Requires that a health care provider who administers an immunization to a person nineteen years of age or older must report such information to the department of health or to the New York city citywide immunization registry unless the person receiving the immunization objects to such reporting.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A765
SPONSOR: McDonald TITLE OF BILL:
An act to amend the public health law, in relation to adult immunization
reporting requirements
PURPOSE OR GENERAL IDEA OF BILL:
Requires a health care provider who administers an immunization to a
person nineteen years of age or older to report such information to the
department of health unless such person objects to such reporting.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends Public Health Law § 2168 (3)(b)(i) and (ii)
to require health care providers to report adult vaccinations that they
administer to the state or NYC Department of Health, as appropriate,
immunization registry. No report shall be made under this paragraph if a
patient or person authorized to consent for the patient objects before
the report is made.
Section 2 of the bill establishes an effective date of 90 days after it
becomes law.
JUSTIFICATION:
The practice for several years has been to mandate that all vaccines for
children under 19 be reported to the respective city of New York or New
York State Immunization registries when administered by a licensed
health professional. For adults, patients must opt-in to have the
vaccines reported to the respective registries which is inconsistent
with how children's vaccines have been reported. This legislation chang-
es the reporting process from an opt-in to an opt-out process. This way
if a patient does not want their vaccines reported to the proper regis-
try - it will not be reported.
As patients are now using multiple providers to receive vaccines (prima-
ry care provider, urgent care, emergency room, pharmacy, public health
clinics, etc.) patients are losing track of which vaccine they received
where and when. The vaccine registries serve a critical purpose to have
a one stop solution for health care providers to review a patients
vaccine history to ensure the patient receives what is needed but also
to prevent duplication or administration of vaccines that are not neces-
sary. For example, in the recent years there have been many changes in
regard to the pneumonia vaccine and it is critical to know the patient's
past history of vaccines in order to determine what, if any vaccine a
patient may choose to receive. The same is critical for a RSV vaccine
approved for the elderly that is a one-time only dose; however, patients
tend to want to receive the vaccine annually, much like an influenza
vaccine.
There are individuals who are vaccine hesitant which is their decision,
and the reality is those individuals are not going to receive vaccines
and therefore this change does not apply in their case. For those that
choose to receive vaccines, this change will help maintain a personal
record for that patient. This legislation does not mandate vaccines nor
change the privacy requirements already in law.
PRIOR LEGISLATIVE HISTORY:
2019-2020: A.6847/5.4494
2021-2022: A.279A/S.75A
2023-2024: A.7154/S.1531
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
