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.
STATE OF NEW YORK
________________________________________________________________________
765
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. McDONALD, SIMONE, TAPIA, BORES, BURDICK, SAYEGH,
DAVILA, BRONSON, CUNNINGHAM, REYES -- read once and referred to the
Committee on Health
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.
14 (ii) A registered professional nurse, or a pharmacist who administers
15 a vaccine pursuant to subdivision two of section sixty-eight hundred one
16 of the education law, to a person nineteen years of age or older, shall
17 report[, with the consent of the vaccinee,] all such immunizations to
18 the department in a format prescribed by the commissioner within four-
19 teen days of administration of such immunizations. Registered profes-
20 sional nurses or pharmacists administering immunizations pursuant to
21 subdivision two of section sixty-eight hundred one of the education law,
22 to persons nineteen years of age or older in the city of New York shall
23 report[, with the consent of the vaccinee,] in a format prescribed by
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00332-03-5
A. 765 2
1 the city of New York commissioner of health and mental hygiene, all such
2 immunizations to the citywide immunization registry. Provided, however,
3 no report shall be made under this paragraph if the person to whom the
4 vaccine is administered, or a person authorized to consent to health
5 care for the person, objects to the person who administered the vaccine,
6 prior to the making of the report.
7 § 2. This act shall take effect on the ninetieth day after it shall
8 have become a law.
