Relates to including diagnosis of asthma or other respiratory diseases for which rescue inhaler treatment is prescribed in the statewide immunization information system.
STATE OF NEW YORK
________________________________________________________________________
6594
2023-2024 Regular Sessions
IN ASSEMBLY
April 24, 2023
___________
Introduced by M. of A. REYES, LUPARDO, DARLING, DICKENS, DAVILA,
GALLAGHER, JACKSON, LEMONDES, MEEKS, SEAWRIGHT, SIMON, DINOWITZ,
ZINERMAN, FORREST -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to including diagno-
sis of asthma or other respiratory diseases for which rescue inhaler
treatment is prescribed in the statewide immunization information
system
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (a) and (c) of subdivision 1, paragraphs (b),
2 (c) and (d) of subdivision 2, paragraph (a) of subdivision 3, paragraphs
3 (b), (c) and (d) of subdivision 8, and subdivisions 10 and 11 of section
4 2168 of the public health law, paragraphs (a) and (c) of subdivision 1,
5 paragraphs (b), (c) and (d) of subdivision 2, and subdivision 10 as
6 amended by section 7 of part A of chapter 58 of the laws of 2009, para-
7 graph (a) of subdivision 3 as amended by section 2-a of part DD of chap-
8 ter 57 of the laws of 2018, paragraphs (b) and (c) of subdivision 8 and
9 subdivision 11 as amended by chapter 829 of the laws of 2022, and para-
10 graph (d) of subdivision 8 as amended by chapter 532 of the laws of 2022
11 and subparagraph (i) of paragraph (d) as separately amended by chapter
12 44 of the laws of 2022, are amended to read as follows:
13 (a) collect reports of immunizations and thus reduce the incidence of
14 illness, disability and death due to vaccine preventable diseases [and],
15 collect results of blood lead analyses performed by physician office
16 laboratories to provide to the statewide registry of lead levels of
17 children established pursuant to section thirteen hundred seventy-a of
18 this chapter and collect reports of asthma or other respiratory disease
19 diagnosis for which rescue inhaler treatment is prescribed by a health
20 care provider licensed under title eight of the education law;
21 (c) make available to an individual, or parents, guardians, or other
22 person in a custodial relation to a child or, to local health districts,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05700-01-3
A. 6594 2
1 local social services districts responsible for the care and custody of
2 children, health care providers and their designees, schools, WIC
3 programs, and third party payers the immunization status of children and
4 any diagnosis of asthma or other respiratory disease diagnosis for which
5 a rescue inhaler treatment is prescribed; and
6 (b) The term "statewide immunization information system" or "system"
7 shall mean a statewide-computerized database maintained by the depart-
8 ment capable of collecting, storing, and disclosing the electronic and
9 paper records of vaccinations received, blood lead analysis, and rescue
10 inhaler treatment prescriptions by persons under nineteen years of age.
11 (c) The term "citywide immunization registry" shall mean the computer-
12 ized database maintained by the city of New York department of health
13 and mental hygiene capable of collecting, storing, and disclosing the
14 electronic and paper records of vaccinations received and rescue inhaler
15 treatment prescriptions by persons less than nineteen years of age. The
16 term "citywide immunization registry" shall not include the childhood
17 blood lead registry established pursuant to the health code of the city
18 of New York. For the purposes of this section the term New York city
19 department of health and mental hygiene, shall mean such agency or any
20 successor agency responsible for the citywide immunization registry.
21 (d) The term "health care provider" shall mean any person authorized
22 by law to order an immunization [or], analysis of a blood sample for
23 lead or diagnose asthma or other respiratory disease for which a rescue
24 inhaler treatment is prescribed or any health care facility licensed
25 under article twenty-eight of this chapter or any certified home health
26 agency established under section thirty-six hundred six of this chapter;
27 with respect to a person seeking or receiving a health care service from
28 the health care provider.
29 (a) (i) Any health care provider who administers any vaccine to a
30 person less than nineteen years of age or, on or after September first,
31 two thousand nine, conducts a blood lead analysis of a sample obtained
32 from a person under eighteen years of age in accordance with paragraph
33 (h) of subdivision two of this section or on or after January first, two
34 thousand twenty-three prescribes or renews a prescription for rescue
35 inhaler treatment; and immunizations received by a person less than
36 nineteen years of age in the past if not already reported, shall report
37 all such immunizations [and], the results of any blood lead analysis,
38 and any prescription for rescue inhaler treatment to the department in a
39 format prescribed by the commissioner within fourteen days of adminis-
40 tration of such immunizations or of obtaining the results of any such
41 blood lead analysis or prescribing such rescue inhaler treatment. Health
42 care providers administering immunizations to persons less than nineteen
43 years of age in the city of New York shall report, in a format
44 prescribed by the city of New York commissioner of health and mental
45 hygiene, all such immunizations to the citywide immunization registry.
46 Health care providers who conduct a blood lead analysis on or prescribe
47 a rescue inhaler treatment for a person under eighteen years of age and
48 who report the results of such analysis or prescription to the city of
49 New York commissioner of health and mental hygiene pursuant to New York
50 city reporting requirements shall be exempt from this requirement for
51 reporting blood lead analysis results and prescription for rescue inhal-
52 er treatment to the state commissioner of health; provided, however,
53 blood lead analysis data collected from physician office laboratories by
54 the commissioner of health and mental hygiene of the city of New York
55 pursuant to the health code of the city of New York shall be provided to
56 the department in a format prescribed by the commissioner.
A. 6594 3
1 (ii) A pharmacist who administers a vaccine pursuant to subdivision
2 two of section sixty-eight hundred one of the education law, to a person
3 less than nineteen years of age, shall report all such immunizations to
4 the department in a format prescribed by the commissioner within four-
5 teen days of administration of such immunizations. Pharmacists adminis-
6 tering immunizations pursuant to subdivision two of section sixty-eight
7 hundred one of the education law to persons less than nineteen years of
8 age in the city of New York shall report, in a format prescribed by the
9 city of New York commissioner of health and mental hygiene, all such
10 immunizations to the citywide immunization registry.
11 (b) (i) The commissioner may use the statewide immunization informa-
12 tion system and the blood lead analysis and rescue inhaler treatment
13 prescription information in such system for purposes of outreach, quali-
14 ty improvement and accountability, including professional responsibility
15 proceedings of the office of professional medical conduct and the state
16 education department, research, epidemiological studies and disease
17 control, and to obtain blood lead test results from physician office
18 laboratories for the statewide registry of lead levels of children
19 established pursuant to subdivision two of section thirteen hundred
20 seventy-a of this chapter; (ii) the commissioner of health and mental
21 hygiene for the city of New York may use the immunization registry and
22 the blood lead analysis and rescue inhaler treatment prescription infor-
23 mation in such system for purposes of outreach, quality improvement and
24 accountability, research, epidemiological studies and disease control;
25 (iii) local health departments shall have access to the immunization
26 information system and the blood lead analysis and rescue inhaler treat-
27 ment prescription information in such system for purposes of outreach,
28 quality improvement and accountability, epidemiological studies and
29 disease control within their county; and
30 (c) health care providers and their designees, registered professional
31 nurses, and pharmacists authorized to administer immunizations pursuant
32 to subdivision two of section sixty-eight hundred one of the education
33 law shall have access to the statewide immunization information system
34 and the blood lead analysis and rescue inhaler treatment prescription
35 information in such system only for purposes of submission of informa-
36 tion about vaccinations received by a specific registrant, determination
37 of the immunization status of a specific registrant, determination of
38 the blood lead testing status of a specific registrant, submission of
39 the results from a blood lead analysis of a sample obtained from a
40 specific registrant in accordance with paragraph (h) of subdivision two
41 of this section, determination of the asthma or other respiratory
42 disease diagnosis of a specific registrant, submission of information
43 about prescriptions for rescue inhaler treatment review of practice
44 coverage, generation of reminder notices, quality improvement and
45 accountability, including professional responsibility proceedings of the
46 office of professional medical conduct and the state education depart-
47 ment, and printing a copy of the immunization [or] record, lead testing
48 record, or rescue inhaler treatment prescription for the registrant's
49 medical record, for the registrant's parent or guardian, or other person
50 in parental or custodial relation to a child, or for a registrant upon
51 reaching eighteen years of age.
52 (d) The following authorized users shall have access to the statewide
53 immunization information system and the blood lead and rescue inhaler
54 treatment prescription information in such system and the citywide
55 immunization registry for the purposes stated in this paragraph: (i)
56 schools for the purpose of verifying immunization status for eligibility
A. 6594 4
1 for admission, for the purpose of knowing a student or child care or
2 preschool child has been diagnosed with asthma or other respiratory
3 disease for which rescue inhaler treatment was prescribed, for the
4 purpose of confirming a student has been screened for lead when enroll-
5 ing in child care, pre-school, pre-kindergarten or kindergarten, and for
6 the provision of appropriate educational materials developed by the
7 department pursuant to section thirteen hundred seventy-a of this chap-
8 ter on the dangers of lead exposure, and the health risks associated
9 with elevated blood lead levels to the parents or legal guardians of the
10 student with an elevated blood lead level, as such term is defined in
11 subdivision six of section thirteen hundred seventy of this chapter, as
12 well as information on programs that may be available to the student and
13 the parents or legal guardians of the student. For each school that has
14 the technical ability to batch download sets of immunization records,
15 the department shall make available such sets of immunization records of
16 only those children submitted by the school for which the school has
17 obtained a certificate of immunization or for which the school has
18 responsibility to verify the immunization status for school attendance
19 purposes under section twenty-one hundred sixty-four of this article.
20 Schools shall properly safeguard such information for use only as
21 authorized by this section; (ii) colleges for verifying immunization
22 status for eligibility for admission; (iii) professional and technical
23 schools for verifying immunization status for eligibility for admission;
24 (iv) children's overnight camps and summer day camps for verifying
25 immunization status of children attending camp and for the purpose of
26 knowing a student has been diagnosed with asthma or other respiratory
27 disease for which rescue inhaler treatment was prescribed; (v) third
28 party payer for performing quality assurance, accountability and
29 outreach, relating to enrollees covered by the third party payer; (vi)
30 commissioners of local social services districts with regard to a child
31 in his/her legal custody; (vii) the commissioner of the office of chil-
32 dren and family services with regard to children in their legal custody,
33 and for quality assurance and accountability of commissioners of local
34 social services districts, care and treatment of children in the custody
35 of commissioners of local social services districts; and (viii) WIC
36 programs for the purposes of verifying immunization and lead testing
37 status for those seeking or receiving services.
38 10. The person to whom any immunization record relates, or his or her
39 parent, or guardian, or other person in parental or custodial relation
40 to such person may request a copy of an immunization [or] record, lead
41 testing record or rescue inhaler treatment prescription from the regis-
42 trant's healthcare provider, the statewide immunization information
43 system or the citywide immunization registry according to procedures
44 established by the commissioner or, in the case of the citywide immuni-
45 zation registry, by the city of New York commissioner of the department
46 of health and mental hygiene.
47 11. The commissioner, or in the city of New York, the commissioner of
48 the department of health and mental hygiene, may provide registrant
49 specific immunization [and] records, lead test records, and rescue
50 inhaler treatment prescriptions to the federal centers for disease
51 control and prevention or its successor agency, to other state or city
52 registries and registries maintained by the Indian Health Service and
53 tribal nations recognized by the state or the United States pursuant to
54 a written agreement requiring that the other registry conform to
55 national standards for maintaining the integrity of the data and that
56 the data will only be used for purposes consistent with the provisions
A. 6594 5
1 of this section and provided that disclosure of identifiable registrant
2 information shall be limited to the minimum amount necessary to accom-
3 plish the purposes consistent with the provisions of this section as
4 determined by the commissioner, or in the city of New York, the commis-
5 sioner of the department of health and mental hygiene.
6 § 2. This act shall take effect immediately.
