Relates to the publication of immunization information; requires schools to provide immunization information to the commissioner of health; requires the department of health to make immunization information, including rates of immunization, available on its website.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8635
SPONSOR: Dinowitz
 
TITLE OF BILL: An act to amend the public health law, in relation to
the publication of immunization information
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill would require schools to report specific information about the
immunization rates of their student bodies to the Department of Health
(DOH). It would also require DOH to make certain information about New
York State immunization rates publicly available on its website.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends subdivision 11 of section 2164 of the
Public Health Law to require every school in the State to report certain
information to the Department of Health (DOH) regarding the immunization
status of each student admitted to the school.
Section 2 of the bill adds a new section 2169 to the Public Health Law
entitled Publication of Immunization Information to require DOH to make
certain information regarding New York State schools' compliance with
state immunization requirements prominently available on their website,
including a searchable database of immunization rates, an analysis of
statewide trends in immunization rates and exemptions over time, and an
analysis of areas of the sate vulnerable to the spread of communicable
diseases.
The bill requires DOH to appropriately protect the confidentiality of
individual identifying information while fulfilling the above require-
ments.
Section 3 of the bill sets the effective date.
 
JUSTIFICATION:
Immunization against vaccine-preventable communicable diseases is one of
the most effective tools that we have to protect public heal th, partic-
ularly the health of immuno-compromised children and adults, cancer
survivors, and pregnant women, all of whom may not be able to be vacci-
nated due to potential medical contradictions.
In order to ensure that New York state has the strongest immunization
rates possible, it is crucial that policymakers and public health offi-
cials have appropriate access to accurate data regarding immunization
rates at New York schools.
Additionally, parents (particularly parents of children who cannot be
vaccinated for medical reasons) deserve to know whether or not their
child's school is maintaining a rate of immunization against communica-
ble diseases. No parent should have to worry for the safety of their
child when sending them to an environment that is supposed to be benefi-
cial, nurturing, and educational.
This legislation would require the Department of Health to make specific
information about schools' compliance for each immunization series
required by law prominently available on its website. This would ensure
that anyone seeking information regarding immunization rates in New York
would quickly be able to find accurate, up-to-date data.
It would also require the Department to analyze and publish trends in
immunization rates and medical exemptions from the law over time, to
ensure that "herd immunity" is being maintained. This would increase
public awareness of New York's immunity to communicable diseases and
help identify areas of concern across the state where immunization rates
are under herd immunity levels.
 
LEGISLATIVE HISTORY:
None, new bill.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect January 1, 2021.
STATE OF NEW YORK
________________________________________________________________________
8635
2019-2020 Regular Sessions
IN ASSEMBLY
October 2, 2019
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to the publication of
immunization information
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 11 of section 2164 of the public health law, as
2 amended by chapter 401 of the laws of 2015, is amended to read as
3 follows:
4 11. Every school shall annually provide the commissioner, on forms
5 provided by the commissioner, a summary regarding compliance with the
6 provisions of this section. Nothing herein shall prevent a school
7 district from providing such forms to the commissioner on behalf of the
8 schools within its district. Such summary shall identify, at minimum:
9 a. for each individual immunization series required by this section,
10 the number and percentage of children admitted to the school that are:
11 (i) fully immunized;
12 (ii) not fully immunized; and
13 (iii) exempt, pursuant to subdivision eight of this section, from such
14 immunization series;
15 b. the overall number and percentage of children admitted to the
16 school that are:
17 (i) fully immunized for all immunization series required by this
18 section;
19 (ii) not fully immunized for one or more immunization series required
20 by this section; and
21 (iii) exempt, pursuant to subdivision eight of this section, from one
22 or more immunization series required by this section; and
23 c. any other information the commissioner shall require.
24 § 2. The public health law is amended by adding a new section 2169 to
25 read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13623-03-9
A. 8635 2
1 § 2169. Publication of immunization information. 1. The department
2 shall prominently make available on its website information regarding
3 compliance with the requirements of section twenty-one hundred sixty-
4 four of this title by schools in this state, including, but not limited
5 to:
6 (a) a searchable database of information regarding each school's
7 compliance with the requirements of section twenty-one hundred sixty-
8 four of this title, including, but not limited to the information
9 contained in the summary of compliance required pursuant to subdivision
10 eleven of section twenty-one hundred sixty-four of this title;
11 (b) for each individual immunization series required by section twen-
12 ty-one hundred sixty-four of this title, the number and percentage of
13 children admitted to a school in this state that are:
14 (i) fully immunized;
15 (ii) not fully immunized; and
16 (iii) exempt, pursuant to subdivision eight of such section, from such
17 immunization series;
18 (c) the overall number and percentage of children admitted to a school
19 in this state that are:
20 (i) fully immunized for all immunization series required by section
21 twenty-one hundred sixty-four of this title;
22 (ii) not fully immunized for one or more immunization series required
23 by section twenty-one hundred sixty-four of this title; and
24 (iii) exempt, pursuant to subdivision eight of section twenty-one
25 hundred sixty-four of this title, from one or more immunization series
26 required by such section;
27 (d) an analysis of statewide trends in immunization rates and
28 exemptions over time;
29 (e) an analysis identifying particular schools, school districts,
30 and/or areas of the state which have an immunization rate of less than
31 ninety-five percent, or are otherwise vulnerable to the spread of commu-
32 nicable diseases; and
33 (f) any other information the department judges to be pertinent or
34 necessary.
35 2. For the purposes of complying with the provisions of subdivision
36 one of this section, the department shall ensure that the confidentiali-
37 ty of individual identifying information is appropriately protected, and
38 shall not publish such information in a manner that allows such informa-
39 tion to be linked to an individual child, parent, guardian, or person in
40 parental relationship to a child.
41 § 3. This act shall take effect January 1, 2021.