S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   778

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. PAULIN, GOTTFRIED, GUNTHER, WEINSTEIN, ESPAILLAT,
  GREENE, MARKEY, ORTIZ, ROBINSON, CONTE, ALFANO, HOOPER, SPANO, GABRYS-
  ZAK,  SCHIMEL,  TITONE  -- Multi-Sponsored by -- M. of A. BARRA, BING,
  BRODSKY, CUSICK,  DESTITO,  DIAZ,  DINOWITZ,  KELLNER,  KOON,  LIFTON,
  MAYERSOHN,  TOWNS,  WEISENBERG, ZEBROWSKI -- read once and referred to
  the Committee on Health

AN ACT to amend the public health law, in relation to requiring  immuni-
  zation 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,  3,  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,  HUMAN  PAPILLOMAVIRUS  (HPV),  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD01608-01-9

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administered to such child a booster immunization containing  diphtheria
and  tetanus  toxoids, [and] an acellular pertussis vaccine, AND A HUMAN
PAPILLOMAVIRUS (HPV) 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.
  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,
HUMAN PAPILLOMAVIRUS (HPV), pertussis,  tetanus,  pneumococcal  disease,
and hepatitis B as provided in subdivision two of this section.
  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,  HUMAN  PAPILLOMAVIRUS  (HPV),
hepatitis  B,  pertussis,  tetanus,  and,  where applicable, Haemophilus
influenzae type b (Hib) and pneumococcal disease, the principal,  teach-
er,  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.
  S 2. Paragraph (a) of subdivision 7 of  section  2164  of  the  public
health law, as amended by chapter 189 of the laws of 2006, is amended to
read as follows:
  (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,  HUMAN  PAPILLOMAVIRUS  (HPV),  hepatitis  B,
pertussis, tetanus, and, where applicable, Haemophilus influenzae type b
(Hib)  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

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another  country  and  can show a good faith effort to get the necessary
certification or other evidence of immunization.
  S  3.  The opening paragraph of subdivision 8-a of section 2164 of the
public health law, as amended by chapter 189 of the  laws  of  2006,  is
amended to read as follows:
  Whenever  a  child has been refused admission to, or continued attend-
ance 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  immunization
against  poliomyelitis,  mumps, measles, diphtheria, rubella, varicella,
HUMAN PAPILLOMAVIRUS (HPV), hepatitis B, pertussis, tetanus, and,  where
applicable,   Haemophilus  influenzae  type  b  (Hib)  and  pneumococcal
disease, the principal, teacher, owner or person in charge of the school
shall:
  S 4. Subdivision 1 of section 613 of the public health law, as amended
by chapter 189 of the laws of 2006, is amended to read as follows:
  1. 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,  poliomyelitis,
measles,  mumps,  rubella, haemophilus influenzae type b (Hib), diphthe-
ria, pertussis, tetanus, varicella, HUMAN PAPILLOMAVIRUS (HPV),  hepati-
tis  B,  pneumococcal  disease,  and the immunity of adults of the state
against diseases identified  by  the  commissioner,  including  but  not
limited  to  influenza,  smallpox, and hepatitis. The commissioner shall
encourage the municipalities in the state to develop  and  shall  assist
them  in  the  development and the execution of local programs of inocu-
lation to raise the immunity of the children and adults of each  munici-
pality  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. The commissioner shall invite
and encourage the active assistance and cooperation  in  such  education
activities  of:   the medical societies, organizations of other licensed
health personnel, hospitals, corporations subject to article forty-three
of the insurance law, trade  unions,  trade  associations,  parents  and
teachers  and  their  associations, the media of mass communication, and
such other voluntary groups and organizations of citizens as he  or  she
shall  deem  appropriate.  The  public health council, the department of
education, the department of family assistance, and  the  department  of
mental  hygiene  shall  provide the commissioner with such assistance in
carrying out the program as he or she shall  request.  All  other  state
agencies  shall  also  render  such  assistance  as the commissioner may
reasonably require for this program. Nothing in this  subdivision  shall
authorize  mandatory  immunization  of  adults  or  children,  except as
provided  in  sections  twenty-one  hundred  sixty-four  and  twenty-one
hundred sixty-five of this chapter.
  S 5.  This act shall take effect September 1, 2010; provided, however,
that  sections  one, two and three of this act shall apply only to chil-
dren born on or after January 1, 1996.