NY State Senate Bill 2009-S6745

Senate Bill S6745

2009-2010 Legislative Session

Authorizes the immunization against hepatitis B of minors capable of consent who are housed in a local or state correctional facility

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Archive: Last Bill Status - In Senate Committee Health Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 02, 2010	referred to health

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2009-S6745 (ACTIVE) - Details

See Assembly Version of this Bill:: A1311
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2504-a, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:: S1408, A2812

2009-S6745 (ACTIVE) - Summary

Authorizes the immunization against hepatitis B of minors capable of consent who are housed in a local or state correctional facility.

2009-S6745 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6745

 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


 PURPOSE :
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.

 EXISTING LAW :
Public Health Law section 2305 provides for exceptions to parental
consent for treatment of sexually transmitted diseases (STDs) to
minors.

 JUSTIFICATION :
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.

 LEGISLATIVE HISTORY :
S.5547 of 2007-2008

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S6745 (ACTIVE) - Bill Text download pdf

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

                                  6745

                            I N  S E N A T E

                            February 2, 2010
                               ___________

Introduced  by  Sens. HANNON, DeFRANCISCO, MORAHAN, VOLKER -- 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.
                                                           LBD04346-01-9

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Senate Bill S6745

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