S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    933
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced by M. of A. PAULIN, GUNTHER, ORTIZ, HOOPER -- Multi-Sponsored
   by  --  M.  of  A.  DINOWITZ,  LIFTON -- 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. Section 2164 of the public health law, as amended by  chap-
 ter 401 of the laws of 2015, is amended to read as follows:
   §   2164.  Definitions;  immunization  against  poliomyelitis,  mumps,
 measles, diphtheria, rubella,  varicella,  HUMAN  PAPILLOMAVIRUS  (HPV),
 Haemophilus  influenzae  type  b (Hib), pertussis, tetanus, pneumococcal
 disease, meningococcal disease, 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.
              

                                                            LBD05324-01-7

 A. 933                              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, 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
 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.
   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,
 meningococcal disease, 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,  HUMAN  PAPILLOMAVIRUS (HPV),
 pertussis, tetanus, pneumococcal  disease,  meningococcal  disease,  and
 hepatitis B to any such child shall give a certificate of such immuniza-
 tion 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),  meningococcal  disease,  and  pneumococcal
 disease, the principal, teacher, owner or person in charge of the school

 A. 933                              3
 
 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 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  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.
   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,  HUMAN  PAPILLOMAVIRUS  (HPV),  hepatitis  B,
 pertussis, tetanus, and, where applicable, Haemophilus influenzae type b
 (Hib), meningococcal disease, and pneumococcal disease; provided, howev-
 er,  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.
   (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, HUMAN PAPILLOMAVIRUS (HPV), hepatitis B, pertussis, tetanus, and,
 where applicable, Haemophilus influenzae  type  b  (Hib),  meningococcal
 disease,  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
 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

 A. 933                              4
 
 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.
   § 2. 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.
   §  3.  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 section one of this act shall apply only to children born
 on or after January 1, 1996.