S T A T E O F N E W Y O R K - 2001
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A. 219 2
1 2. THE RESULTS OF ANY TEST CONDUCTED PURSUANT TO THIS SECTION SHALL BE
2 PROVIDED DIRECTLY TO THE PERSON UPON WHICH SUCH TESTS WERE CONDUCTED.
3 SUCH RESULTS SHALL BE PROVIDED IN A CLEAR AND CONCISE MANNER, WHICH IS
4 UNDERSTANDABLE BY LAYMEN, AND SHALL INDICATE WHETHER IT MAY BE NECESSARY
5 FOR THE PERSON TESTED TO CONSULT A PHYSICIAN OR SURGEON. SHOULD THERE
6 BE NO OBJECTION FROM THE PERSON, A COPY OF THESE TEST RESULTS SHALL BE
7 FORWARDED TO THEIR PHYSICIAN.
8 S 3. This act shall take effect immediately.
________________________________________________________________________
Requires immunization of school children between the ages of 15 and 18 against Lyme disease; makes related provisions.
A01031 Summary:
SPONSOR Brodsky
COSPNSR Sidikman, Espaillat, Lopez
MLTSPNSR Boyland, Canestrari, Clark, Colton, Cook, Cymbrowitz, Greene, Markey,
McLaughlin, Pheffer, Smith, Tokasz, Towns, Wright
Add S2164-a, Pub Health L; amd S914, Ed L
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A01031 Actions:
01/09/2001referred to health
1031
2001-2002 Regular Sessions
I N A S S E M B L Y
January 9, 2001
___________
Introduced by M. of A. BRODSKY, SIDIKMAN, ESPAILLAT, LOPEZ -- Multi-
Sponsored by -- M. of A. BOYLAND, CANESTRARI, CLARK, COLTON, COOK, CYMBROWITZ, GREENE, MARKEY, McLAUGHLIN, PHEFFER, SMITH, TOKASZ, TOWNS, WRIGHT -- read once and referred to the Committee on Health
AN ACT to amend the public health law and the education law, in relation
to requiring immunization of certain children against Lyme disease
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The public health law is amended by adding a new section
2 2164-a to read as follows:
3 S 2164-A. IMMUNIZATION AGAINST LYME DISEASE. 1. AS USED IN THIS
4 SECTION, UNLESS THE CONTEXT REQUIRES OTHERWISE:
5 A. THE TERM "SCHOOL" MEANS AND INCLUDES ANY PUBLIC, PRIVATE OR PARO-
6 CHIAL SECONDARY SCHOOL.
7 B. THE TERM "CHILD" SHALL MEAN AND INCLUDE ANY PERSON BETWEEN THE AGES
8 FIFTEEN AND EIGHTEEN YEARS.
9 C. THE TERM "PERSON IN PARENTAL RELATION TO A CHILD" SHALL MEAN AND
10 INCLUDE HIS FATHER OR MOTHER, BY BIRTH OR ADOPTION, HIS LEGALLY
11 APPOINTED GUARDIAN, OR HIS CUSTODIAN. A PERSON SHALL BE REGARDED AS THE
12 CUSTODIAN OF A CHILD IF HE HAS ASSUMED THE CHARGE AND CARE OF THE CHILD
13 BECAUSE THE PARENTS OR LEGALLY APPOINTED GUARDIAN OF THE MINOR HAVE
14 DIED, ARE IMPRISONED, ARE MENTALLY ILL, OR HAVE BEEN COMMITTED TO AN
15 INSTITUTION, OR BECAUSE THEY HAVE ABANDONED OR DESERTED SUCH CHILD OR
16 ARE LIVING OUTSIDE THE STATE OR THEIR WHEREABOUTS ARE UNKNOWN.
17 D. THE TERM "HEALTH PRACTITIONER" SHALL MEAN ANY PERSON AUTHORIZED BY
18 LAW TO ADMINISTER AN IMMUNIZATION.
19 2. EVERY PERSON IN PARENTAL RELATION TO A CHILD IN THIS STATE SHALL
20 HAVE ADMINISTERED TO SUCH CHILD AN ADEQUATE DOSE OR DOSES OF AN IMMUNIZ-
21 ING AGENT AGAINST LYME DISEASE WHICH MEETS THE STANDARDS APPROVED BY THE
22 UNITED STATES PUBLIC HEALTH SERVICE FOR SUCH BIOLOGICAL PRODUCTS, AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD01878-01-1
A. 1031 2
1 WHICH IS APPROVED BY THE DEPARTMENT UNDER SUCH CONDITIONS AS MAY BE
2 SPECIFIED BY THE PUBLIC HEALTH COUNCIL.
3 3. THE PERSON IN PARENTAL RELATION TO ANY SUCH CHILD WHO HAS NOT
4 PREVIOUSLY RECEIVED SUCH IMMUNIZATION SHALL PRESENT THE CHILD TO A
5 HEALTH PRACTITIONER AND REQUEST SUCH HEALTH PRACTITIONER TO ADMINISTER
6 THE NECESSARY IMMUNIZATION AGAINST LYME DISEASE AS PROVIDED IN SUBDIVI-
7 SION TWO OF THIS SECTION.
8 4. IF ANY PERSON IN PARENTAL RELATION TO SUCH CHILD IS UNABLE TO PAY
9 FOR THE SERVICES OF A PRIVATE HEALTH PRACTITIONER, SUCH PERSON SHALL
10 PRESENT SUCH CHILD TO THE HEALTH OFFICER OF THE COUNTY IN WHICH THE
11 CHILD RESIDES, WHO SHALL THEN ADMINISTER THE IMMUNIZING AGENT WITHOUT
12 CHARGE.
13 5. THE HEALTH PRACTITIONER WHO ADMINISTERS SUCH IMMUNIZING AGENT
14 AGAINST LYME DISEASE TO ANY SUCH CHILD SHALL GIVE A CERTIFICATE OF SUCH
15 IMMUNIZATION TO THE PERSON IN PARENTAL RELATION TO SUCH CHILD.
16 6. IN THE EVENT THAT A PERSON IN PARENTAL RELATION TO A CHILD MAKES
17 APPLICATION FOR ADMISSION OF SUCH CHILD TO A SCHOOL OR HAS A CHILD
18 ATTENDING SCHOOL AND THERE EXISTS NO CERTIFICATE OR OTHER ACCEPTABLE
19 EVIDENCE OF THE CHILD`S IMMUNIZATION AGAINST LYME DISEASE, THE PRINCI-
20 PAL, TEACHER, OWNER OR PERSON IN CHARGE OF THE SCHOOL SHALL INFORM SUCH
21 PERSON OF THE NECESSITY TO HAVE THE CHILD IMMUNIZED, THAT SUCH IMMUNIZA-
22 TION MAY BE ADMINISTERED BY ANY HEALTH PRACTITIONER, OR THAT THE CHILD
23 MAY BE IMMUNIZED WITHOUT CHARGE BY THE HEALTH OFFICER IN THE COUNTY
24 WHERE THE CHILD RESIDES, IF SUCH PERSON EXECUTES A CONSENT THEREFOR. IN
25 THE EVENT THAT SUCH PERSON DOES NOT WISH TO SELECT A HEALTH PRACTITIONER
26 TO ADMINISTER THE IMMUNIZATION, HE SHALL BE PROVIDED WITH A FORM WHICH
27 SHALL GIVE NOTICE THAT AS A PREREQUISITE TO PROCESSING THE APPLICATION
28 FOR ADMISSION TO, OR FOR CONTINUED ATTENDANCE AT, THE SCHOOL SUCH PERSON
29 SHALL STATE A VALID REASON FOR WITHHOLDING CONSENT OR CONSENT SHALL BE
30 GIVEN FOR IMMUNIZATION TO BE ADMINISTERED BY A HEALTH OFFICER IN THE
31 PUBLIC EMPLOY, OR BY A SCHOOL PHYSICIAN OR NURSE. THE FORM SHALL
32 PROVIDE FOR THE EXECUTION OF A CONSENT BY SUCH PERSON AND IT SHALL ALSO
33 STATE THAT SUCH PERSON NEED NOT EXECUTE SUCH CONSENT IF SUBDIVISION
34 EIGHT OR NINE OF THIS SECTION APPLY TO SUCH CHILD.
35 7. A. NO PRINCIPAL, TEACHER, OWNER OR PERSON IN CHARGE OF A SCHOOL
36 SHALL PERMIT ANY CHILD TO BE ADMITTED TO SUCH SCHOOL, OR TO ATTEND SUCH
37 SCHOOL, IN EXCESS OF FOURTEEN DAYS, WITHOUT THE CERTIFICATE PROVIDED FOR
38 IN SUBDIVISION FIVE OF THIS SECTION OR SOME OTHER ACCEPTABLE EVIDENCE OF
39 THE CHILD`S IMMUNIZATION AGAINST LYME DISEASE; PROVIDED, HOWEVER, SUCH
40 FOURTEEN DAY PERIOD MAY BE EXTENDED TO NOT MORE THAN THIRTY DAYS FOR AN
41 INDIVIDUAL STUDENT BY THE APPROPRIATE PRINCIPAL, TEACHER, OWNER OR OTHER
42 PERSON IN CHARGE WHERE SUCH STUDENT IS TRANSFERRING FROM OUT-OF-STATE OR
43 FROM ANOTHER COUNTRY AND CAN SHOW A GOOD FAITH EFFORT TO GET THE NECES-
44 SARY CERTIFICATION OR OTHER EVIDENCE OF IMMUNIZATION.
45 B. A PARENT, A GUARDIAN OR ANY OTHER PERSON IN PARENTAL RELATIONSHIP
46 TO A CHILD DENIED SCHOOL ENTRANCE OR ATTENDANCE MAY APPEAL BY PETITION
47 TO THE COMMISSIONER OF EDUCATION IN ACCORDANCE WITH THE PROVISIONS OF
48 SECTION THREE HUNDRED TEN OF THE EDUCATION LAW.
49 8. IF ANY PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THIS STATE CERTI-
50 FIES THAT SUCH IMMUNIZATION MAY BE DETRIMENTAL TO A CHILD`S HEALTH, THE
51 REQUIREMENTS OF THIS SECTION SHALL BE INAPPLICABLE UNTIL SUCH IMMUNIZA-
52 TION IS FOUND NO LONGER TO BE DETRIMENTAL TO THE CHILD`S HEALTH.
53 9. WHENEVER A CHILD HAS BEEN REFUSED ADMISSION TO, OR CONTINUED
54 ATTENDANCE AT, A SCHOOL AS PROVIDED FOR IN SUBDIVISION SEVEN OF THIS
55 SECTION BECAUSE THERE EXISTS NO CERTIFICATE PROVIDED FOR IN SUBDIVISION
56 FIVE OF THIS SECTION OR OTHER ACCEPTABLE EVIDENCE OF THE CHILD`S IMMUNI-
A. 1031 3
1 ZATION AGAINST LYME DISEASE, THE PRINCIPAL, TEACHER, OWNER OR PERSON IN
2 CHARGE OF THE SCHOOL SHALL:
3 A. FORWARD A REPORT OF SUCH EXCLUSION AND THE NAME AND ADDRESS OF SUCH
4 CHILD TO THE LOCAL HEALTH AUTHORITY AND TO THE PERSON IN PARENTAL
5 RELATION TO THE CHILD TOGETHER WITH A NOTIFICATION OF THE RESPONSIBILITY
6 OF SUCH PERSON UNDER SUBDIVISION TWO OF THIS SECTION AND A FORM OF
7 CONSENT AS PRESCRIBED BY REGULATION OF THE COMMISSIONER, AND
8 B. PROVIDE, WITH THE COOPERATION OF THE APPROPRIATE LOCAL HEALTH
9 AUTHORITY, FOR A TIME AND PLACE AT WHICH AN IMMUNIZING AGENT OR AGENTS
10 SHALL BE ADMINISTERED, AS REQUIRED BY SUBDIVISION TWO OF THIS SECTION,
11 TO A CHILD FOR WHOM A CONSENT HAS BEEN OBTAINED. UPON FAILURE OF A
12 LOCAL HEALTH AUTHORITY TO COOPERATE IN ARRANGING FOR A TIME AND PLACE AT
13 WHICH AN IMMUNIZING AGENT OR AGENTS SHALL BE ADMINISTERED AS REQUIRED BY
14 SUBDIVISION TWO OF THIS SECTION, THE COMMISSIONER SHALL ARRANGE FOR SUCH
15 ADMINISTRATION AND MAY RECOVER THE COST THEREOF FROM THE AMOUNT OF STATE
16 AID TO WHICH THE LOCAL HEALTH AUTHORITY WOULD OTHERWISE BE ENTITLED.
17 10. THIS SECTION SHALL NOT APPLY TO CHILDREN WHOSE PARENT, PARENTS, OR
18 GUARDIAN HOLD GENUINE AND SINCERE RELIGIOUS BELIEFS WHICH ARE CONTRARY
19 TO THE PRACTICES HEREIN REQUIRED, AND NO CERTIFICATE SHALL BE REQUIRED
20 AS A PREREQUISITE TO SUCH CHILDREN BEING ADMITTED OR RECEIVED INTO
21 SCHOOL OR ATTENDING SCHOOL.
22 11. THE COMMISSIONER MAY ADOPT AND AMEND RULES AND REGULATIONS TO
23 EFFECTUATE THE PROVISIONS AND PURPOSES OF THIS SECTION.
24 12. EVERY SCHOOL SHALL ANNUALLY PROVIDE THE COMMISSIONER, ON FORMS
25 PROVIDED BY THE COMMISSIONER, A SUMMARY REGARDING COMPLIANCE WITH THE
26 PROVISIONS OF THIS SECTION.
27 S 2. Subdivision 1 of section 914 of the education law, as amended by
28 chapter 416 of the laws of 1999, is amended to read as follows:
29 1. Each school shall require of every child entering or, after the
30 thirtieth day of June, nineteen hundred eighty, every child attending
31 such school proof of immunization against poliomyelitis, mumps, measles,
32 diphtheria, rubella {and}, varicella AND LYME DISEASE in accordance with
33 the provisions of section twenty-one hundred sixty-four AND TWENTY-ONE
34 HUNDRED SIXTY-FOUR-A of the public health law. If a child entered school
35 prior to the first day of March, nineteen hundred seventy-seven, no
36 school shall be required to obtain proof of such child`s having received
37 an immunization against mumps until the first day of July, nineteen
38 hundred eighty-one.
39 S 3. This act shall take effect immediately and shall apply only to
40 affected children born on or after:
41 a. January 1, 2000, beginning with their enrollment in any public,
42 private or parochial school, and
43 b. January 1, 2003, beginning with their enrollment in any school, as
44 defined in paragraph a of subdivision 1 of section 2164-a of the public
45 health law.
