessary immunizations. Additionally, the Vaccines for Children (VFC) program is a federally funded program that provides ACIP recommended vaccines at no cost to children who might not otherwise be vaccinated because of inability to pay.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4324 2015-2016 Regular Sessions IN SENATE March 13, 2015 ___________Introduced by Sens. HANNON, AVELLA -- 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 meningococcal immunizations 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 added by chapter 994 of the laws of 1966, the section heading and subdivisions 3, 5, and 6, paragraph (a) of subdivision 7 and the opening paragraph of subdivi- sion 8-a as amended by chapter 189 of the laws of 2006, paragraph b of subdivision 1 and subdivision 7 as amended by chapter 443 of the laws of 1979, paragraph c of subdivision 1 as amended by chapter 119 of the laws of 2005, paragraph d of subdivision 1 as added and subdivisions 4 and 8-a as amended by chapter 538 of the laws of 1989, subdivision 2 as separately amended by chapters 189 and 506 of the laws of 2006, subdivi- sions 8 and 10 as renumbered by chapter 633 of the laws of 1975, subdi- vision 9 as separately amended by chapters 405 and 538 of the laws of 1989, subdivision 10 as added by chapter 1094 of the laws of 1968, and subdivision 11 as added by chapter 521 of the laws of 1994, is amended to read as follows: S 2164. Definitions; immunization against poliomyelitis, mumps, measles, diphtheria, rubella, varicella, Haemophilus influenzae type b (Hib), pertussis, tetanus, pneumococcal disease, MENINGOCOCCAL DISEASE, and hepatitis B. 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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02179-05-5 S. 4324 2
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, varicella, Haemophilus influenzae type b (Hib), pertussis, tetanus, pneumococcal disease, and hepatitis B, 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 council. 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 council. C. EVERY PERSON IN PARENTAL RELATION TO A CHILD IN THIS STATE ENTERING OR HAVING ENTERED SIXTH GRADE AND ELEVENTH GRADE OR A COMPARABLE AGE LEVEL SPECIAL EDUCATION PROGRAM WITH AN UNASSIGNED GRADE ON OR AFTER SEPTEMBER FIRST, TWO THOUSAND FIFTEEN, 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 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 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 to any such child shallS. 4324 3
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- nus, and, where applicable, Haemophilus influenzae type b (Hib), MENIN- GOCOCCAL 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 immunization may be administered by any health practitioner, or that the child may be immun- ized 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 application 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 or nine of this section apply 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, 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 certif- ication 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, and, where applicable, Haemophi- lus 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 parentalS. 4324 4
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 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. 9. This section shall not apply to children whose parent, parents, or guardian hold genuine and sincere religious beliefs which are contrary to the practices herein required, and no certificate shall be required as a prerequisite to such children being admitted or received into school or attending school. 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. S 2. This act shall take effect immediately.