S T A T E O F N E W Y O R K
________________________________________________________________________
7734--A
2013-2014 Regular Sessions
I N A S S E M B L Y
May 31, 2013
___________
Introduced by M. of A. PAULIN, GOTTFRIED -- read once and referred to
the Committee on Health -- reported and referred to the Committee on
Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the public health law, in relation to the statewide
immunization information system
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 2 of section 2168 of the
public health law, as amended by section 7 of part A of chapter 58 of
the laws of 2009, is amended to read as follows:
(a) The term "authorized user" shall mean any person or entity author-
ized to provide information to or to receive information from the state-
wide immunization information system and shall include health care
providers and their designees, as defined in paragraph (d) of this
subdivision, schools as defined in paragraph a of subdivision one of
section twenty-one hundred sixty-four of this title, COLLEGES AS DEFINED
IN SECTION TWO OF THE EDUCATION LAW, PROFESSIONAL AND TECHNICAL SCHOOLS
AS REFERRED TO IN THE DEFINITION OF HIGHER EDUCATION IN SECTION TWO OF
THE EDUCATION LAW, CHILDREN'S OVERNIGHT CAMPS AND SUMMER DAY CAMPS AS
DEFINED IN SECTION THIRTEEN HUNDRED NINETY-TWO OF THIS CHAPTER, third
party payer as defined in paragraph (f) of this subdivision, local
health districts as defined by paragraph (c) of subdivision one of
section two of this chapter, local social services districts and the
office of children and family services with regard to children in their
legal custody, and WIC programs as defined in paragraph (g) of this
subdivision. An authorized user may be located outside New York state.
An entity other than a local health district shall be an authorized user
only with respect to a person seeking or receiving a health care service
from the health care provider, a person enrolled or seeking to be
enrolled in the school, a person insured by the third party payer, a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10914-04-3
A. 7734--A 2
person in the custody of the local social services district or the
office of children and family services, or a person seeking or receiving
services through WIC programs, as the case may be.
S 2. Paragraph (a) of subdivision 3 of section 2168 of the public
health law, as amended by section 7 of part A of chapter 58 of the laws
of 2009, is amended to read as follows:
(a) Any health care provider who administers any vaccine to a person
less than nineteen years of age or, on or after September first, two
thousand nine, conducts a blood lead analysis of a sample obtained from
a person under eighteen years of age in accordance with paragraph (h) of
subdivision two of this section; and immunizations received by a person
less than nineteen years of age in the past if not already reported,
shall report all such immunizations and the results of any blood lead
analysis to the department in a format prescribed by the commissioner
within fourteen days of administration of such immunizations or of
obtaining the results of any such blood lead analysis. Health care
providers administering immunizations to persons less than nineteen
years of age in the city of New York shall report, in a format
prescribed by the city of New York commissioner of health and mental
hygiene, all such immunizations to the citywide immunization registry.
The commissioner, and for the city of New York the commissioner of
health and mental hygiene, shall have the discretion to accept for
inclusion in the system information regarding immunizations administered
to individuals nineteen years of age or older with the [express written]
consent of the [vaccine] VACCINEE. Health care providers who conduct a
blood lead analysis on a person under eighteen years of age and who
report the results of such analysis to the city of New York commissioner
of health and mental hygiene pursuant to New York city reporting
requirements shall be exempt from this requirement for reporting blood
lead analysis results to the state commissioner of health; provided,
however, blood lead analysis data collected from physician office labo-
ratories by the commissioner of health and mental hygiene of the city of
New York pursuant to the health code of the city of New York shall be
provided to the department in a format prescribed by the commissioner.
S 3. Paragraph (f) of subdivision 5 of section 2168 of the public
health law, as amended by section 7 of part A of chapter 58 of the laws
of 2009, is amended to read as follows:
(f) The immunization status of children exempt from immunizations
pursuant to subdivision eight of [this] section TWENTY-ONE HUNDRED
SIXTY-FOUR OF THIS TITLE and a parent claiming exemption pursuant to
subdivision nine of section twenty-one hundred sixty-four of this title
shall be reported by the health care provider.
S 4. Paragraph (d) of subdivision 8 of section 2168 of the public
health law, as amended by section 7 of part A of chapter 58 of the laws
of 2009, is amended to read as follows:
(d) The following authorized users shall have access to the statewide
immunization information system and the blood lead information in such
system and the citywide immunization registry for the purposes stated in
this paragraph: (i) schools for verifying immunization status for eligi-
bility for admission; (ii) COLLEGES FOR VERIFYING IMMUNIZATION STATUS
FOR ELIGIBILITY FOR ADMISSION; (III) PROFESSIONAL AND TECHNICAL SCHOOLS
FOR VERIFYING IMMUNIZATION STATUS FOR ELIGIBILITY FOR ADMISSION; (IV)
CHILDREN'S OVERNIGHT CAMPS AND SUMMER DAY CAMPS FOR VERIFYING IMMUNIZA-
TION STATUS OF CHILDREN ATTENDING CAMP; (V) third party payer for
performing quality assurance, accountability and outreach, relating to
enrollees covered by the third party payer; [(iii)] (VI) commissioners
A. 7734--A 3
of local social services districts with regard to a child in his/her
legal custody; [(iv)] (VII) the commissioner of the office of children
and family services with regard to children in their legal custody, and
for quality assurance and accountability of commissioners of local
social services districts, care and treatment of children in the custody
of commissioners of local social services districts; and [(v)] (VIII)
WIC programs for the purposes of verifying immunization and lead testing
status for those seeking or receiving services.
S 5. Subdivision 8 of section 2168 of the public health law is amended
by adding a new paragraph (e) to read as follows:
(E) INSTITUTES OF HIGHER EDUCATION, MEDICAL RESEARCH CENTERS OR OTHER
INSTITUTIONS ENGAGED IN EPIDEMIOLOGICAL RESEARCH OR OTHER PUBLIC HEALTH
RESEARCH SHALL HAVE ACCESS TO DE-IDENTIFIED REGISTRANT INFORMATION IN
THE STATEWIDE IMMUNIZATION INFORMATION SYSTEM OR THE CITYWIDE IMMUNIZA-
TION REGISTRY FOR RESEARCH PURPOSES IF APPROVED BY THE COMMISSIONER OR
THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE OF THE
CITY OF NEW YORK, AS APPROPRIATE.
S 6. Subdivision 11 of section 2168 of the public health law, as
amended by section 7 of part A of chapter 58 of the laws of 2009, is
amended to read as follows:
11. The commissioner, or in the city of New York, the commissioner of
the department of health and mental hygiene, may provide registrant
specific immunization AND LEAD TEST records to other state OR CITY
registries AND REGISTRIES MAINTAINED BY THE INDIAN HEALTH SERVICE AND
TRIBAL NATIONS RECOGNIZED BY THE STATE OR THE UNITED STATES pursuant to
a written agreement requiring that the [out-of-state] OTHER registry
conform to national standards for maintaining the integrity of the data
and will not be used for purposes inconsistent with the provisions of
this section.
S 7. This act shall take effect immediately.