McDonough, Brown E, Manktelow, Gandolfo, Brabenec, Byrnes, Tague, Giglio JM, Curran, Bendett
 
MLTSPNSR
Giglio JA
 
Amd §2504, Pub Health L
 
Requires a parent, guardian or person in a parental relation to a child under the age of eighteen to be physically present when any immunization is administered to such child.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4460
SPONSOR: Durso
 
TITLE OF BILL:
An act to amend the public health law, in relation to requiring a person
in a parental relation to a child be physically present during any
immunization
 
PURPOSE OR GENERAL IDEA OF BILL:
An act to amend the public health law, in relation to requiring a person
in a parental relation to a child be physically present during any
immunization.
 
SUMMARY OF PROVISIONS:
1 Section 1. Subdivision 1 of section 2504 of the public health law, as
2 added by chapter 769 of the laws of 1972, is amended to read as
follows:
3 1. (a) Any person who is eighteen years of age or older, or is the
4 parent of a child or has married, may give effective consent for
5 medical, dental, health and hospital services for himself or herself,
6 and the consent of no other person shall be necessary.
7 (b)A parent, guardian or person in a parental relation to a child
8 under the age of eighteen shall be physically present when any immuni-
zation 9 is administered to such child unless the child:(i)is an emanci-
pated
10 pated minor;(ii)has been living separate and apart from any parent,
11 guardian, or person in a parental relation to the child;(iii)is a
12 runaway youth as defined in section five hundred thirty-two-a of the
13 executive law;(iv)is a homeless youth as defined in section five
14 hundred thirty-two-a of the executive law;(v)is enrolled in a runaway
15 and homeless youth crisis services program;(vi)is in a residential
16 transitional independent living support program pursuant to section
five
17 hundred thirty-two-d of the executive law;(vii)is not under the
supervision or control of a parent, custodian, or legal guardian; or
(viii)
19 is not in the care and custody of the office of children and family
20 services.
21 § 2. This act shall take effect immediately.
 
JUSTIFICATION:
The presence of a parent or legal guardian during any immunization of a
child under the age of eighteen ensures that the provider administering
the vaccination obtained proper parental consent, helps to ease the
child's worries and fears, and in the event of an adverse reaction or
medical emergency, the parent/guardian is readily available.
 
PRIOR LEGISLATIVE HISTORY:
A.9141 2021-22
 
FISCAL IMPLICATIONS:
None to the State
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4460
2023-2024 Regular Sessions
IN ASSEMBLY
February 16, 2023
___________
Introduced by M. of A. DURSO -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to requiring a person
in a parental relation to a child be physically present during any
immunization
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 2504 of the public health law, as
2 added by chapter 769 of the laws of 1972, is amended to read as follows:
3 1. (a) Any person who is eighteen years of age or older, or is the
4 parent of a child or has married, may give effective consent for
5 medical, dental, health and hospital services for himself or herself,
6 and the consent of no other person shall be necessary.
7 (b) A parent, guardian or person in a parental relation to a child
8 under the age of eighteen shall be physically present when any immuniza-
9 tion is administered to such child unless the child: (i) is an emanci-
10 pated minor; (ii) has been living separate and apart from any parent,
11 guardian, or person in a parental relation to the child; (iii) is a
12 runaway youth as defined in section five hundred thirty-two-a of the
13 executive law; (iv) is a homeless youth as defined in section five
14 hundred thirty-two-a of the executive law; (v) is enrolled in a runaway
15 and homeless youth crisis services program; (vi) is in a residential
16 transitional independent living support program pursuant to section five
17 hundred thirty-two-d of the executive law; (vii) is not under the super-
18 vision or control of a parent, custodian, or legal guardian; or (viii)
19 is not in the care and custody of the office of children and family
20 services.
21 § 2. Subdivision 1 of section 2504 of the public health law, as
22 amended by chapter 780 of the laws of 2022, is amended to read as
23 follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05142-01-3
A. 4460 2
1 1. (a) Any person who is eighteen years of age or older, or is the
2 parent of a child or has married, or is a runaway or homeless youth as
3 defined in section five hundred thirty-two-a of the executive law, or
4 receives services at an approved runaway and homeless youth crisis
5 services program or a transitional independent living support program as
6 defined in section five hundred thirty-two-a of the executive law, may
7 give effective consent for medical, dental, health and hospital services
8 for themself, and the consent of no other person shall be necessary.
9 (b) A parent, guardian or person in a parental relation to a child
10 under the age of eighteen shall be physically present when any immuniza-
11 tion is administered to such child unless the child: (i) is an emanci-
12 pated minor; (ii) has been living separate and apart from any parent,
13 guardian, or person in a parental relation to the child; (iii) is a
14 runaway youth as defined in section five hundred thirty-two-a of the
15 executive law; (iv) is a homeless youth as defined in section five
16 hundred thirty-two-a of the executive law; (v) is enrolled in a runaway
17 and homeless youth crisis services program; (vi) is in a residential
18 transitional independent living support program pursuant to section five
19 hundred thirty-two-d of the executive law; (vii) is not under the super-
20 vision or control of a parent, custodian, or legal guardian; or (viii)
21 is not in the care and custody of the office of children and family
22 services.
23 § 3. This act shall take effect immediately; provided, however, that
24 section two of this act shall take effect on the same date and in the
25 same manner as such chapter of the laws of 2022 takes effect.