Permits any child who is at least fourteen years of age to have administered to himself or herself, regardless of parental consent, certain immunizations required or recommended by law.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6564C
SPONSOR: Fahy
 
TITLE OF BILL:
An act to amend the public health law, in relation to the administration
of vaccines to children who are at least fourteen years of age
 
PURPOSE OR GENERAL IDEA OF BILL:
To allow minors who are at least fourteen years of age to have certain
vaccinations administered to him or herself.
 
SUMMARY OF PROVISIONS:
Section I: Amends the public health law by adding a new section 2167-a.
The new section authorizes health care practitioners to administer
vaccinations to minors who are at least fourteen years of age without
their parent's knowledge or consent. These vaccinations must meet the
standards approved by the United States Public Health Service, or the
New York State Department of Health under such conditions as may be
specified by the Public Health Council. Minors must have the capacity to
consent, and provide informed consent. "Health care practitioner,"
"vaccine," and "capacity to consent" are defined.
 
JUSTIFICATION:
In January of 2019, the World Health Organization (WHO) listed the anti-
vaccination movement to be one of the top ten threats to global health.
In the first two months of 2019, alone there has been an unprecedented
167 reported cases of measles in New York State. According to WHO,
trends around the country and globally have also seen a recent spike in
measles diagnoses. While measles has a relatively low fatality rate,
those with leukemia and other immunocompromised individuals are at
particular risk. The outbreak of measles illustrates the risk a decline
in herd immunity presents for an outbreak of even more serious diseases.
Students bound for high school or higher education may be limited in
their educational opportunities should their parents or guardians refuse
vaccination. In a 2019 case in Orchard Park, New York, two students were
prevented from attending public schools because of their parents refused
to update their immunizations. Moreover, since most colleges and univer-
sities in New York require a panel of immunizations, students that
enroll in college prior to their eighteenth birthday may be unable to
receive required vaccinations without parental consent.
Minors are permitted to receive vaccinations without parental consent in
six states and Washington, D.C. These states utilize the mature minor
doctrine, permitting minors the ability to make certain choices regard-
ing their bodily autonomy and health providing they have the capacity to
give informed consent.
 
PRIOR LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
6564--C
2019-2020 Regular Sessions
IN ASSEMBLY
March 12, 2019
___________
Introduced by M. of A. FAHY, BURKE, DINOWITZ, MAGNARELLI, HEVESI, DICK-
ENS, EPSTEIN, McDONALD, CRUZ, WILLIAMS, SIMON, WALLACE, GLICK, MOSLEY
-- read once and referred to the Committee on Health -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
-- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to the administration
of vaccines to children who are at least fourteen years of age
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 2167-a to read as follows:
3 § 2167-a. Administering a vaccine to a minor; consent. 1. A health
4 care practitioner may administer a vaccine to a minor who is at least
5 fourteen years of age if the minor has the capacity to consent and
6 provides informed consent to the administering of the vaccine.
7 2. Prior to administering any vaccine under this section, the health
8 care practitioner shall consult with and counsel the minor to ensure
9 that the minor fully understands and appreciates the nature and conse-
10 quences of receiving the vaccine, has the capacity to consent and is
11 providing informed consent, and that the vaccine indicated for the minor
12 is not contraindicated by the minor's medical history.
13 3. For the purposes of this section:
14 a. "Health care practitioner" means a health care practitioner
15 licensed, certified or otherwise authorized to practice under title
16 eight of the education law, acting within the practitioner's lawful
17 scope of practice.
18 b. "Vaccine" means a biological product intended to confer immuniza-
19 tion to an infection or disease which meets the standards approved by
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10357-08-9
A. 6564--C 2
1 the United States public health service for such biological products,
2 and is consistent with a recommendation of the advisory committee on
3 immunization practices of the centers for disease control and prevention
4 with respect to the patient involved, or which is approved by the
5 department under such conditions as may be specified by the public
6 health council.
7 c. "Capacity to consent" means an individual's ability, determined
8 without regard to the individual's age, to understand and appreciate the
9 nature and consequences of the proposed vaccination, and to make an
10 informed decision concerning the administration of the vaccine.
11 § 2. This act shall take effect immediately.