S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6564
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 12, 2019
                                ___________
 
 Introduced  by  M. of A. FAHY, BURKE, DINOWITZ -- read once and referred
   to the Committee on Health
 
 AN ACT to amend the public health law, in relation  to  immunization  of
   children who are at least fourteen years of age
 
   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 is amended by  adding
 a new subdivision 9-a to read as follows:
   9-A.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, A CHILD WHO IS AT
 LEAST FOURTEEN YEARS OF AGE SHALL HAVE  THE  RIGHT,  REGARDLESS  OF  THE
 CONSENT  FROM ANY PERSON IN PARENTAL RELATION TO SUCH CHILD, AND SUBJECT
 TO THE APPLICABLE GRADE OR COMPARABLE AGE LEVEL  REQUIREMENTS,  TO  HAVE
 ADMINISTERED  TO  HIMSELF  OR  HERSELF  AN ADEQUATE DOSE OR DOSES OF THE
 IMMUNIZING AGENTS, AND THE BOOSTER IMMUNIZATION AND VACCINE DESCRIBED IN
 SUBDIVISION TWO OF THIS SECTION.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10357-01-9



              

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6564--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 12, 2019
                                ___________
 
 Introduced  by M. of A. FAHY, BURKE, DINOWITZ, MAGNARELLI, HEVESI, DICK-
   ENS, EPSTEIN, McDONALD, CRUZ, McMAHON, WILLIAMS, SIMON, WALLACE, GLICK
   -- 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 immunization of
   children who are at least fourteen years of age
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 2167-a to read as follows:
   § 2167-A. ADMINISTERING A VACCINE TO A MINOR;  CONSENT.  1.  A  HEALTH
 CARE  PRACTITIONER,  ACTING  WITHIN  THEIR LAWFUL SCOPE OF PRACTICE, MAY
 ADMINISTER IMMUNIZATIONS REQUIRED UNDER THIS TITLE TO A PERSON WHO IS AT
 LEAST FOURTEEN YEARS OF AGE WITHOUT THE  CONSENT  OR  KNOWLEDGE  OF  THE
 PARENTS OR GUARDIAN OF SAID PERSON, IF THE MINOR HAS CAPACITY TO CONSENT
 AND CONSENTS TO THE IMMUNIZATIONS.
   2.  PRIOR  TO  ADMINISTERING  ANY IMMUNIZATION UNDER THIS SECTION, THE
 HEALTH CARE PRACTITIONER SHALL CONSULT WITH AND  COUNSEL  THE  MINOR  TO
 ENSURE  THAT  THE MINOR FULLY UNDERSTANDS AND APPRECIATES THE NATURE AND
 CONSEQUENCES OF RECEIVING THE IMMUNIZATION, HAS THE CAPACITY TO CONSENT,
 AND THAT THE IMMUNIZATION IS NOT CONTRAINDICATED BY THE MINOR'S  MEDICAL
 HISTORY.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10357-03-9



              

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6564--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 12, 2019
                                ___________
 
 Introduced  by M. of A. FAHY, BURKE, DINOWITZ, MAGNARELLI, HEVESI, DICK-
   ENS, EPSTEIN, McDONALD, CRUZ,  WILLIAMS,  SIMON,  MORINELLO,  WALLACE,
   GLICK  -- read once and referred to the Committee on Health -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted  to  said  committee -- again reported from said committee with
   amendments, ordered reprinted  as  amended  and  recommitted  to  said
   committee
 
 AN ACT to amend the public health law, in relation to the administration
   of vaccines to children who are at least fourteen years of age
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 2167-a to read as follows:
   §  2167-A.  ADMINISTERING  A VACCINE TO A MINOR; CONSENT. 1.  A HEALTH
 CARE PRACTITIONER MAY ADMINISTER A VACCINE TO A MINOR WHO  IS  AT  LEAST
 FOURTEEN  YEARS OF AGE IF THE MINOR HAS CAPACITY TO CONSENT AND PROVIDES
 INFORMED CONSENT TO THE ADMINISTERING OF THE VACCINE.
   2. PRIOR TO ADMINISTERING ANY VACCINE UNDER THIS SECTION,  THE  HEALTH
 CARE  PRACTITIONER  SHALL  CONSULT  WITH AND COUNSEL THE MINOR TO ENSURE
 THAT THE MINOR FULLY UNDERSTANDS AND APPRECIATES THE NATURE  AND  CONSE-
 QUENCES  OF  RECEIVING  THE  VACCINE, HAS THE CAPACITY TO CONSENT AND IS
 PROVIDING INFORMED CONSENT, AND THAT THE VACCINE IS NOT  CONTRAINDICATED
 BY THE MINOR'S MEDICAL HISTORY.
   3. FOR THE PURPOSES OF THIS SECTION:
   A.  "HEALTH  CARE  PRACTITIONER"  MEANS  A  HEALTH  CARE  PRACTITIONER
 LICENSED, CERTIFIED OR OTHERWISE  AUTHORIZED  TO  PRACTICE  UNDER  TITLE
 EIGHT  OF  THE  EDUCATION  LAW,  ACTING WITHIN THE PRACTITIONER'S LAWFUL
 SCOPE OF PRACTICE.
   B. "VACCINE" MEANS A BIOLOGICAL PRODUCT INTENDED TO  CONFER  IMMUNIZA-
 TION  TO  AN  INFECTION OR DISEASE WHICH MEETS THE STANDARDS APPROVED BY
 THE UNITED STATES PUBLIC HEALTH SERVICE FOR SUCH BIOLOGICAL PRODUCTS, OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10357-07-9

 A. 6564--B                          2
 
 WHICH IS APPROVED BY THE DEPARTMENT UNDER  SUCH  CONDITIONS  AS  MAY  BE
 SPECIFIED BY THE PUBLIC HEALTH COUNCIL.
   C.  "CAPACITY  TO  CONSENT"  MEANS AN INDIVIDUAL'S ABILITY, DETERMINED
 WITHOUT REGARD TO THE INDIVIDUAL'S AGE, TO UNDERSTAND AND APPRECIATE THE
 NATURE AND CONSEQUENCES OF THE PROPOSED  VACCINATION,  AND  TO  MAKE  AN
 INFORMED DECISION CONCERNING THE ADMINISTRATION OF THE VACCINE.
   § 2. This act shall take effect immediately.