NY State Senate Bill 2023-S6103

Senate Bill S6103

2023-2024 Legislative Session

Permits any child who is at least fourteen years of age to have administered to himself or herself certain immunizations required or recommended by law

download bill text pdf

Current 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 03, 2024	referred to health
Mar 29, 2023	referred to health

co-Sponsors

2023-S6103 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2167-a, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4244
2021-2022: S3041

2023-S6103 (ACTIVE) - Summary

Permits any child who is at least fourteen years of age to have administered to himself or herself, regardless of parental consent, certain immunizations required or recommended by law.

2023-S6103 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6103

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the public health law, in relation to the administration
of vaccines to children who are at least fourteen years of age

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow minors who are at least fourteen years of age to have certain
vaccinations administered to him or herself.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the public health law by adding a new section 2167-a.
The new section authorizes health care practitioners to administer
vaccinations to minors who are at least fourteen years of age without
their parent's knowledge or consent. These vaccinations must meet the
standards approved by the United States Public Health Service, and be
consistent with recommendations of the Advisory Committee on Immuniza-
tion Practices (ACIP) of the Centers for Disease Control and Prevention,

or the New York State Department of Health under such conditions as may
be specified by the Public Health Council. Minors must have the capacity
to consent, and provide informed consent. "Health care practitioner,"
"vaccine," and "capacity to consent" are defined.

 
JUSTIFICATION:

In January of 2019, the World Health Organization (WHO) listed the anti-
vaccination movement to be one of the top ten threats to global health.
In the 2019, there was an unprecedented 650 reported cases of measles in
New York State. According to WHO, trends around the country and globally
have also seen a recent spike in measles diagnoses. While measles has a
relatively low fatality rate, those with leukemia and other immunocom-
promised individuals are at particular risk. The outbreak of measles
illustrates the risk a decline in herd immunity presents for an outbreak
of even more serious diseases.

Students bound for high school or higher education may be limited in
their educational opportunities should their parents or guardians refuse
vaccination. In a 2019 case in Orchard Park, New York, two students were
prevented from attending public schools because of their parents refused
to update their immunizations. Moreover, since most colleges and univer-
sities in New York require a panel of immunizations, students that
enroll in college prior to their eighteenth birthday may be unable to
receive required vaccinations without parental consent.

Minors are permitted to receive vaccinations without parental consent in
six states and Washington, D.C. These states utilize the 'mature minor
doctrine,' permitting minors the ability to make certain choices regard-
ing their bodily autonomy and health providing they have the capacity to
give informed consent.

 
PRIOR LEGISLATIVE HISTORY:

2021-22 -S.3041/A.3192 Fahy -Referred to Health

2019-20 -S.4244C/A.6564C Fahy- Referred to Health
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately

2023-S6103 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6103
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 29, 2023
                                ___________
 
 Introduced  by  Sens. KRUEGER, HOYLMAN-SIGAL, MYRIE, SEPULVEDA, STAVISKY
   -- 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 the administration
   of vaccines to children who are at least fourteen years of age

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 2167-a to read as follows:
   § 2167-A. ADMINISTERING A VACCINE TO A MINOR; CONSENT. 1.    A  HEALTH
 CARE  PRACTITIONER  MAY  ADMINISTER A VACCINE TO A MINOR WHO IS AT LEAST
 FOURTEEN YEARS OF AGE IF THE MINOR  HAS  THE  CAPACITY  TO  CONSENT  AND
 PROVIDES INFORMED CONSENT TO THE ADMINISTERING OF THE VACCINE.
   2.  PRIOR  TO ADMINISTERING ANY VACCINE UNDER THIS SECTION, THE HEALTH
 CARE PRACTITIONER SHALL CONSULT WITH AND COUNSEL  THE  MINOR  TO  ENSURE
 THAT  THE  MINOR FULLY UNDERSTANDS AND APPRECIATES THE NATURE AND CONSE-
 QUENCES OF RECEIVING THE VACCINE, HAS THE CAPACITY  TO  CONSENT  AND  IS
 PROVIDING INFORMED CONSENT, AND THAT THE VACCINE INDICATED FOR THE MINOR
 IS NOT CONTRAINDICATED BY THE MINOR'S MEDICAL HISTORY.
   3. FOR THE PURPOSES OF THIS SECTION:
   A.  "HEALTH  CARE  PRACTITIONER"  MEANS  A  HEALTH  CARE  PRACTITIONER
 LICENSED, CERTIFIED OR OTHERWISE  AUTHORIZED  TO  PRACTICE  UNDER  TITLE
 EIGHT  OF  THE  EDUCATION  LAW,  ACTING WITHIN THE PRACTITIONER'S LAWFUL
 SCOPE OF PRACTICE.
   B. "VACCINE" MEANS A BIOLOGICAL PRODUCT INTENDED TO  CONFER  IMMUNIZA-
 TION  TO  AN  INFECTION OR DISEASE WHICH MEETS THE STANDARDS APPROVED BY
 THE UNITED STATES PUBLIC HEALTH SERVICE FOR  SUCH  BIOLOGICAL  PRODUCTS,
 AND  IS  CONSISTENT  WITH  A RECOMMENDATION OF THE ADVISORY COMMITTEE ON
 IMMUNIZATION PRACTICES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION
 WITH RESPECT TO THE PATIENT  INVOLVED,  OR  WHICH  IS  APPROVED  BY  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03760-01-3
 S. 6103                             2

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

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Senate Bill S6103

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Sponsored By

Liz Krueger

Current Bill Status - In Senate Committee Health Committee

co-Sponsors

Brad Hoylman-Sigal

Zellnor Myrie

Luis R. Sepúlveda

Toby Ann Stavisky

2023-S6103 (ACTIVE) - Details

2023-S6103 (ACTIVE) - Summary

2023-S6103 (ACTIVE) - Sponsor Memo

2023-S6103 (ACTIVE) - Bill Text download pdf

Comments