S 7729: Requires immunization against age appropriate rotavirus for certain children attending school.

  
  STATE OF NEW YORK ________________________________________________________________________ 7729 2025-2026 Regular Sessions  IN SENATE May 1, 2025 ___________ Introduced by Sen. SKOUFIS -- 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 immuni- zation against rotavirus for certain children The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 2164 of the public health law, as amended by chap- 2 ter 401 of the laws of 2015, subdivision 6 as amended by chapter 35 of 3 the laws of 2019, is amended to read as follows: 4 § 2164. Definitions; immunization against poliomyelitis, mumps, 5 measles, diphtheria, rubella, varicella, Haemophilus influenzae type b 6 (Hib), pertussis, tetanus, pneumococcal disease, meningococcal disease, 7 [and] hepatitis B, and age appropriate rotavirus. 1. As used in this 8 section, unless the context requires otherwise: 9 a. The term "school" means and includes any public, private or paro- 10 chial child caring center, day nursery, day care agency, nursery school, 11 kindergarten, elementary, intermediate or secondary school. 12 b. The term "child" shall mean and include any person between the ages 13 of two months and eighteen years. 14 c. The term "person in parental relation to a child" shall mean and 15 include [his father or mother] their parent, by birth or adoption, [his] 16 their legally appointed guardian, or [his] their custodian. A person 17 shall be regarded as the custodian of a child if [he has] they have 18 assumed the charge and care of the child because the parents or legally 19 appointed guardian of the minor have died, are imprisoned, are mentally 20 ill, or have been committed to an institution, or because they have 21 abandoned or deserted such child or are living outside the state or 22 their whereabouts are unknown, or have designated the person pursuant to 23 title fifteen-A of article five of the general obligations law as a 24 person in parental relation to the child. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09803-02-5 
 S. 7729 2 1 d. The term "health practitioner" shall mean any person authorized by 2 law to administer an immunization. 3 2. a. Every person in parental relation to a child in this state shall 4 have administered to such child an adequate dose or doses of an immuniz- 5 ing agent against poliomyelitis, mumps, measles, diphtheria, rubella, 6 varicella, Haemophilus influenzae type b (Hib), pertussis, tetanus, 7 pneumococcal disease, [and] hepatitis B, and age appropriate rotavirus, 8 which meets the standards approved by the United States public health 9 service for such biological products, and which is approved by the 10 department under such conditions as may be specified by the public 11 health and health planning council; provided, however, no person in 12 parental relation to a child in this state shall be required to have 13 administered to such child any immunizing agent required by this section 14 where such child would not be able to have such immunizing agent admin- 15 istered in a manner approved by the department under such conditions as 16 may be specified by the public health and health planning council due to 17 the child's age consistent with recommendations of the advisory commit- 18 tee on immunization practices. 19 b. Every person in parental relation to a child in this state born on 20 or after January first, nineteen hundred ninety-four and entering sixth 21 grade or a comparable age level special education program with an unas- 22 signed grade on or after September first, two thousand seven, shall have 23 administered to such child a booster immunization containing diphtheria 24 and tetanus toxoids, and an acellular pertussis vaccine, which meets the 25 standards approved by the United States public health service for such 26 biological products, and which is approved by the department under such 27 conditions as may be specified by the public health and health planning 28 council. 29 c. Every person in parental relation to a child in this state entering 30 or having entered seventh grade and twelfth grade or a comparable age 31 level special education program with an unassigned grade on or after 32 September first, two thousand sixteen, shall have administered to such 33 child an adequate dose or doses of immunizing agents against meningococ- 34 cal disease as recommended by the advisory committee on immunization 35 practices of the centers for disease control and prevention, which meets 36 the standards approved by the United States public health service for 37 such biological products, and which is approved by the department under 38 such conditions as may be specified by the public health and health 39 planning council. 40 3. The person in parental relation to any such child who has not 41 previously received such immunization shall present the child to a 42 health practitioner and request such health practitioner to administer 43 the necessary immunization against poliomyelitis, mumps, measles, 44 diphtheria, Haemophilus influenzae type b (Hib), rubella, varicella, 45 pertussis, tetanus, pneumococcal disease, meningococcal disease, [and] 46 hepatitis B, and age appropriate rotavirus, as provided in subdivision 47 two of this section. 48 4. If any person in parental relation to such child is unable to pay 49 for the services of a private health practitioner, such person shall 50 present such child to the health officer of the county in which the 51 child resides, who shall then administer the immunizing agent without 52 charge. 53 5. The health practitioner who administers such immunizing agent 54 against poliomyelitis, mumps, measles, diphtheria, Haemophilus influen- 55 zae type b (Hib), rubella, varicella, pertussis, tetanus, pneumococcal 56 disease, meningococcal disease, [and] hepatitis B, and age appropriate 
 S. 7729 3 1 rotavirus, to any such child shall give a certificate of such immuniza- 2 tion to the person in parental relation to such child. 3 6. In the event that a person in parental relation to a child makes 4 application for admission of such child to a school or has a child 5 attending school and there exists no certificate or other acceptable 6 evidence of the child's immunization against poliomyelitis, mumps, 7 measles, diphtheria, rubella, varicella, hepatitis B, pertussis, teta- 8 nus, rotavirus, and, where applicable, Haemophilus influenzae type b 9 (Hib), meningococcal disease, and pneumococcal disease, the principal, 10 teacher, owner or person in charge of the school shall inform such 11 person of the necessity to have the child immunized, that such immuniza- 12 tion may be administered by any health practitioner, or that the child 13 may be immunized without charge by the health officer in the county 14 where the child resides, if such person executes a consent therefor. In 15 the event that such person does not wish to select a health practitioner 16 to administer the immunization, [he or she] they shall be provided with 17 a form which shall give notice that as a prerequisite to processing the 18 application for admission to, or for continued attendance at, the school 19 such person shall state a valid reason for withholding consent or 20 consent shall be given for immunization to be administered by a health 21 officer in the public employ, or by a school physician or nurse. The 22 form shall provide for the execution of a consent by such person and it 23 shall also state that such person need not execute such consent if 24 subdivision eight of this section applies to such child. 25 7. (a) No principal, teacher, owner or person in charge of a school 26 shall permit any child to be admitted to such school, or to attend such 27 school, in excess of fourteen days, without the certificate provided for 28 in subdivision five of this section or some other acceptable evidence of 29 the child's immunization against poliomyelitis, mumps, measles, diphthe- 30 ria, rubella, varicella, hepatitis B, pertussis, tetanus, age appropri- 31 ate rotavirus and, where applicable, Haemophilus influenzae type b 32 (Hib), meningococcal disease, and pneumococcal disease; provided, howev- 33 er, such fourteen day period may be extended to not more than thirty 34 days for an individual student by the appropriate principal, teacher, 35 owner or other person in charge where such student is transferring from 36 out-of-state or from another country and can show a good faith effort to 37 get the necessary certification or other evidence of immunization. 38 (b) A parent, a guardian or any other person in parental relationship 39 to a child denied school entrance or attendance may appeal by petition 40 to the commissioner of education in accordance with the provisions of 41 section three hundred ten of the education law. 42 8. If any physician licensed to practice medicine in this state certi- 43 fies that such immunization may be detrimental to a child's health, the 44 requirements of this section shall be inapplicable until such immuniza- 45 tion is found no longer to be detrimental to the child's health. 46 8-a. Whenever a child has been refused admission to, or continued 47 attendance at, a school as provided for in subdivision seven of this 48 section because there exists no certificate provided for in subdivision 49 five of this section or other acceptable evidence of the child's immuni- 50 zation against poliomyelitis, mumps, measles, diphtheria, rubella, vari- 51 cella, hepatitis B, pertussis, tetanus, age appropriate rotavirus, and, 52 where applicable, Haemophilus influenzae type b (Hib), meningococcal 53 disease, and pneumococcal disease, the principal, teacher, owner or 54 person in charge of the school shall: 55 a. forward a report of such exclusion and the name and address of such 56 child to the local health authority and to the person in parental 
 S. 7729 4 1 relation to the child together with a notification of the responsibility 2 of such person under subdivision two of this section and a form of 3 consent as prescribed by regulation of the commissioner, and 4 b. provide, with the cooperation of the appropriate local health 5 authority, for a time and place at which an immunizing agent or agents 6 shall be administered, as required by subdivision two of this section, 7 to a child for whom a consent has been obtained. Upon failure of a local 8 health authority to cooperate in arranging for a time and place at which 9 an immunizing agent or agents shall be administered as required by 10 subdivision two of this section, the commissioner shall arrange for such 11 administration and may recover the cost thereof from the amount of state 12 aid to which the local health authority would otherwise be entitled. 13 10. The commissioner may adopt and amend rules and regulations to 14 effectuate the provisions and purposes of this section. 15 11. Every school shall annually provide the commissioner, on forms 16 provided by the commissioner, a summary regarding compliance with the 17 provisions of this section. 18 § 2. Paragraph (a) of subdivision 1 of section 613 of the public 19 health law, as amended by section 24 of part E of chapter 56 of the laws 20 of 2013, is amended to read as follows: 21 (a) The commissioner shall develop and supervise the execution of a 22 program of immunization, surveillance and testing, to raise to the high- 23 est reasonable level the immunity of the children of the state against 24 communicable diseases including, but not limited to, influenza, poliom- 25 yelitis, measles, mumps, rubella, haemophilus influenzae type b (Hib), 26 diphtheria, pertussis, tetanus, age appropriate rotavirus, varicella, 27 hepatitis B, pneumococcal disease, and the immunity of adults of the 28 state against diseases identified by the commissioner, including but not 29 limited to influenza, smallpox, hepatitis and such other diseases as the 30 commissioner may designate through regulation. Municipalities in the 31 state shall maintain local programs of immunization to raise the immuni- 32 ty of the children and adults of each municipality to the highest 33 reasonable level, in accordance with an application for state aid 34 submitted by the municipality and approved by the commissioner. Such 35 programs shall include assurance of provision of vaccine, serological 36 testing of individuals and educational efforts to inform health care 37 providers and target populations or their parents, if they are minors, 38 of the facts relative to these diseases and immunizations to prevent 39 their occurrence. 40 § 3. This act shall take effect on the first of July next succeeding 41 the date on which it shall have become a law. Effective immediately the 42 addition, amendment and/or repeal of any rule or regulation necessary 43 for the implementation of this act on its effective date are authorized 44 to be made and completed on or before such date.