Senate Bill S5715

2023-2024 Legislative Session

Requires a person in a parental relation to a child be physically present during any immunization

download bill text pdf

Sponsored By

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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2023-S5715 (ACTIVE) - Details

See Assembly Version of this Bill:
A4460
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §2504, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:
A9141

2023-S5715 (ACTIVE) - Summary

Requires a parent, guardian or person in a parental relation to a child under the age of eighteen to be physically present when any immunization is administered to such child.

2023-S5715 (ACTIVE) - Sponsor Memo

2023-S5715 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5715
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2023
                                ___________
 
 Introduced  by  Sen.  WEIK  --  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 a person
   in a parental relation to a child be  physically  present  during  any
   immunization

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 2504 of the public health law,  as
 added by chapter 769 of the laws of 1972, is amended to read as follows:
   1.  (A)  Any  person  who is eighteen years of age or older, or is the
 parent of a child  or  has  married,  may  give  effective  consent  for
 medical,  dental,  health  and hospital services for himself or herself,
 and the consent of no other person shall be necessary.
   (B) A PARENT, GUARDIAN OR PERSON IN A PARENTAL  RELATION  TO  A  CHILD
 UNDER THE AGE OF EIGHTEEN SHALL BE PHYSICALLY PRESENT WHEN ANY IMMUNIZA-
 TION  IS  ADMINISTERED TO SUCH CHILD UNLESS THE CHILD: (I) IS AN EMANCI-
 PATED MINOR; (II) HAS BEEN LIVING SEPARATE AND APART  FROM  ANY  PARENT,
 GUARDIAN,  OR  PERSON  IN  A  PARENTAL RELATION TO THE CHILD; (III) IS A
 RUNAWAY YOUTH AS DEFINED IN SECTION FIVE  HUNDRED  THIRTY-TWO-A  OF  THE
 EXECUTIVE  LAW;  (IV)  IS  A  HOMELESS  YOUTH AS DEFINED IN SECTION FIVE
 HUNDRED THIRTY-TWO-A OF THE EXECUTIVE LAW; (V) IS ENROLLED IN A  RUNAWAY
 AND  HOMELESS  YOUTH  CRISIS  SERVICES PROGRAM; (VI) IS IN A RESIDENTIAL
 TRANSITIONAL INDEPENDENT LIVING SUPPORT PROGRAM PURSUANT TO SECTION FIVE
 HUNDRED THIRTY-TWO-D OF THE EXECUTIVE LAW; (VII) IS NOT UNDER THE SUPER-
 VISION OR CONTROL OF A PARENT, CUSTODIAN, OR LEGAL GUARDIAN;  OR  (VIII)
 IS  NOT  IN  THE  CARE  AND CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY
 SERVICES.
   § 2.   Subdivision 1 of section 2504 of  the  public  health  law,  as
 amended  by  chapter  780  of  the  laws  of 2022, is amended to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05142-01-3
 S. 5715                             2

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