NY State Senate Bill 2019-S298B

Senate Bill S298B

2019-2020 Legislative Session

Provides for the immunization of all children born after January 1, 2009 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to health
Oct 25, 2019	print number 298b
Oct 25, 2019	amend and recommit to health
Feb 06, 2019	print number 298a
Feb 06, 2019	amend and recommit to health
Jan 09, 2019	referred to health

Bill Amendments

Original

B (Active)

2019-S298 - Details

See Assembly Version of this Bill:: A2912
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§2164 & 613, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A778
2011-2012: A699
2013-2014: S7315, A2067
2015-2016: S509, A1822
2017-2018: S132, A933

2019-S298 - Summary

Provides for the immunization of all children born after January 1, 2009 with the human papillomavirus (HPV).

2019-S298 - Sponsor Memo

                                
 
BILL NUMBER: S298

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring immuni-
zation 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 sched-
ule 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) esti-
mates 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 cervi-
cal 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 tech-
nologies, 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 communi-
ties 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 disproportion-
ately 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 socioeco-
nomic gaps in immunization rates.  Because many individuals have no
health insurance coverage or access to affordable care, a school vacci-
nation 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 indi-
viduals pass through together-regardless of race, ethnicity or socio-e-
conomic 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 feder-
al 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.0132 of 2017-2018 (Hoylman): Died in Health
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, 1998.

2019-S298 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    298
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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.

                                                            LBD03954-02-9

 S. 298                              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. 298                              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.

2019-S298A - Details

See Assembly Version of this Bill:: A2912
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§2164 & 613, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A778
2011-2012: A699
2013-2014: S7315, A2067
2015-2016: S509, A1822
2017-2018: S132, A933

2019-S298A - Summary

Provides for the immunization of all children born after January 1, 2009 with the human papillomavirus (HPV).

2019-S298A - Sponsor Memo

                                
 
BILL NUMBER: S298A

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring immuni-
zation 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 sched-
ule that: other immunizations are currently administered.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the section heading and subdivisions 2; 3, 5, 6, 7,
and 8 of section 2164 of the public health law, as amended by chapter
401 of the laws of 2015, by adding human papillomavirus (HPV) to the
list of required immunizing agents, such as those against poliomyelitis,
mumps and measles, to be administered to children in this state. Section

one also adds the HPV vaccine to the list of vaccines for which a boost-
er is required; a person in parental relationship to a child shall
request a vaccine if not previously administered; a health practitioner
who administers such immunizing agents shall give a certificate of
immunization to the person in parental relation to a child who has been
vaccinated; a person in parental relationship shall be notified by a
principal, teacher, owner or person in charge of the school that the
school has not received a certificate of immunization or other accepta-
ble evidence of the child's immunization. A form shall be provided by
the school to a person in parental relationship to a child not yet
vaccinated which allows such person to either state a valid reason for
withholding consent to immunize such child or to give permission to the
school to immunize the child. The law currently permits a religious
exemption to mandated immunizations.

Paragraph (a) of subdivision 7 is amended by adding HPV to the list of
immunizations for which a certificate of immunization is required by a
school in order to allow a child to attend such school in excess of
fourteen days. If a student is transferring from out-of-state or from
another country and can show a good faith effort to get the certificate
or other evidence of immunization, the time period may be extended to
thirty days.

The opening paragraph of subdivision 8-a is amended by adding HPV to the
list of required immunizing agents for which a certificate of immuniza-
tion is required in relation to preventing a child from attending
school.

Section two 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, by adding HPV to the list of communicable diseases
against which the commissioner of health shall develop and supervise the
execution of a program of immunization, surveillance and testinglin
order to raise to the highest reasonable level the immunity of children
in the state.

Section three provides 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, it is estimated that 13,240 cases of
cervical cancer will be diagnosed this year approximately 4,000 women
will die from cervical cancer. In New York State, there were 865 cases
of cervical cancer, and 240 related deaths in 2015.

According to American Cancer Society (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. The 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, cervi-
cal cancer can develop later in life (it can take up to 20 years for an
HPV infection to cause cervical cancer).

In addition, the Centers of Disease Control and Prevention (CDC) reports
that every year, over 9,000 males are affected by cancers caused by HPV
infections that do not go away. HPV can cause cancers of the anus,
mouth/throat (oropharynx), and penis.

Prevention of cervical cancer is possible through vaccination against
HPV. The CDC and its Advisory Committee on Immunization Practices (ACI)
recommends routine vaccination against HPV for both girls and boys 11-12
years of age, but noted that the vaccine can be given to individuals as
young as 9 and up to age 26. Vaccination should occur before first sexu-
al intercourse.

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.

Vaccination against HPV is very important especially for poor and rural
communities where access to health services is difficult. The ACS esti-
mates that the majority of women diagnosed with cervical cancer have not
had a Pap test in the last three to five years. These women are dispro-
portionately low income, black and Hispanic who lacked access to afford-
able health services.

To significantly reduce deaths caused by cervical cancer and cancers of
the mouth/throat, anus, and penis, it is necessary to achieve near-univ-
ersal vaccination of girls boys 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. ACS reports that
surveys of teens in the United States show that almost one quarter of
them have had sex by the age of 15 and 7096 have had sex by age 18. 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, ethni city or socioeconomic
status." Guttmacher Policy Review, Fall 2006.  This bill will leave to
the department of health to determine the age at which children 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 feder-
al Vaccines for Children program covers the vaccination of eligible
girls under age 18. In addition, HPV vaccines for the recommended age
groups of males and females, Pap tests, and HPV testing for women are
all covered under the preventative care mandates of the federal Afforda-
ble Care Act.

The CDC recommends vaccination of children at age 12. Historically, 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.

Currently, the District of Columbia, Rhode Island, and Virginia current-
ly require HPV vaccination for school entry, and legislation requiring
vaccination for school entry has recently been under consideration in
twenty-four other states.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S.0132 (Hoylman) - Died in Health

2015-16: S.0509-A (Hoylman) - Died in Health

2014: S.7315 (Hoylman) - Died in Health

 
FISCAL IMPLICATION:

Minimal to the State, offset by future healthcare costs related to the
treatment of cervical cancer and other cancers caused by HPV.

 
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, two and three of this act shall apply only to children
born on or after January 1, 2008.

2019-S298A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  298--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed  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, 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03954-04-9

 S. 298--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, 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

 S. 298--A                           3
 
 influenzae   type  b  (Hib),  meningococcal  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 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

 S. 298--A                           4
 
 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.
   § 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, 2008.

2019-S298B (ACTIVE) - Details

See Assembly Version of this Bill:: A2912
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§2164 & 613, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A778
2011-2012: A699
2013-2014: S7315, A2067
2015-2016: S509, A1822
2017-2018: S132, A933

2019-S298B (ACTIVE) - Summary

Provides for the immunization of all children born after January 1, 2009 with the human papillomavirus (HPV).

2019-S298B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S298B

SPONSOR: HOYLMAN
 
TITLE OF BILL:

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

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of this bill amends section 2164 of the Public Health Law to
require persons in parental relation to children born on or after Janu-
ary 1, 2009 who are entering or have entered seventh grade or a compara-
ble age level special education program on or after September 1st, 2021
to have administered to such children an adequate dose or doses of
immunizing agents against human papillomavirus (HPV).

Section two of this bill makes conforming changes to ensure that the
changes that section one of this bill makes to subdivision 7 of section
2164 of the Public Health Law remain in effect after certain provisions
of such subdivision are repealed in 2020.

Section three of this bill amends paragraph (a) of subdivision 1 of
section 613 of the public health law by adding HPV to the list of commu-
nicable diseases against which the commissioner of health shall develop
and supervise the execution of a program of immunization, surveillance
and testing in order to raise to the highest reasonable level the immu-
nity of children in the state.

Section four provides the effective date, and specifies that the changes
made by sections one and two of this bill only apply to children born on
or after January 1, 2009.

 
JUSTIFICATION:

Human papillomavirus (HPV) is an incredibly common sexually transmitted
infection (STI) that can be passed even when an infected person is
asymptomatic, and can cause genital warts or cancer. The Centers for
Disease Control and Prevention (CDC) estimates that 79 million Americans
are infected with HPV, most of whom are in their late teens and early
twenties. The American Cancer Society (ACS) estimates that four out of
five people will get HPV at some point in their lives.

According to the CDC, HPV causes nearly 35,000 new cases of cancer each
year in the U.S. in both men and women (About 20,700 cases in women and
14,100 cases in men), on parts of the body including the cervix, vagina,
vulva, penis, anus, rectum, and oropharynx.

The CDC also notes that in 2016 (the most recent year for which data is
available), 12,984 new cases of cervical cancer were reported in the
U.S., and approximately 4,188 women died of cervical cancer.  In New
York State, there were 824 cases of cervical cancer and 264 related
deaths in 2016.

The World Health Organization (WHO) notes that cervical cancer is "the
fourth most frequent cancer in women with an estimated 570,000 new cases
in 2018 representing 6.6% of all female cancers."


According to the ACS, 99.7% of all cervical cancer cases are linked to
HPV. The 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 suffi-
cient to clear the virus, cervical cancer can develop later in life, as
it can take up to 20 years for an HPV infection to cause cervical
cancer.

In summation, HPV infection is widespread, and poses real dangers and
health risks for both men and women. Thankfully, there is an immediate
solution to this problem. The CDC estimates that routine vaccination
could prevent 92% of cancers caused by HPV, saving thousands of lives.
ACS, the WHO, and countless other public health experts concur that
routine vaccination is one of our best defenses against HPV-caused
cancers and infections.

The CDC's Advisory Committee on Immunization Practices (ACIP) recommends
routine vaccination against HPV for both girls and boys 11-12 years of
age, though the vaccine can be given to children as young as 9 years old
in cases where such children have a history of sexual abuse or assault.
This is because the vaccine is most effective when it is administered
prior to its recipient becoming sexually active.

According to the CDC, each vaccine against HPV that the FDA has licensed
for use went through "years of extensive safety testing" and was found
to be safe and effective in clinical trials. More than a decade after
the first HPV vaccine was approved for use, studies and meta-analyses of
currently available data continue to show that the HPV vaccine is safe,
and has resulted in compelling public health benefits and significantly
decreased rates of HPV prevalence and new diagnoses.

In fact, a comprehensive study published by Australian public health
officials in 2017 outlined the extensive benefits of prophylactic HPV
vaccination programs and recommended that "all countries consider and
promote national guidelines and programs to prevent HPV-related
diseases." Australia was one of the first countries to implement a
school-based HPV vaccination program, and has seen a drop of up to 86%
in the prevalence of HPV infections among those receiving the vaccine.

This bill would require all children born on or after January 1, 2009
who are entering or have entered the seventh grade in New York State on
or after September 1, 2021 to receive the HPV vaccine in order to attend
school. School-based requirements are one of the most effective ways to
ensure comprehensive immunization coverage in a society, and it is well
within the purview of New York State government to act proactively in
this matter to protect public health and prevent future cancer diag-
noses. This approach also has precedent in the United States, as Virgi-
nia, Rhode Island, and the District of Columbia currently require
students to be vaccinated against HPV in order to attend school, and
Hawaii will join them starting in the summer of 2020. Legislation to
require this practice is also currently pending in at least seven other
states.

 
PRIOR LEGISLATIVE HISTORY:

2019: S.298-A (Hoylman) - Died in Health
2017-18: S.132 (Hoylman) - Died in Health
2015-16: S.509-A (Hoylman) - Died in Health
2014: S.7315 (Hoylman) - Died in Health

 
FISCAL IMPLICATION:

Minimal to the State, offset by future healthcare costs related to the
treatment of cervical cancer and other cancers caused by HPV.

 
EFFECTIVE DATE:
This act shall take effect on September 1, 2021.

2019-S298B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  298--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03954-09-9

 S. 298--B                           2
 
 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.
   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.

 S. 298--B                           3
 
   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, [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.

 S. 298--B                           4
 
   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, [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),

 S. 298--B                           5
 
 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
 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.

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Senate Bill S298B

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

2019-S298 - Details

2019-S298 - Summary

2019-S298 - Sponsor Memo

2019-S298 - Bill Text download pdf

2019-S298A - Details

2019-S298A - Summary

2019-S298A - Sponsor Memo

2019-S298A - Bill Text download pdf

2019-S298B (ACTIVE) - Details

2019-S298B (ACTIVE) - Summary

2019-S298B (ACTIVE) - Sponsor Memo

2019-S298B (ACTIVE) - Bill Text download pdf

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