S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6594
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 24, 2023
                                ___________
 
 Introduced  by  M.  of  A.  REYES,  LUPARDO,  DARLING,  DICKENS, DAVILA,
   GALLAGHER,  JACKSON,  LEMONDES,  MEEKS,  SEAWRIGHT,  SIMON,  DINOWITZ,
   ZINERMAN, FORREST -- 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, and subdivision 10 as
 amended by section 7 of part A of chapter 58 of the laws of 2009,  para-
 graph (a) of subdivision 3 as amended by section 2-a of part DD of chap-
 ter  57 of the laws of 2018, paragraphs (b) and (c) of subdivision 8 and
 subdivision 11 as amended by chapter 829 of the laws of 2022, and  para-
 graph (d) of subdivision 8 as amended by chapter 532 of the laws of 2022
 and  subparagraph  (i) of paragraph (d) as separately amended by chapter
 44 of the laws of 2022, 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;
   (c) make available to an individual, or parents, guardians,  or  other
 person in a custodial relation to a child or, to local health districts,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05700-01-3
              

 A. 6594                             2
 
 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
 pursuant to the health code of the city of New York shall be provided to
 the department in a format prescribed by the commissioner.
 A. 6594                             3
 
   (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, including professional responsibility
 proceedings of the office of professional medical conduct and the  state
 education  department,  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 children
 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, including professional responsibility proceedings of the
 office  of  professional medical conduct and the state education depart-
 ment, and printing a copy of the immunization [or] RECORD, lead  testing
 record,  OR  RESCUE  INHALER TREATMENT PRESCRIPTION for the registrant'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
 A. 6594                             4
 
 for  admission,  FOR  THE  PURPOSE OF KNOWING A STUDENT OR CHILD CARE OR
 PRESCHOOL CHILD HAS BEEN DIAGNOSED  WITH  ASTHMA  OR  OTHER  RESPIRATORY
 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, pre-kindergarten or kindergarten, and for
 the provision of appropriate  educational  materials  developed  by  the
 department  pursuant to section thirteen hundred seventy-a of this chap-
 ter 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. For each school that has
 the technical ability to batch download sets  of  immunization  records,
 the department shall make available such sets of immunization records of
 only  those  children  submitted  by the school for which the school has
 obtained a certificate of immunization  or  for  which  the  school  has
 responsibility  to  verify the immunization status for school attendance
 purposes under section twenty-one hundred sixty-four  of  this  article.
 Schools  shall  properly  safeguard  such  information  for  use only as
 authorized by this section; (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
 INHALER TREATMENT PRESCRIPTIONS  to  the  federal  centers  for  disease
 control  and  prevention or its successor agency, to other state or city
 registries and registries maintained by the Indian  Health  Service  and
 tribal  nations recognized 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 that
 the data will only be used for purposes consistent with  the  provisions
 A. 6594                             5
 
 of  this section and provided that disclosure of identifiable registrant
 information shall be limited to the minimum amount necessary  to  accom-
 plish  the  purposes  consistent  with the provisions of this section as
 determined  by the commissioner, or in the city of New York, the commis-
 sioner of the department of health and mental hygiene.
   § 2. This act shall take effect immediately.