§ 613. State aid; immunization. 1. (a) The commissioner shall develop
and supervise the execution of a program of immunization, surveillance
and testing, to raise to the highest reasonable level the immunity of
the children of the state against communicable diseases including, but
not limited to, influenza, poliomyelitis, measles, mumps, rubella,
haemophilus influenzae type b (Hib), diphtheria, pertussis, tetanus,
varicella, hepatitis B, pneumococcal disease, and the immunity of adults
of the state against diseases identified by the commissioner, including
but not limited to influenza, smallpox, hepatitis and such other
diseases as the commissioner may designate through regulation.
Municipalities in the state shall maintain local programs of
immunization to raise the immunity of the children and adults of each
municipality to the highest reasonable level, in accordance with an
application for state aid submitted by the municipality and approved by
the commissioner. Such programs shall include assurance of provision of
vaccine, serological testing of individuals and educational efforts to
inform health care providers and target populations or their parents, if
they are minors, of the facts relative to these diseases and
immunizations to prevent their occurrence.

(b) In connection with efforts to raise the immunity of children
against influenza, the commissioner shall administer a program of
influenza education to the families of children ages six months to
eighteen years of age who attend licensed and registered day care
programs, nursery schools, pre-kindergarten, kindergarten, school age
child care programs, public schools or non-public schools. Such program
shall include educational materials on influenza and the benefits of
influenza immunizations to be made available on the department's website
in anticipation of times of highest risk for contraction of influenza as
determined by the commissioner. The office of children and family
services, the department of education, and the New York city department
of health and mental hygiene shall, as part of their routine
notification processes, notify licensed and registered day care
programs, nursery schools, pre-kindergarten programs, kindergarten
programs, school age child care programs, public schools and non-public
schools that the information regarding immunizations for influenza is
free and accessible on the department's website and such information
shall be posted in such licensed and registered day care programs,
nursery schools, pre-kindergartens, kindergartens, school age child care
programs, public schools and non-public schools in plain view in
anticipation of such times of highest risk for contraction of influenza
as determined by the commissioner.

(c) The commissioner shall invite and encourage the active assistance
and cooperation in such education activities of: the medical societies,
organizations of other licensed health personnel, hospitals,
corporations subject to article forty-three of the insurance law, trade
unions, trade associations, parents and teachers and their associations,
organizations of child care resource and referral agencies, the media of
mass communication, and such other voluntary groups and organizations of
citizens as he or she shall deem appropriate. The public health and
health planning council, the department of education, the department of
family assistance, and the department of mental hygiene shall provide
the commissioner with such assistance in carrying out the program as he
or she shall request. All other state agencies shall also render such
assistance as the commissioner may reasonably require for this program.
Nothing in this subdivision shall authorize mandatory immunization of
adults or children, except as provided in sections twenty-one hundred
sixty-four and twenty-one hundred sixty-five of this chapter.

2. The commissioner shall set such standards as he shall deem
necessary for the proper, safe, and efficient administration of the
program. He shall direct an annual survey to determine the immunization
level of children entering school, and shall conduct annually an audit
of such survey and an audit of the immunization level of children
attending school. State aid provided by this article shall be reduced by
ten percent, provided however that state aid for essential public health
activities shall not be reduced, unless a municipality has submitted, in
cooperation with local school districts, a plan within ninety days after
the commissioner shall have certified to such municipality the results
of his survey of the immunization level of children entering schools in
such local school districts. Such plan shall be submitted for the next
ensuing school year and a subsequent plan shall be submitted annually
thereafter for assuring that immunizing agents are administered to
pre-school children within a reasonable time prior to but, in any event,
no later than their entrance into school, and to students generally, as
required pursuant to section twenty-one hundred sixty-four of this
chapter. Such plan shall include the manner in which immunization
activities are coordinated among the local health authority and the
school districts. Such reduction in state aid and the requirement that a
municipality submit an immunization plan shall not be applicable to any
municipality where ninety percent or more of its children entering
school are immunized. The determination of the percentage of
immunization shall be made by the commissioner based upon his audit of
immunization surveys.

3. The commissioner shall expend such funds as the legislature shall
make available for the purpose of adult and child immunization programs,
including quality assurance and immunization education:

(a) directly through the department;

(b) by allocation to municipalities with qualifying programs for
reimbursement in accordance with provisions of this section; or

(c) by contract.

4. The commissioner shall expend such funds as the legislature shall
make available for the purchase of the vaccines described in subdivision
one of this section. Vaccines purchased with funds made available under
this section shall be made available without charge to licensed private
physicians, hospitals, clinics and such others as the commissioner shall
determine, and no charge shall be made to any patient for such vaccines.