Immunization program
BILL TEXT:
STATE OF NEW YORK
________________________________________________________________________
312--A
2003-2004 Regular Sessions
IN SENATE
(Prefiled)
January 8, 2003
___________
Introduced by Sens. NOZZOLIO, LEIBELL, HANNON, LARKIN, DeFRANCISCO,
FARLEY, HOFFMANN, MALTESE, PADAVAN, RATH, SKELOS, SPANO, VELELLA,
VOLKER -- read twice and ordered printed, and when printed to be
committed to the Committee on Health -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the public health law, in relation to information relat-
ing to immunization against meningococcal meningitis
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Statement of legislative findings and declaration of
2 purpose. The legislature hereby finds and declares: meningococcal
3 meningitis is a serious disease which can lead to death within only a
4 few hours of onset, is fatal in one in ten cases, and leaves one in
5 seven survivors with a severe disability such as loss of limb, cognitive
6 deficits, paralysis, deafness, or seizures. The legislature further
7 finds and declares that those residing in dormitory-like residences are
8 at heightened risk to contract meningococcal meningitis and that chil-
9 dren residing in camps share characteristics with populations which have
10 been scientifically shown to be at heightened risk of exposure. The
11 legislature further finds that meningococcal meningitis outbreaks cause
12 significant alarm and confusion in the communities in which they occur.
13 The legislature further finds and declares that the risk presented by
14 meningococcal meningitis requires those individuals at risk to make an
15 informed choice regarding immunization. The legislature further finds
16 and declares that the educational and decision making processes
17 warranted by meningococcal meningitis are not applicable to situations
18 in which the risks require mandatory immunization.
19 § 2. The public health law is amended by adding a new section 2167 to
20 read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01366-02-3
S. 312--A 2
1 § 2167. Immunization against meningococcal meningitis. 1. As used in
2 this section, unless the context requires otherwise:
3 a. The term "student" means a person attending an institution and, in
4 the case of a student attending college, "student" means a person who is
5 registered to attend or who attends classes at an institution, who is
6 enrolled for at least six semester hours or the equivalent per semester,
7 or at least four semester hours per quarter.
8 b. The term "institution" means an academy or college, as defined in
9 section two of the education law, or a children's overnight camp as
10 defined in section one thousand three hundred ninety-two of this chap-
11 ter, where the person attending such camp remains overnight for a period
12 of not fewer than seven days.
13 c. The term "immunization" means an adequate dose or doses of an
14 immunizing agent against meningococcal meningitis which meets the stand-
15 ards approved by the United States public health service for such
16 biological products and which is approved by the department under such
17 conditions as may be specified by the public health council.
18 2. Each institution shall distribute, in a form provided or approved
19 by the commissioner, written information about meningococcal meningitis
20 and meningitis immunization to all students. The information provided by
21 the institution shall include, but not be limited to, the following:
22 a. a description of the disease and means of transmission;
23 b. the benefits, risks, and effectiveness of immunization;
24 c. the availability and cost of immunization, including an indication
25 of whether or not the institution offers meningococcal meningitis immun-
26 ization services.
27 3. Each institution shall also distribute, in a form provided or
28 approved by the commissioner of health, a response form, to be completed
29 by the student or, where the student is under the age of eighteen years,
30 such student's parent or guardian, which shall include the following:
31 a. The student, or if under the age of eighteen years the parent or
32 guardian of the student, certifies that the student has already received
33 immunization against meningococcal meningitis within the ten years
34 preceding the date of the response form;
35 b. The student, or if under the age of eighteen years the parent or
36 guardian of such student, has received and reviewed the information
37 provided by the institution, understands the risks of meningococcal
38 meningitis and the benefits of immunization, and has decided that the
39 student shall not obtain immunization against meningococcal meningitis.
40 The student, or if under the age of eighteen years the parent or guar-
41 dian of such student, shall indicate his or her decision in a box or
42 space placed appropriately on the form and shall return the completed
43 form to the institution. Nothing in this subdivision shall be construed
44 to prohibit an institution from incorporating the form required by this
45 subdivision into another health certificate or form required by the
46 institution.
47 4. Each institution shall maintain completed response forms.
48 5. No institution shall permit any student to attend the institution
49 in excess of thirty days without complying with this section; provided,
50 however, that such thirty day period may be extended to not more than
51 sixty days if a student can show a good faith effort to comply with this
52 section.
53 6. Nothing in this section shall be construed to prohibit institutions
54 from adopting or maintaining more stringent policies regarding immuniza-
55 tion against meningococcal meningitis.
56 § 3. This act shall take effect August 15, 2003.