S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    45
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. HOYLMAN, KRUEGER -- 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 mandatory influen-
   za vaccine for persons attending daycare

   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, subdivision 6 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,
 INFLUENZA VIRUS, 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.
              

                                                            LBD02749-01-1

 S. 45                               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 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 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.
   D. EVERY PERSON IN PARENTAL RELATION TO A CHILD IN THIS STATE ENTERING
 OR  HAVING ENTERED A LICENSED AND REGISTERED CHILD DAYCARE HOME, PROGRAM
 OR FACILITY SHALL HAVE ADMINISTERED TO SUCH CHILD AN  ADEQUATE  DOSE  OR
 DOSES OF IMMUNIZING AGENTS AGAINST INFLUENZA VIRUS 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,
 pertussis,  tetanus, pneumococcal disease, meningococcal disease, INFLU-
 ENZA VIRUS, 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, pertussis, tetanus, pneumococcal
 disease, meningococcal disease, INFLUENZA VIRUS, and hepatitis B to  any

 S. 45                               3
 
 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, INFLUENZA VIRUS, and pneumococcal disease, the princi-
 pal,  teacher, owner or person in charge of the school shall inform such
 person of the necessity to have the child immunized, that such immuniza-
 tion 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  appli-
 cation 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,
 INFLUENZA VIRUS, and pneumococcal disease; provided, however, such four-
 teen 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 neces-
 sary 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, hepatitis B, pertussis, tetanus, and, where applicable, Haemophi-
 lus influenzae type b (Hib), meningococcal disease, INFLUENZA VIRUS, 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

 S. 45                               4
 
 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. This act shall take effect one year after it shall have become  a
 law.