NY State Senate Bill 2009-S3911

Senate Bill S3911

Signed By Governor

2009-2010 Legislative Session

Requires a general hospital with a neonatal intensive care unit to offer a vaccination against influenza virus

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 28, 2009	signed chap.282
Jul 17, 2009	delivered to governor
Jun 02, 2009	returned to senate passed assembly ordered to third reading cal.300 substituted for a876a
Jun 01, 2009	referred to health delivered to assembly passed senate
May 26, 2009	amended on third reading 3911a
May 11, 2009	advanced to third reading
May 06, 2009	2nd report cal.
May 05, 2009	1st report cal.254
Apr 21, 2009	reported and committed to codes
Apr 03, 2009	referred to health

Votes

- Jun 1, 2009 - Floor Vote
  S3911
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 1, 2009
      
      aye (59)
      
      Adams
      
      Addabbo Jr.
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (3)
      
      Alesi
      
      Larkin
      
      Seward

Bill Amendments

Original

A (Active)

2009-S3911 - Details

2009-S3911 - Summary

Requires a general hospital with a neonatal intensive care unit to offer to every parent, person in parental relation, and person who is reasonably anticipated to be a caregiver in the household of a newborn being treated in such neonatal intensive care unit a vaccination against influenza virus.

2009-S3911 - Sponsor Memo

                                 BILL NUMBER:  S3911

 TITLE OF BILL :
An act to amend the public health law, in relation to requiring a
neonatal intensive care unit to offer vaccination against influenza
virus for certain persons


 PURPOSE :
Requires a general hospital with a neonatal intensive care unit (NICU)
to offer flu vaccine to the parents and anticipated caregivers of
newborns currently in the NICU.

 SUMMARY OF PROVISIONS :
This bill requires a general hospital with a neonatal intensive care
unit (NICU) to offer flu vaccine to the parents and anticipated
caregivers of newborns currently in the NICU.  The vaccine need not be
offered to anyone who has already received it or for whom it may be
medically inappropriate. This bill requires hospitals to adopt an
influenza immunization policy which shall include but not be limited
to: procedures for implementing the provisions of this subdivision,
identifying the people who flu vaccine should be offered to, offering
the vaccine, and ensuring that people who are offered vaccine also
receive information on the risks and benefits of vaccination. The
hospital shall also develop a standing order policy and a system for
documenting vaccine administration, contraindications, patient

refusals and any adverse events. Allows the Commissioner of Health to
waive the requirements of this subdivision due to vaccine shortage.

 EXISTING LAW :
New bill.

 JUSTIFICATION :
Newborns treated in NICUs are at very high risk of disability or death
should they contract the flu. For clinical reasons, it is not
advisable to vaccinate the newborns themselves. Inasmuch as these
delicate newborns may be exposed to the flu upon their arrival home,
it is appropriate for parents and persons in parental relation to be
offered the flu vaccine by the hospital in which their newborns are
being treated.

 LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
90th day after it becomes law.

2009-S3911 - Bill Text download pdf

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

                                  3911

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 3, 2009
                               ___________

Introduced  by  Sen.  DUANE  -- 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 requiring a neona-
  tal intensive care unit to offer vaccination against  influenza  virus
  for certain persons

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The subdivision heading of subdivision 2 of section  2805-h
of  the  public health law, as added by chapter 266 of the laws of 2006,
is amended and a new subdivision 3 is added to read as follows:
  Immunizations against influenza and pneumococcal FOR  CERTAIN  PERSONS
SIXTY-FIVE OR OLDER.
  3. IMMUNIZATIONS AGAINST INFLUENZA; NEONATAL INTENSIVE CARE UNITS. (A)
ANNUALLY  BETWEEN  SEPTEMBER FIRST AND APRIL FIRST, IT SHALL BE THE DUTY
OF EACH GENERAL HOSPITAL WITH A NEONATAL INTENSIVE CARE UNIT TO OFFER TO
EVERY PARENT OR PERSON IN PARENTAL RELATION  WHO  IS  REASONABLY  ANTIC-
IPATED  TO BE A CAREGIVER IN THE HOUSEHOLD OF A NEWBORN BEING TREATED IN
THE NEONATAL INTENSIVE CARE UNIT VACCINATION  AGAINST  INFLUENZA  VIRUS,
AND  REFER  SUCH  PARENT  OR  PERSON IN PARENTAL RELATION TO A LOCATION,
INCLUDING THE OUTPATIENT DEPARTMENT OF A GENERAL HOSPITAL OR OTHER  AREA
OF  THE  HOSPITAL,  WHERE  THE PARENT OR PERSON IN PARENTAL RELATION MAY
RECEIVE THE VACCINATION AGAINST INFLUENZA VIRUS. SUCH  GENERAL  HOSPITAL
NEED  NOT  OFFER  THE  VACCINATION  TO  PARENTS  AND PERSONS IN PARENTAL
RELATION WHO HAVE ALREADY RECEIVED  SUCH  VACCINE  OR  FOR  WHOM  IT  IS
MEDICALLY INAPPROPRIATE.
  (B) EACH GENERAL HOSPITAL SHALL ADOPT AN INFLUENZA IMMUNIZATION POLICY
WHICH  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, THE FOLLOWING: PROCEDURES
IMPLEMENTING THIS SUBDIVISION OR (I) IDENTIFYING THE PARENTS AND PERSONS
IN PARENTAL RELATION TO WHOM VACCINATION  SHALL  BE  OFFERED;  (II)  THE
OFFERING  OF  VACCINATION;  (III)  ENSURING  THAT PARENTS AND PERSONS IN
PARENTAL RELATION OFFERED VACCINATION RECEIVE INFORMATION REGARDING  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00371-01-9

S. 3911                             2

RISKS AND BENEFITS OF VACCINATION AND REFUSAL TO BE VACCINATED; AND (IV)
A  SYSTEM  FOR  DOCUMENTING THE OFFER OF VACCINE ADMINISTRATION, MEDICAL
CONTRA-INDICATIONS, PATIENT REFUSALS AND  ANY  POST-VACCINATION  ADVERSE
EVENTS KNOWN TO THE GENERAL HOSPITAL.
  (C)  THE  COMMISSIONER  MAY WAIVE THE REQUIREMENTS OF THIS SUBDIVISION
DUE TO A SHORTAGE OF INFLUENZA VACCINE.
  (D) THE OBLIGATION OF A GENERAL HOSPITAL WITH RESPECT TO THIS  SECTION
SHALL  EXTEND  ONLY  TO  OFFERING  THE VACCINE AND REFERRING A PARENT OR
PERSON IN PARENTAL RELATION, IDENTIFIED IN PARAGRAPH (A) OF THIS  SUBDI-
VISION, WHO WISHES TO BE VACCINATED TO A LOCATION WHERE HE OR SHE MAY BE
VACCINATED.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

2009-S3911A (ACTIVE) - Details

2009-S3911A (ACTIVE) - Summary

2009-S3911A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3911A

 TITLE OF BILL :
An act to amend the public health law, in relation to requiring a
neonatal intensive care unit to offer vaccination against influenza
virus for certain persons


 PURPOSE :
Requires a general hospital with a neonatal intensive care unit (NICU)
to offer flu vaccine to the parents and anticipated caregivers of
newborns currently in the NICU.

 SUMMARY OF PROVISIONS :
This bill requires a general hospital with a neonatal intensive care
unit (NICU) to offer flu vaccine to the parents and anticipated
caregivers of newborns currently in the NICU. The vaccine need not be
offered to anyone who has already received it or for whom it may be
medically inappropriate. This bill requires hospitals to adopt an
influenza immunization policy which shall include but not be limited
to: procedures for implementing the provisions of this subdivision,
identifying the people who flu vaccine should be offered to, offering
the vaccine, and ensuring that people who are offered vaccine also
receive information on the risks and benefits of vaccination. The
hospital shall also develop a standing order policy and a system for
documenting vaccine administration, contraindications, patient

refusals and any adverse events. Allows the Commissioner of Health to
waive the requirements of this subdivision due to vaccine shortage.

 EXISTING LAW :
New bill.

 JUSTIFICATION :
Newborns treated in NICUs are at very high risk of disability or death
should they contract the flu. For clinical reasons, it is not
advisable to vaccinate the newborns themselves. Inasmuch as these
delicate newborns may be exposed to the flu upon their arrival home,
it is appropriate for parents and persons in parental relation to be
offered the flu vaccine by the hospital in which their newborns are
being treated.

 LEGISLATIVE HISTORY :
2008: A.5475-A (Gottfried) - passed Assembly; S.4601-A (Hannon) -
committed to Rules

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
120th day after it becomes law.

2009-S3911A (ACTIVE) - Bill Text download pdf

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

                                 3911--A
    Cal. No. 254

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 3, 2009
                               ___________

Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health -- reported favora-
  bly from said committee and committed to the  Committee  on  Codes  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN ACT to amend the public health law, in relation to requiring a neona-
  tal  intensive  care unit to offer vaccination against influenza virus
  for certain persons

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The subdivision heading of subdivision 2 of section 2805-h
of the public health law, as added by chapter 266 of the laws  of  2006,
is amended and a new subdivision 3 is added to read as follows:
  Immunizations  against  influenza and pneumococcal FOR CERTAIN PERSONS
SIXTY-FIVE OR OLDER.
  3. IMMUNIZATIONS AGAINST INFLUENZA; NEONATAL INTENSIVE CARE UNITS. (A)
ANNUALLY BETWEEN SEPTEMBER FIRST AND APRIL FIRST, IT SHALL BE  THE  DUTY
OF EACH GENERAL HOSPITAL WITH A NEONATAL INTENSIVE CARE UNIT TO OFFER TO
EVERY  PARENT  OR  PERSON  IN PARENTAL RELATION WHO IS REASONABLY ANTIC-
IPATED TO BE A CAREGIVER IN THE HOUSEHOLD OF A NEWBORN BEING TREATED  IN
THE  NEONATAL  INTENSIVE  CARE UNIT VACCINATION AGAINST INFLUENZA VIRUS.
IF THE PARENT OR PERSON IN PARENTAL RELATION WISHES  TO  BE  VACCINATED,
THE  HOSPITAL  SHALL  PROVIDE  THE PERSON WITH THE VACCINATION.   IF THE
PARENT OR PERSON IN PARENTAL RELATION DECLINES  THE  HOSPITAL  OFFER  OR
WISHES  TO  DEFER VACCINATION, THE HOSPITAL SHALL PROVIDE INFORMATION ON
WHERE SUCH PERSON MAY BE VACCINATED.  SUCH  GENERAL  HOSPITAL  NEED  NOT
OFFER  THE  VACCINATION  TO PARENTS AND PERSONS IN PARENTAL RELATION WHO
HAVE ALREADY RECEIVED SUCH VACCINE OR FOR WHOM IT IS MEDICALLY  INAPPRO-
PRIATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00371-03-9

S. 3911--A                          2

  (B)  EACH  GENERAL HOSPITAL SHALL ADOPT A POLICY FOR IMPLEMENTING THIS
SUBDIVISION, DOCUMENTING THE OFFER OF VACCINE ADMINISTRATION.
  (C)  THE  COMMISSIONER  MAY WAIVE THE REQUIREMENTS OF THIS SUBDIVISION
DUE TO A SHORTAGE OF INFLUENZA VACCINE.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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