NY State Senate Bill 2017-S132

Senate Bill S132

2017-2018 Legislative Session

Provides for the immunization of all children born after January 1, 1998 against the human papillomavirus (HPV)

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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
Jan 03, 2018	referred to health
Jan 04, 2017	referred to health

2017-S132 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§2164 & 613, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7315
2015-2016: S509
2019-2020: S298

2017-S132 (ACTIVE) - Summary

Provides for the immunization of all children born after January 1, 1998 with the human papillomavirus (HPV).

2017-S132 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S132

 TITLE OF BILL :

An act to amend the public health law, in relation to requiring
immunization against human papillomavirus (HPV)

 PURPOSE OR GENERAL IDEA OF BILL :

To ensure that immunization against HPV be administered to children in
New York State in the same manner and according to the same time
schedule that other immunizations are currently administered

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends section 2164 of the public health law, as amended by
chapter 169 of the laws of 2006.

Section 2 amends 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.

Section 3 establishes the effective date.

 JUSTIFICATION :

Cervical cancer is the second-leading cancer among women worldwide,
affecting an estimated 470,000 worldwide resulting in 233,000 deaths
annually. In the United States, the American Cancer Society (ACS)
estimates that approximately 12,990 cases of cervical cancer were
diagnosed in 2016 and approximately 4,120 women died from cervical
cancer. The American College of Obstetricians and Gynecologists
estimates that in New York approximately 1,000 women are newly
diagnosed with invasive cervical cancer and approximately 300 women
die from the disease.

According to ACS, 99.7% of all cervical cancer cases are linked to
human papillomavirus (HPV). The types of HPV that cause cervical
cancer are sexually transmitted. ACS estimates that at least 80% of
sexually active women in the United States will have HPV by age 50,
with most cases acquired soon after individuals have sex for the first
time. While the majority of cases resolve on their own, for women
whose body defenses are not sufficient to clear the virus, cervical
cancer can develop later in life (it can take up to 20 years for an
HPV infection to cause cervical cancer).

A vaccine against the types of HPV linked to most cases of cervical
cancer, Gardasil, was first approved by the United States Food and
Drug Administration in 2006, with a newer version, Gardasil 9,
approved in 2014 to cover additional strains of the virus. The Centers
of Disease Control and Prevention (CDC) and its Advisory Committee on
Immunization Practices (ACIP) recommended the routine vaccination of
girls 11-12 years of age, but noted that the vaccine can be given to
girls as young as 9 up to age 26.  When CDC has recommended the
vaccination of school-age children, New York adds such recommended
vaccination to the list of vaccinations required for school entry.

Gardasil is shown to protect against two types of HPV that cause about
70% of cervical cancers and two other types of HPV that cause 90% of
genital warts. The vaccine is given as a series of three shots over a
period of six months. Another vaccine against HPV, Cervarix, was
approved by the FDA in 2009.

Cervical cancer screening, through Pap tests and other detection
technologies, together with the new vaccine now make cervical cancer
one of the most preventable forms of cancers. Further, vaccination
against HPV has the potential to significantly reduce cervical cancer
incidence and mortality within our underserved populations - poor and
rural communities and black and Hispanic communities, which are
disproportionately affected by cervical cancer. In 2006, ACS estimated
that more than half of the women in the United States diagnosed with
cervical cancer had not had a Pap test in the last three years. These
women are disproportionately low income, black and Hispanic who lacked
access to affordable health services.

The vaccine is most effective when given to individuals before they
are infected with HPV through sexual contact. ACIP therefore
recommends that females should be vaccinated before sexual activity.
To significantly reduce cervical cancer deaths in this country and the
world, it is necessary to achieve near-universal vaccination of girls
and young women prior to sexual activity. The most effective way to
achieve rapid and widespread vaccination, as suggested by the
Guttmacher Institute, is by requiring children to be vaccinated prior
to attending school. School-based immunization will also help to close
racial, ethnic and socioeconomic gaps in immunization rates.  Because
many individuals have no health insurance coverage or access to
affordable care, a school vaccination program will facilitate
protecting individuals who are or may potentially become disconnected
from health care services.

By requiring vaccination of girls at an early age, before they have
engaged in sexual activity and before they have left school, we have a
greater chance of preventing cervical cancer. The Guttmacher Institute
reports that surveys of teens in the United States show that over 15%
of them have had sex by the age of 15 and nearly 50% have had sex by
age 19. And, according to the Guttmacher Institute, school dropout
rates begin to increase as early as age 13. Middle school may
therefore be viewed as "the last public health gate that an entire
age-group of individuals pass through together-regardless of race,
ethnicity or socio-economic status." Guttmacher Policy Review, Fall
2006. This bill will allow the department of health to determine the
age at which girls will be required to be vaccinated in light of ACIP
recommendations.

Currently, the cost of the vaccine is covered by Medicaid and Medicaid
managed care plans, Child Health Plus and Family Health Plus. The
federal Vaccines for Children program covers the vaccination of
eligible girls under age 18.

$1.5 million was included in the governor's budget proposal in 2009 to
promote and expand access to the vaccine for low-income teens and
women.

Texas became the first state to require vaccination of school girls
ages 11 and 12 against HPV in 2007, soon to be followed by Virginia,
Rhode Island, and the District of Columbia. Since 2006, at least 42
states and territories have introduced legislation to require the
vaccine, fund its expansion, or educate the public or school children
about the vaccine.

 PRIOR LEGISLATIVE HISTORY :

S.509-A of 2015-2016 (Hoylman): Died in Health
S.7315 of 2014 (Hoylman): Died in Health
A.2067 of 2013-2014 (Paulin): Died in Health

 FISCAL IMPLICATION :

Minimal to the state, offset by future healthcare costs related to the
treatment of cervical cancer.

 EFFECTIVE DATE :
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 of this act shall apply only to children born on or after
January 1, 1996.

2017-S132 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    132
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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 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 401 of the
 laws of 2015, 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,
 meningococcal 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  HUMAN
 PAPILLOMAVIRUS  (HPV),  which meets the standards approved by the United
 States public health service for such biological products, and which  is
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05324-02-7

 S. 132                              2
 
 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.
   5. The health  practitioner  who  administers  such  immunizing  agent
 against  poliomyelitis, mumps, measles, diphtheria, Haemophilus influen-
 zae type b (Hib), rubella, varicella,  pertussis,  HUMAN  PAPILLOMAVIRUS
 (HPV), tetanus, pneumococcal disease, meningococcal disease, and hepati-
 tis 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, hepatitis B, pertussis, teta-
 nus, and, where applicable, Haemophilus influenzae type b (Hib),  menin-
 gococcal  disease,  and  pneumococcal  disease,  the principal, teacher,
 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.
   § 2. Paragraph (a) of subdivision 7 of  section  2164  of  the  public
 health law, as amended by chapter 401 of the laws of 2015, 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

 S. 132                              3
 
 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.
   § 3. The opening paragraph of subdivision 8-a of section 2164  of  the
 public  health  law,  as  amended by chapter 401 of the laws of 2015, is
 amended to read as follows:
   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), meningococcal  disease,
 and  pneumococcal  disease,  the  principal, teacher, owner or person in
 charge of the school shall:
   § 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.
   §  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, 1998.

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