S T A T E O F N E W Y O R K
________________________________________________________________________
2431
2021-2022 Regular Sessions
I N A S S E M B L Y
January 19, 2021
___________
Introduced by M. of A. REYES, LUPARDO, BARRON, DAVILA, SIMON, SEAWRIGHT,
O'DONNELL, DARLING -- read once and referred to the Committee on
Health
AN ACT to amend the public health law, in relation to including diagno-
sis of asthma or other respiratory diseases for which rescue inhaler
treatment is prescribed in the statewide immunization information
system
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (a) and (c) of subdivision 1, paragraphs (b),
(c) and (d) of subdivision 2, paragraph (a) of subdivision 3, paragraphs
(b), (c) and (d) of subdivision 8, and subdivisions 10 and 11 of section
2168 of the public health law, paragraphs (a) and (c) of subdivision 1,
paragraphs (b), (c) and (d) of subdivision 2, paragraph (b) of subdivi-
sion 8 and subdivision 10 as amended by section 7 of part A of chapter
58 of the laws of 2009, paragraph (a) of subdivision 3 as amended by
section 2-a of part DD of chapter 57 of the laws of 2018, paragraph (c)
of subdivision 8 as amended by chapter 420 of the laws of 2014, para-
graph (d) of subdivision 8 as amended by chapter 154 of the laws of
2013, subparagraph (i) of paragraph (d) of subdivision 8 as amended by
section 7 of part MM of chapter 57 of the laws of 2018, and subdivision
11 as amended by chapter 154 of the laws of 2013, are amended to read as
follows:
(a) collect reports of immunizations and thus reduce the incidence of
illness, disability and death due to vaccine preventable diseases [and],
collect results of blood lead analyses performed by physician office
laboratories to provide to the statewide registry of lead levels of
children established pursuant to section thirteen hundred seventy-a of
this chapter AND COLLECT REPORTS OF ASTHMA OR OTHER RESPIRATORY DISEASE
DIAGNOSIS FOR WHICH RESCUE INHALER TREATMENT IS PRESCRIBED BY A HEALTH
CARE PROVIDER LICENSED UNDER TITLE EIGHT OF THE EDUCATION LAW;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00125-01-1
A. 2431 2
(c) make available to an individual, or parents, guardians, or other
person in a custodial relation to a child or, to local health districts,
local social services districts responsible for the care and custody of
children, health care providers and their designees, schools, WIC
programs, and third party payers the immunization status of children AND
ANY DIAGNOSIS OF ASTHMA OR OTHER RESPIRATORY DISEASE DIAGNOSIS FOR WHICH
A RESCUE INHALER TREATMENT IS PRESCRIBED; and
(b) The term "statewide immunization information system" or "system"
shall mean a statewide-computerized database maintained by the depart-
ment capable of collecting, storing, and disclosing the electronic and
paper records of vaccinations received, BLOOD LEAD ANALYSIS, AND RESCUE
INHALER TREATMENT PRESCRIPTIONS by persons under nineteen years of age.
(c) The term "citywide immunization registry" shall mean the computer-
ized database maintained by the city of New York department of health
and mental hygiene capable of collecting, storing, and disclosing the
electronic and paper records of vaccinations received AND RESCUE INHALER
TREATMENT PRESCRIPTIONS by persons less than nineteen years of age. The
term "citywide immunization registry" shall not include the childhood
blood lead registry established pursuant to the health code of the city
of New York. For the purposes of this section the term New York city
department of health and mental hygiene, shall mean such agency or any
successor agency responsible for the citywide immunization registry.
(d) The term "health care provider" shall mean any person authorized
by law to order an immunization [or], analysis of a blood sample for
lead OR DIAGNOSE ASTHMA OR OTHER RESPIRATORY DISEASE FOR WHICH A RESCUE
INHALER TREATMENT IS PRESCRIBED or any health care facility licensed
under article twenty-eight of this chapter or any certified home health
agency established under section thirty-six hundred six of this chapter;
with respect to a person seeking or receiving a health care service from
the health care provider.
(a) (i) Any health care provider who administers any vaccine to a
person less than nineteen years of age or, on or after September first,
two thousand nine, conducts a blood lead analysis of a sample obtained
from a person under eighteen years of age in accordance with paragraph
(h) of subdivision two of this section OR ON OR AFTER JANUARY FIRST, TWO
THOUSAND TWENTY-THREE PRESCRIBES OR RENEWS A PRESCRIPTION FOR RESCUE
INHALER TREATMENT; and immunizations received by a person less than
nineteen years of age in the past if not already reported, shall report
all such immunizations [and], the results of any blood lead analysis,
AND ANY PRESCRIPTION FOR RESCUE INHALER TREATMENT to the department in a
format prescribed by the commissioner within fourteen days of adminis-
tration of such immunizations or of obtaining the results of any such
blood lead analysis OR PRESCRIBING SUCH RESCUE INHALER TREATMENT. Health
care providers administering immunizations to persons less than nineteen
years of age in the city of New York shall report, in a format
prescribed by the city of New York commissioner of health and mental
hygiene, all such immunizations to the citywide immunization registry.
Health care providers who conduct a blood lead analysis on OR PRESCRIBE
A RESCUE INHALER TREATMENT FOR a person under eighteen years of age and
who report the results of such analysis OR PRESCRIPTION to the city of
New York commissioner of health and mental hygiene pursuant to New York
city reporting requirements shall be exempt from this requirement for
reporting blood lead analysis results AND PRESCRIPTION FOR RESCUE INHAL-
ER TREATMENT to the state commissioner of health; provided, however,
blood lead analysis data collected from physician office laboratories by
the commissioner of health and mental hygiene of the city of New York
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pursuant to the health code of the city of New York shall be provided to
the department in a format prescribed by the commissioner.
(ii) A pharmacist who administers a vaccine pursuant to subdivision
two of section sixty-eight hundred one of the education law, to a person
less than nineteen years of age, shall report all such immunizations to
the department in a format prescribed by the commissioner within four-
teen days of administration of such immunizations. Pharmacists adminis-
tering immunizations pursuant to subdivision two of section sixty-eight
hundred one of the education law to persons less than nineteen years of
age in the city of New York shall report, in a format prescribed by the
city of New York commissioner of health and mental hygiene, all such
immunizations to the citywide immunization registry.
(b) (i) The commissioner may use the statewide immunization informa-
tion system and the blood lead ANALYSIS AND RESCUE INHALER TREATMENT
PRESCRIPTION information in such system for purposes of outreach, quali-
ty improvement and accountability, research, epidemiological studies and
disease control, and to obtain blood lead test results from physician
office laboratories for the statewide registry of lead levels of chil-
dren established pursuant to subdivision two of section thirteen hundred
seventy-a of this chapter; (ii) the commissioner of health and mental
hygiene for the city of New York may use the immunization registry and
the blood lead ANALYSIS AND RESCUE INHALER TREATMENT PRESCRIPTION infor-
mation in such system for purposes of outreach, quality improvement and
accountability, research, epidemiological studies and disease control;
(iii) local health departments shall have access to the immunization
information system and the blood lead ANALYSIS AND RESCUE INHALER TREAT-
MENT PRESCRIPTION information in such system for purposes of outreach,
quality improvement and accountability, epidemiological studies and
disease control within their county; and
(c) health care providers and their designees, registered professional
nurses, and pharmacists authorized to administer immunizations pursuant
to subdivision two of section sixty-eight hundred one of the education
law shall have access to the statewide immunization information system
and the blood lead ANALYSIS AND RESCUE INHALER TREATMENT PRESCRIPTION
information in such system only for purposes of submission of informa-
tion about vaccinations received by a specific registrant, determination
of the immunization status of a specific registrant, determination of
the blood lead testing status of a specific registrant, submission of
the results from a blood lead analysis of a sample obtained from a
specific registrant in accordance with paragraph (h) of subdivision two
of this section, DETERMINATION OF THE ASTHMA OR OTHER RESPIRATORY
DISEASE DIAGNOSIS OF A SPECIFIC REGISTRANT, SUBMISSION OF INFORMATION
ABOUT PRESCRIPTIONS FOR RESCUE INHALER TREATMENT review of practice
coverage, generation of reminder notices, quality improvement and
accountability and printing a copy of the immunization [or] RECORD, lead
testing record OR RESCUE INHALER TREATMENT PRESCRIPTION for the regis-
trant's medical record, for the registrant's parent or guardian, or
other person in parental or custodial relation to a child, or for a
registrant upon reaching eighteen years of age.
(d) The following authorized users shall have access to the statewide
immunization information system and the blood lead AND RESCUE INHALER
TREATMENT PRESCRIPTION information in such system and the citywide
immunization registry for the purposes stated in this paragraph: (i)
schools for the purpose of verifying immunization status for eligibility
for admission, FOR THE PURPOSE OF KNOWING A STUDENT OR CHILD CARE OR
PRESCHOOL CHILD HAS BEEN DIAGNOSED WITH ASTHMA OR OTHER RESPIRATORY
A. 2431 4
DISEASE FOR WHICH RESCUE INHALER TREATMENT WAS PRESCRIBED, for the
purpose of confirming a student has been screened for lead when enroll-
ing in child care, pre-school or kindergarten, and for the provision of
appropriate educational materials developed by the department pursuant
to section thirteen hundred seventy-a of this chapter on the dangers of
lead exposure, and the health risks associated with elevated blood lead
levels to the parents or legal guardians of the student with an elevated
blood lead level, as such term is defined in subdivision six of section
thirteen hundred seventy of this chapter, as well as information on
programs that may be available to the student and the parents or legal
guardians of the student; (ii) colleges for verifying immunization
status for eligibility for admission; (iii) professional and technical
schools for verifying immunization status for eligibility for admission;
(iv) children's overnight camps and summer day camps for verifying
immunization status of children attending camp AND FOR THE PURPOSE OF
KNOWING A STUDENT HAS BEEN DIAGNOSED WITH ASTHMA OR OTHER RESPIRATORY
DISEASE FOR WHICH RESCUE INHALER TREATMENT WAS PRESCRIBED; (v) third
party payer for performing quality assurance, accountability and
outreach, relating to enrollees covered by the third party payer; (vi)
commissioners of local social services districts with regard to a child
in his/her legal custody; (vii) the commissioner of the office of chil-
dren and family services with regard to children in their legal custody,
and for quality assurance and accountability of commissioners of local
social services districts, care and treatment of children in the custody
of commissioners of local social services districts; and (viii) WIC
programs for the purposes of verifying immunization and lead testing
status for those seeking or receiving services.
10. The person to whom any immunization record relates, or his or her
parent, or guardian, or other person in parental or custodial relation
to such person may request a copy of an immunization [or] RECORD, lead
testing record OR RESCUE INHALER TREATMENT PRESCRIPTION from the regis-
trant's healthcare provider, the statewide immunization information
system or the citywide immunization registry according to procedures
established by the commissioner or, in the case of the citywide immuni-
zation registry, by the city of New York commissioner of the department
of health and mental hygiene.
11. The commissioner, or in the city of New York, the commissioner of
the department of health and mental hygiene, may provide registrant
specific immunization [and] RECORDS, lead test records AND RESCUE INHAL-
ER TREATMENT PRESCRIPTIONS to other state or city registries and regis-
tries maintained by the Indian Health Service and tribal nations recog-
nized by the state or the United States pursuant to a written agreement
requiring that the other registry conform to national standards for
maintaining the integrity of the data and will not be used for purposes
inconsistent with the provisions of this section.
§ 2. This act shall take effect immediately.