S T A T E   O F   N E W   Y O R K
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                                  8633

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            December 23, 2015
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Health

AN ACT to amend the public health law, in relation to mandatory influen-
  za vaccine for persons attending daycare

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

  Section 1. Section 2164 of the public health law, as amended by  chap-
ter 401 of the laws of 2015, is amended to read as follows:
  S   2164.  Definitions;  immunization  against  poliomyelitis,  mumps,
measles, diphtheria, rubella, varicella, Haemophilus influenzae  type  b
(Hib),  pertussis, tetanus, pneumococcal disease, meningococcal disease,
INFLUENZA VIRUS, and hepatitis B. 1. As used in this section, unless the
context requires otherwise:
  a. The term "school" means and includes any public, private  or  paro-
chial child caring center, day nursery, day care agency, nursery school,
kindergarten, elementary, intermediate or secondary school.
  b. The term "child" shall mean and include any person between the ages
of two months and eighteen years.
  c.  The  term  "person in parental relation to a child" shall mean and
include his  father  or  mother,  by  birth  or  adoption,  his  legally
appointed  guardian, or his custodian. A person shall be regarded as the
custodian of a child if he has assumed the charge and care of the  child
because  the  parents  or  legally  appointed guardian of the minor have
died, are imprisoned, are mentally ill, or have  been  committed  to  an
institution,  or  because  they have abandoned or deserted such child or
are living outside the state or their whereabouts are unknown,  or  have
designated the person pursuant to title fifteen-A of article five of the
general obligations law as a person in parental relation to the child.
  d.  The term "health practitioner" shall mean any person authorized by
law to administer an immunization.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13395-01-5

              

A. 8633                             2

  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,  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, 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.
  c. Every person in parental relation to a child in this state entering
or having entered seventh grade and twelfth grade or  a  comparable  age
level  special  education  program  with an unassigned grade on or after
September first, two thousand sixteen, shall have administered  to  such
child an adequate dose or doses of immunizing agents against meningococ-
cal  disease  as  recommended  by the advisory committee on immunization
practices of the centers for disease control and prevention, 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  and  planning
council.
  D. EVERY PERSON IN PARENTAL RELATION TO A CHILD IN THIS STATE ENTERING
OR  HAVING ENTERED A LICENSED AND REGISTERED CHILD DAYCARE HOME, PROGRAM
OR FACILITY ON OR AFTER SEPTEMBER FIRST,  TWO  THOUSAND  SIXTEEN,  SHALL
HAVE  ADMINISTERED TO SUCH CHILD AN ADEQUATE DOSE OR DOSES OF IMMUNIZING
AGENTS AGAINST INFLUENZA VIRUS AS RECOMMENDED BY THE ADVISORY  COMMITTEE
ON  IMMUNIZATION  PRACTICES  OF  THE  CENTERS  FOR  DISEASE  CONTROL AND
PREVENTION, 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 AND PLANNING 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,
pertussis, tetanus, pneumococcal disease, meningococcal disease,  INFLU-
ENZA  VIRUS,  and  hepatitis  B  as  provided in subdivision two of this
section.
  4. If any person in parental relation to such child is unable  to  pay
for  the  services  of  a private health practitioner, such person shall
present such child to the health officer of  the  county  in  which  the
child  resides,  who  shall then administer the immunizing agent without
charge.
  5. The health  practitioner  who  administers  such  immunizing  agent
against  poliomyelitis, mumps, measles, diphtheria, Haemophilus influen-
zae type b (Hib), rubella, varicella, pertussis,  tetanus,  pneumococcal
disease,  meningococcal disease, INFLUENZA VIRUS, and hepatitis B to any

A. 8633                             3

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, hepatitis B, pertussis, teta-
nus, and, where applicable, Haemophilus influenzae type b (Hib),  menin-
gococcal disease, INFLUENZA VIRUS, and pneumococcal disease, the princi-
pal,  teacher, owner or person in charge of the school shall inform such
person of the necessity to have the child immunized, that such immuniza-
tion may be administered by any health practitioner, or that  the  child
may  be  immunized  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  appli-
cation 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.
  7. (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, hepatitis B,  pertussis,  tetanus,  and,  where
applicable,  Haemophilus influenzae type b (Hib), meningococcal disease,
INFLUENZA VIRUS, and pneumococcal disease; provided, however, such four-
teen 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 neces-
sary certification or other evidence of immunization.
  (b) A parent, a guardian or any other person in parental  relationship
to  a  child denied school entrance or attendance may appeal by petition
to the commissioner of education in accordance with  the  provisions  of
section three hundred ten of the education law.
  8. If any physician licensed to practice medicine in this state certi-
fies  that such immunization may be detrimental to a child's health, the
requirements of this section shall be inapplicable until such  immuniza-
tion is found no longer to be detrimental to the child's health.
  8-a.  Whenever  a  child  has  been refused admission to, or continued
attendance 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 immuni-
zation against poliomyelitis, mumps, measles, diphtheria, rubella, vari-
cella, hepatitis B, pertussis, tetanus, and, where applicable, Haemophi-
lus influenzae type b (Hib), meningococcal disease, INFLUENZA VIRUS, and
pneumococcal disease, the principal, teacher, owner or person in  charge
of the school shall:
  a. forward a report of such exclusion and the name and address of such
child  to  the  local  health  authority  and  to the person in parental

A. 8633                             4

relation to the child together with a notification of the responsibility
of such person under subdivision two of  this  section  and  a  form  of
consent as prescribed by regulation of the commissioner, and
  b.  provide,  with  the  cooperation  of  the appropriate local health
authority, for a time and place at which an immunizing agent  or  agents
shall  be  administered, as required by subdivision two of this section,
to a child for whom a consent has been obtained. Upon failure of a local
health authority to cooperate in arranging for a time and place at which
an immunizing agent or agents  shall  be  administered  as  required  by
subdivision two of this section, the commissioner shall arrange for such
administration and may recover the cost thereof from the amount of state
aid to which the local health authority would otherwise be entitled.
  9.  This section shall not apply to children whose parent, parents, or
guardian hold genuine and sincere religious beliefs which  are  contrary
to  the  practices herein required, and no certificate shall be required
as a prerequisite to such  children  being  admitted  or  received  into
school or attending school.
  10.  The  commissioner  may  adopt  and amend rules and regulations to
effectuate the provisions and purposes of this section.
  11. Every school shall annually provide  the  commissioner,  on  forms
provided  by  the  commissioner, a summary regarding compliance with the
provisions of this section.
  S 2. This act shall take effect immediately.