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 or to a regional health information organization unless such person 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: A279A
SPONSOR: Gottfried
 
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 health care providers who administer any vaccines to a person
19 years of age or older to report all such vaccinations to the New York
State Department of Health, or, for health care providers located in New
York City, the New York City Department of Health.
 
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 all adult vaccinations
that they administer to the state or NYC Department of Health, as appro-
priate, immunization registry. Reporting the vaccination to a regional
health information organization or health information exchange that
reports to the immunization registry shall fulfil the reporting require-
ments. 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 is the effective date of 90 days after it becomes
law.
 
JUSTIFICATION:
This legislation builds on the immunization registry law by requiring
that health care providers report immunizations given to adults to the
appropriate immunization registry, to assist individuals and their vari-
ous health care providers by having accurate information on the
patient's vaccination status when considering whether the patient needs
a particular vaccination. This would also facilitate public health moni-
toring of immunization rates, tracking of where people are receiving
immunizations, and tailoring public outreach efforts accordingly.
 
PRIOR LEGISLATIVE HISTORY:
2019-2020: A6847 referred to health committee
 
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.
STATE OF NEW YORK
________________________________________________________________________
279--A
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. GOTTFRIED, McDONALD, DINOWITZ, PAULIN, FERNANDEZ,
ZINERMAN, SIMON, STIRPE, LAVINE, RODRIGUEZ, BURDICK, WOERNER,
L. ROSENTHAL, FAHY, RICHARDSON, GALEF, HEVESI, FORREST -- read once
and referred to the Committee on Health -- reported and referred to
the Committee on Codes -- reported and referred to the Committee on
Rules -- Rules Committee discharged, bill amended, ordered reprinted
as amended and recommitted to the Committee on Rules
AN ACT to amend the public health law, in relation to adult immunization
reporting requirements
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 3 of section 2168 of the
2 public health law, as amended by chapter 420 of the laws of 2014, is
3 amended to read as follows:
4 (b) (i) Any health care provider who administers any vaccine to a
5 person nineteen years of age or older, [may] shall report[, with the
6 consent of the vaccinee,] all such immunizations to the department in a
7 format prescribed by the commissioner within fourteen days of adminis-
8 tration of such immunizations. Health care providers administering
9 immunizations to persons nineteen years of age or older in the city of
10 New York [may] shall report[, with the consent of the vaccinee,] in a
11 format prescribed by the city of New York commissioner of health and
12 mental hygiene, all such immunizations to the citywide immunization
13 registry. The reporting by a health care provider of administration of
14 an immunization to a person nineteen years of age or older to a regional
15 health information organization or other health information exchange
16 shall satisfy the reporting requirements in this section if such data is
17 provided by the regional health information organization or health
18 information exchange to the department or citywide immunization regis-
19 try.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00349-02-1
A. 279--A 2
1 (ii) A registered professional nurse, or a pharmacist who administers
2 a vaccine pursuant to subdivision two of section sixty-eight hundred one
3 of the education law, to a person nineteen years of age or older, shall
4 report[, with the consent of the vaccinee,] all such immunizations to
5 the department in a format prescribed by the commissioner within four-
6 teen days of administration of such immunizations. Registered profes-
7 sional nurses or pharmacists administering immunizations pursuant to
8 subdivision two of section sixty-eight hundred one of the education law,
9 to persons nineteen years of age or older in the city of New York shall
10 report[, with the consent of the vaccinee,] in a format prescribed by
11 the city of New York commissioner of health and mental hygiene, all such
12 immunizations to the citywide immunization registry. The reporting by a
13 registered professional nurse or a pharmacist of administration of an
14 immunization to a person nineteen years of age or older to a regional
15 health information organization or other health information exchange
16 shall satisfy the reporting requirements in this section if such data is
17 provided by the regional health information organization or health
18 information exchange to the department or citywide immunization regis-
19 try.
20 (iii) However, no report shall be made under this paragraph if the
21 person to whom the vaccine is administered, or a person authorized to
22 consent to health care for the person, objects to the person who admin-
23 istered the vaccine, prior to the making of the report.
24 § 2. This act shall take effect on the ninetieth day after it shall
25 have become a law.