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A06594 Summary:

BILL NOA06594
 
SAME ASSAME AS S04783
 
SPONSORReyes
 
COSPNSRLupardo, Darling, Dickens, Davila, Gallagher, Jackson, Lemondes, Meeks, Seawright, Simon, Dinowitz, Zinerman, Forrest
 
MLTSPNSR
 
Amd 2168, Pub Health L
 
Relates to including diagnosis of asthma or other respiratory diseases for which rescue inhaler treatment is prescribed in the statewide immunization information system.
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A06594 Text:



 
                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.
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