S T A T E   O F   N E W   Y O R K
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                                  1822

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2015
                               ___________

Introduced by M. of A. PAULIN, GUNTHER, MARKEY, ORTIZ, ROBINSON, HOOPER,
  SCHIMEL -- Multi-Sponsored by -- M. of A. DINOWITZ, LIFTON, RA -- 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 and 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01836-01-5
              

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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
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:

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  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. Paragraph (a) of subdivision 1  of  section  613  of  the  public
health law, as amended by section 24 of part E of chapter 56 of the laws
of 2013, 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, HUMAN PAPILLOMAVIRUS (HPV),
hepatitis B, pneumococcal disease, and the immunity  of  adults  of  the
state against diseases identified by the commissioner, including but not
limited to influenza, smallpox, hepatitis and such other diseases as the
commissioner  may  designate through regulation.   Municipalities in the
state shall maintain local programs of immunization to raise the immuni-
ty of the children and  adults  of  each  municipality  to  the  highest
reasonable  level,  in  accordance  with  an  application  for state aid
submitted by the municipality and approved  by  the  commissioner.  Such
programs  shall  include  assurance of provision of vaccine, 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  immunizations  to  prevent
their occurrence.
  S  5.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it  shall  have  become  a  law;  provided,
however,  that  sections one, two and three of this act shall apply only
to children born on or after January 1, 1996.