Bill S98A-2011

Encourages voluntary, informed vaccination against human papillomavirus (HPV)

Encourages, through the provision of written educational materials and consultation, the voluntary vaccination against human papillomavirus (HPV) for school-aged children by their parents or guardians.

Details

Actions

  • Jan 5, 2012: PRINT NUMBER 98A
  • Jan 5, 2012: AMEND AND RECOMMIT TO HEALTH
  • Jan 4, 2012: REFERRED TO HEALTH
  • Feb 22, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • Jan 5, 2011: REFERRED TO HEALTH

Memo

BILL NUMBER:S98A

TITLE OF BILL: An act to amend the public health law, in relation to encouraging immunization against human papillomavirus (HPV)

PURPOSE OR GENERAL IDEA OF BILL: Encourages voluntary, informed vaccination against human papillomavirus (HPV).

SUMMARY OF SPECIFIC PROVISIONS: Section 1 Amends Section 2164(2)(5)(6) of the Public Health Law to require that parents and guardians of a child in New York State be encouraged, through the provision of written educational materials and consultation, to administer to such child an adequate dose or doses of an immunizing agent against human papillomavirus (HPV) which meets the standards approved by the United States Public Health Service. Provides that every parent and guardian of a child born after January 1, 1994 and entering the sixth grade or is of a comparable age level on or after September 1, 2012, shall, through the provision of written educational materials and consultation, have administered a HPV booster immunization. Requires the health practitioner who administers the HPV immunization to provide the parent or guardian with a certificate of such immunization. In the event that no certificate or other acceptable evidence of HPV immunization exists, the parent or guardian shall be informed by the principal, teacher, owner or person in charge of the school of the efficacy of voluntary HPV immunization.

Section 2 Amends Section 613(1)(a) of the Public Health Law to require the Commissioner of Health to develop educational efforts to encourage informed, voluntary HPV vaccinations.

Section 3 Effective Date

JUSTIFICATION: Cervical cancer is a worldwide public health issue, and the HPV vaccine may be the solution to it. Every year, 11,000 American women have cervical cancer, and two million more have abnormal pap smears, almost all due to a viral infection.

The Catholic Health Association of the United States says that preventing a life-threatening disease and sexual promiscuity are different issues. Preventing disease is the responsibility of the health care provider, and this vaccine is a way to do that.

PRIOR LEGISLATIVE HISTORY: 2011: S.98 - Notice of Committee Consideration Requested/A.2360 Referred to Health 2009-10: S.1983A - Referred to Health/A.3203A - Referred to Health 2007-08: A.7403 - Referred to Health

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 98--A 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. DIAZ -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to encouraging immun- ization against human papillomavirus (HPV) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The section heading and subdivisions 2, 5 and 6 of section 2164 of the public health law, as amended by chapter 189 of the laws of 2006, subdivision 2 as separately amended by chapter 506 of the laws of 2006, are amended to read as follows: Definitions; immunization against poliomyelitis, mumps, measles, diphtheria, rubella, varicella, HUMAN PAPILLOMAVIRUS (HPV), Haemophilus influenzae type b (Hib), pertussis, tetanus, pneumococcal disease, and hepatitis B. 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. EVERY PERSON IN PARENTAL RELATION TO A CHILD IN THIS STATE SHALL BE ENCOURAGED, THROUGH THE PROVISION OF WRITTEN EDUCATIONAL MATERIALS AND CONSULTATION, TO HAVE ADMINISTERED TO SUCH CHILD AN ADEQUATE DOSE OR DOSES OF AN IMMUNIZING AGENT AGAINST HUMAN PAPILLOMAVIRUS (HPV) 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. 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 UNASSIGNED GRADE ON OR AFTER SEPTEMBER FIRST, TWO THOUSAND TWELVE, SHALL BE ENCOUR- AGED, THROUGH THE PROVISION OF WRITTEN EDUCATIONAL MATERIALS AND CONSUL- TATION, TO HAVE ADMINISTERED TO SUCH CHILD A BOOSTER IMMUNIZATION, WHERE APPLICABLE, AGAINST HUMAN PAPILLOMAVIRUS (HPV) 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. 5. The health practitioner who administers such immunizing agent against poliomyelitis, mumps, measles, diphtheria, Haemophilus influen- zae type b (Hib), rubella, varicella, HUMAN PAPILLOMAVIRUS (HPV), pertussis, tetanus, pneumococcal disease, and hepatitis B 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- nus, and, where applicable, Haemophilus influenzae type b (Hib) and pneumococcal disease, the principal, teacher, owner or person in charge of the school shall inform such person of the necessity to have, OR IN THE CASE OF HUMAN PAPILLOMAVIRUS (HPV) THE EFFICACY OF VOLUNTARILY HAVING, the child immunized, that such immunization 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 immuni- zation, 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. S 2. Paragraph (a) of subdivision 1 of section 613 of the public health law, as amended by chapter 36 of the laws of 2010, 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, varicella, hepatitis B, pneumococcal disease, and the immunity of adults of the state against diseases iden- tified by the commissioner, including but not limited to influenza, smallpox, and hepatitis. The commissioner shall encourage the munici- palities in the state to develop and shall assist them in the develop- ment and the execution of local programs of inoculation to raise the immunity of the children and adults of each municipality to the highest reasonable level. Such programs shall include provision of vaccine, surveillance of vaccine effectiveness by means of laboratory tests, serological testing of individuals 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 inoculation to prevent their occurrence. EDUCATIONAL EFFORTS SHALL INCLUDE, BUT NOT BE LIMITED TO, INFORMATION ABOUT THE EFFICACY OF IMMUNIZING AGAINST HUMAN PAPILLOMAVIRUS (HPV) TO ENCOURAGE INFORMED, VOLUNTARY VACCINATIONS. S 3. This act shall take effect immediately.

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