Provides liability protections for health care providers who issue vaccines so long as such vaccination does not arise out of willful misconduct or gross negligence.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9140
SPONSOR: Rosenthal TITLE OF BILL:
An act to amend the public health law, in relation to liability
protections for persons administering vaccinations
PURPOSE:
This legislation will extend existing liability protections to medical
providers should they administer vaccines in accordance with state or
local guidelines.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends section 2166 of the public health law.
Section two establishes the effective date.
JUSTIFICATION:
The federal government has long played a role in the development of
public health and vaccine recommendations to keep Americans safe. As
early as the Revolutionary War, leaders have weighed vaccine efficacy
against the threat of disease to make scientifically sound decisions.
In the 20th century, as several new vaccines were developed, the federal
government created new groups to ensure that vaccines were safe and
accessible, while also protecting those who administer the vaccines.
Now, United States Secretary of Health and Human Services (HHS), Robert
F. Kennedy Jr., is dismantling our public health infrastructure and
vaccine oversight systems, putting the American people at risk.
The Advisory Committee on Immunization Practices (ACIP) has long advised
the CDC director on vaccine recommendations. As long as vaccines are
administered in accordance with ACIP guidelines, vaccine providers have
been fully protected from liability, provided there was no willful
misconduct or gross negligence. However, given recent changes to vaccine
guidelines that limit access to certain vaccines, states have begun to
explore creating their own recommendations in line with evidence-backed
research. Providers who adhere to state or local guidelines when admin-
istering vaccines deserve the same liability protections as when they
administered vaccines recommended by ACIP. This legislation would ensure
the protection of healthcare providers from liability when administering
vaccines in accordance with state or local guidelines.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
Immediately.
