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A04460 Summary:

BILL NOA04460
 
SAME ASSAME AS S05715
 
SPONSORDurso
 
COSPNSRMcDonough, Brown E, Manktelow, Gandolfo, Brabenec, Byrnes, Tague, Giglio JM, Curran, Bendett
 
MLTSPNSRGiglio 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.
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A04460 Actions:

BILL NOA04460
 
02/16/2023referred to health
01/03/2024referred to health
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A04460 Memo:

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.
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A04460 Text:



 
                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.
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