S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2912--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 Introduced  by  M. of A. PAULIN, GUNTHER, ORTIZ -- Multi-Sponsored by --
   M. of A.  DINOWITZ, LIFTON -- read once and referred to the  Committee
   on  Health -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 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, subdivisions 6 and 7 as amended by chapter
 35 of the laws of 2019, is amended to read as follows:
   §  2164.  Definitions;  immunization  against  poliomyelitis,   mumps,
 measles,  diphtheria,  rubella, varicella, Haemophilus influenzae type b
 (Hib), pertussis, tetanus, pneumococcal disease, meningococcal  disease,
 [and]  hepatitis  B  AND HUMAN PAPILLOMAVIRUS (HPV). 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.

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

                                                            LBD03954-10-9

 A. 2912--A                          2
 
   d.  The term "health practitioner" shall mean any person authorized by
 law to administer an immunization.
   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 AND HEALTH PLANNING 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 AND HEALTH  PLANNING
 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 HEALTH
 planning council.
   D. EVERY PERSON IN PARENTAL RELATION TO A CHILD IN THIS STATE ENTERING
 OR HAVING ENTERED SEVENTH GRADE OR A COMPARABLE AGE LEVEL SPECIAL EDUCA-
 TION PROGRAM WITH AN UNASSIGNED GRADE ON OR AFTER SEPTEMBER  FIRST,  TWO
 THOUSAND  TWENTY-ONE,  SHALL HAVE ADMINISTERED TO SUCH CHILD AN ADEQUATE
 DOSE OR DOSES OF IMMUNIZING AGENTS AGAINST HUMAN PAPILLOMAVIRUS (HPV) 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 HEALTH 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, [and]
 hepatitis B AND HUMAN PAPILLOMAVIRUS (HPV) 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-

 A. 2912--A                          3
 
 zae  type  b (Hib), rubella, varicella, pertussis, tetanus, pneumococcal
 disease, meningococcal disease, [and] hepatitis B AND HUMAN PAPILLOMAVI-
 RUS (HPV) 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, hepatitis B, pertussis, teta-
 nus, and, where applicable, Haemophilus influenzae type b (Hib),  menin-
 gococcal  disease,  [and]  pneumococcal disease AND HUMAN PAPILLOMAVIRUS
 (HPV), 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 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 of this section applies 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,
 [and]  pneumococcal  disease  AND  HUMAN PAPILLOMAVIRUS (HPV); provided,
 however, such fourteen day period may be extended to not more than thir-
 ty 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 or
 where the parent, guardian, or any other person in parental relationship
 to such child can demonstrate that a child has  received  at  least  the
 first  dose in each immunization series required by this section and has
 age appropriate appointments  scheduled  to  complete  the  immunization
 series  according  to  the  Advisory Committee on Immunization Practices
 Recommended Immunization Schedules for Persons Aged 0 through 18 Years.
   (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

 A. 2912--A                          4
 
 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, [and] pneumococcal
 disease AND HUMAN PAPILLOMAVIRUS (HPV), 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
 administration and may recover the cost thereof from the amount of state
 aid to which the local health authority would otherwise be entitled.
   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.    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:
   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,
 [and]  pneumococcal  disease  AND  HUMAN PAPILLOMAVIRUS (HPV); provided,
 however, such fourteen day period may be extended to not more than thir-
 ty 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.
   § 3. 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,  hepatitis B, pneumococcal
 disease, HUMAN PAPILLOMAVIRUS (HPV), and the immunity of adults  of  the
 state against diseases identified by the commissioner, including but not

 A. 2912--A                          5
 
 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.
   § 4. This act shall take effect on September 1, 2021; provided, howev-
 er, that:
   a. sections one and two of this act shall apply only to children  born
 on or after January 1, 2009; and
   b.  the  amendments  to  subdivision  7  of section 2164 of the public
 health law made by section one of this act shall be subject to the expi-
 ration and reversion of such subdivision pursuant to section 4 of  chap-
 ter 35 of the laws of 2019 when upon such date the provisions of section
 two of this act shall take effect.
   Effective  immediately  the  addition,  amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 date.