Amd §§2504, 2305, 17, 18 & 2168, Pub Health L; amd §§9.13, 22.11, 33.21 & 33.16, Ment Hyg L; amd §§372, 373-a
& 366, add §373-b, Soc Serv L; add §3244, Ins L
Allows homeless youth to give effective consent to certain medical, dental, health, and hospital services; provides for insurance coverage of such health care services consented to by such youth.
STATE OF NEW YORK
________________________________________________________________________
8352
IN SENATE
January 19, 2024
___________
Introduced by Sen. MAY -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, the mental hygiene law, the
social services law, and the insurance law, in relation to allowing
certain youth to give effective consent to medical, dental, health,
and/or hospital services and immunizations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 2, 4, 5, and 6 of section 2504 of the public
2 health law, subdivision 2 as amended by chapter 119 of the laws of 2005,
3 subdivision 4 as amended by chapter 623 of the laws of 2019, subdivision
4 5 as added and subdivision 6 as renumbered by chapter 521 of the laws of
5 1994 and subdivision 6 as added by chapter 769 of the laws of 1972, are
6 amended and a new subdivision 8 is added to read as follows:
7 2. Any person who has been married or who has borne a child may give
8 effective consent for medical, dental, health and hospital services for
9 his [or], her, or their child. Any person who has been designated pursu-
10 ant to title fifteen-A of article five of the general obligations law as
11 a person in parental relation to a child may consent to any medical,
12 dental, health and hospital services for such child for which consent is
13 otherwise required [which are not: (a) major medical treatment as
14 defined in subdivision (a) of section 80.03 of the mental hygiene law;
15 (b) electroconvulsive therapy; or (c) the withdrawal or discontinuance
16 of medical treatment which is sustaining life functions].
17 4. Medical, dental, health and hospital services may be rendered to
18 persons of any age without the consent of a parent, legal guardian or
19 person possessing a lawful order of custody when, in the [physician's]
20 practitioner's judgment, an emergency exists and the person is in imme-
21 diate need of medical attention and an attempt to secure consent would
22 result in delay of treatment which would increase the risk to the
23 person's life or health.
24 5. Where not otherwise already authorized by law to do so, any person
25 in a parental relation to a child as defined in section twenty-one
26 hundred sixty-four of this chapter and, (i) a grandparent, an adult
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10800-01-3
S. 8352 2
1 brother or sister, an adult aunt or uncle, any of whom has assumed care
2 of the child and, (ii) an adult who has care of the child and has writ-
3 ten authorization to consent from a person in a parental relation to a
4 child as defined in section twenty-one hundred sixty-four of this chap-
5 ter, may give effective consent for the immunization of a child. Howev-
6 er, a person other than one in a parental relation to the child shall
7 not give consent under this subdivision if [he or she has] they have
8 reason to believe that a person in parental relation to the child as
9 defined in section twenty-one hundred sixty-four of this chapter objects
10 to the immunization. However, a child who may give effective consent to
11 medical, dental, health, and hospital services pursuant to this section
12 may give such consent to their own immunization, and the consent of no
13 other person shall be necessary.
14 6. Anyone who acts in good faith based on the representation by a
15 person that [he is] they are eligible to consent pursuant to the terms
16 of this section shall be deemed to have received effective consent.
17 8. Any person, including a minor, who comprehends the need for, the
18 nature of, and the reasonably foreseeable risks and benefits involved in
19 any contemplated medical, dental, health, and/or hospital services, and
20 any alternatives thereto, may give effective consent to such services
21 for themself, and the consent of no other person shall be necessary. The
22 commissioner is authorized to promulgate rules and regulations necessary
23 to effectuate the provisions of this subdivision.
24 § 2. Subdivision (a) of section 9.13 of the mental hygiene law, as
25 amended by chapter 465 of the laws of 1992, is amended to read as
26 follows:
27 (a) The director of any hospital may receive as a voluntary patient
28 any suitable person in need of care and treatment, who voluntarily makes
29 written application therefor. If the person is under sixteen years of
30 age, the person may be received as a voluntary patient [only] on the
31 application of the parent, legal guardian, or next-of-kin of such
32 person[, or,]; subject to the terms of any court order or any instrument
33 executed pursuant to section three hundred eighty-four-a of the social
34 services law, a social services official or authorized agency with care
35 and custody of such person pursuant to section three hundred eighty-
36 four-a of the social services law, the director of the division for
37 youth, acting in accordance with section five hundred nine of the execu-
38 tive law, or a person or entity having custody of the person pursuant to
39 an order issued pursuant to section seven hundred fifty-six or one thou-
40 sand fifty-five of the family court act; or on such person's own appli-
41 cation, if they may give effective consent pursuant to section twenty-
42 five hundred four of the public health law. If the person is over
43 sixteen and under eighteen years of age, the director may, in [his]
44 their discretion, admit such person either as a voluntary patient on
45 [his] their own application or on the application of the person's
46 parent, legal guardian, next-of-kin, or, subject to the terms of any
47 court order or any instrument executed pursuant to section three hundred
48 eighty-four-a of the social services law, a social services official or
49 authorized agency with care and custody of such person pursuant to
50 section three hundred eighty-four-a of the social services law, the
51 director of the division for youth, acting in accordance with section
52 five hundred nine of the executive law, provided that such person know-
53 ingly and voluntarily consented to such application in accordance with
54 such section, or a person or entity having custody of the person pursu-
55 ant to an order issued pursuant to section seven hundred fifty-six or
56 one thousand fifty-five of the family court act.
S. 8352 3
1 § 3. Subdivision (b) and paragraphs 1 and 3 of subdivision (c) of
2 section 22.11 of the mental hygiene law, as added by chapter 558 of the
3 laws of 1999, are amended to read as follows:
4 (b) In treating a minor for chemical dependence on an inpatient, resi-
5 dential, or outpatient basis, the important role of the parents or guar-
6 dians shall be recognized. Steps shall be taken to involve the parents
7 or guardians in the course of treatment, and consent from such a person
8 for inpatient, residential, or outpatient treatment for minors shall be
9 required, except as otherwise provided by subdivision (c) of this
10 section or section twenty-five hundred four of the public health law.
11 1. If, in the judgment of a [physician] qualified health professional,
12 parental or guardian involvement and consent would have a detrimental
13 effect on the course of treatment of a minor who is voluntarily seeking
14 treatment for chemical dependence or if a parent or guardian refuses to
15 consent to such treatment and the [physician] qualified health profes-
16 sional believes that such treatment is necessary for the best interests
17 of the child, such treatment may be provided to the minor by a [licensed
18 physician] qualified health professional on an inpatient, residential or
19 outpatient basis, a staff [physician] health professional in a hospital,
20 or persons operating under their supervision, without the consent or
21 involvement of the parent or guardian. Such [physician] qualified health
22 professional shall fully document the reasons why the requirements of
23 subdivision (b) of this section were dispensed within the minor's
24 medical record[, provided, however, that for providers of services which
25 are not required to include physicians on staff, pursuant to regulations
26 promulgated by the commissioner, a qualified health professional, as
27 defined in such regulations, shall fulfill the role of a physician for
28 purposes of this paragraph].
29 3. If the minor may give effective consent pursuant to section twen-
30 ty-five hundred four of the public health law, such treatment may be
31 provided to the minor by a qualified health professional on an inpa-
32 tient, residential or outpatient basis, a staff health professional in a
33 hospital, or persons operating under their supervision, without the
34 consent or involvement of the parent or guardian.
35 4. Admission and discharge for inpatient or residential treatment
36 shall be made in accordance with subdivision (d) of this section.
37 § 4. Subdivisions (a), (b), (c), and (e) of section 33.21 of the
38 mental hygiene law, subdivisions (a), (b), and (c) as amended and subdi-
39 vision (e) as added by chapter 461 of the laws of 1994, are amended to
40 read as follows:
41 (a) For the purposes of this section:
42 (1) "minor" shall mean a person under eighteen years of age, but shall
43 not include a person who is the parent of a child, emancipated, has
44 married or is on voluntary status on [his or her] their own application
45 pursuant to section 9.13 of this chapter;
46 (2) "mental health practitioner" shall mean a physician, a licensed
47 psychologist, or persons providing mental health services under the
48 supervision of a physician in a facility operated or licensed by the
49 office of mental health or providing outpatient mental health services;
50 (3) "outpatient mental health services" shall mean [those] mental
51 health services provided to a person that occur in a community location
52 and/or in an [outpatient program licensed] ambulatory care setting such
53 as a mental health center or [operated pursuant to the regulations of
54 the commissioner of mental health] substance use disorder clinic, hospi-
55 tal outpatient department, community health center, or practitioner's
56 office, or via telehealth, or at a person's home or school, including
S. 8352 4
1 psychotherapy and/or medication management, delivered in an individual,
2 family, or group setting;
3 (4) "reasonably available" shall mean a parent or guardian can be
4 contacted with diligent efforts by a mental health practitioner; and
5 (5) "capacity" shall mean the minor's ability to understand and appre-
6 ciate the nature and consequences of the proposed treatment, including
7 the benefits and risks of, and alternatives to, such proposed treatment,
8 and to reach an informed decision.
9 (b) In providing outpatient mental health services to a minor, [or
10 psychotropic medications to a minor residing in a hospital,] the impor-
11 tant role of the parents or guardians shall be recognized. As clinically
12 appropriate, steps shall be taken to actively involve the parents or
13 guardians, and the consent of such persons shall be required for such
14 treatment in non-emergency situations, except as provided in subdivi-
15 sions (c), (d) and (e) of this section or section two thousand five
16 hundred four of the public health law.
17 (c) A mental health practitioner may provide outpatient mental health
18 services[, other than those treatments and procedures for which consent
19 is specifically required by section 33.03 of this article,] to a minor
20 voluntarily seeking such services without parental or guardian consent
21 if the mental health practitioner determines that:
22 (1) the minor may give effective consent pursuant to section twenty-
23 five hundred four of the public health law; or
24 (2) (i) the minor is knowingly and voluntarily seeking such services;
25 and
26 [(2)] (ii) provision of such services is clinically indicated and
27 necessary to the minor's well-being; and
28 [(3) (i)] (iii) (A) a parent or guardian is not reasonably available;
29 or
30 [(ii)] (B) requiring parental or guardian consent or involvement would
31 have a detrimental effect on the course of outpatient treatment; or
32 [(iii)] (C) a parent or guardian has refused to give such consent and
33 a [physician] practitioner determines that treatment is necessary and in
34 the best interests of the minor.
35 The mental health practitioner shall fully document the reasons for
36 [his or her] their determinations. Such documentation shall be included
37 in the minor's clinical record, along with a written statement signed by
38 the minor indicating that [he or she is] they are voluntarily seeking
39 services. As clinically appropriate, notice of a determination made
40 pursuant to subparagraph (iii) of paragraph three of this subdivision
41 shall be provided to the parent or guardian.
42 (e) (1) Subject to the regulations of the commissioner of mental
43 health governing the patient's right to object to treatment, subdivision
44 (b) of this section and paragraph two of this subdivision, the consent
45 of a parent or guardian or the authorization of a court shall be
46 required for the non-emergency administration of psychotropic medica-
47 tions to a minor residing in a hospital unless the minor may give effec-
48 tive consent pursuant to section twenty-five hundred four of the public
49 health law.
50 (2) A minor [sixteen years of age or older] who consents may be admin-
51 istered psychotropic medications without the consent of a parent or
52 guardian or the authorization of a court where[:
53 (i) a parent or guardian is not reasonably available, provided the
54 treating physician determines that (A) the minor has capacity; and (B)
55 such medications are in the minor's best interests; or
S. 8352 5
1 (ii) requiring consent of a parent or guardian would have a detri-
2 mental effect on the minor, provided the treating physician and a second
3 physician who specializes in psychiatry and is not an employee of the
4 hospital determine that (A) such detrimental effect would occur; (B) the
5 minor has capacity; and (C) such medications are in the minor's best
6 interests; or
7 (iii) the parent or guardian has refused to give such consent,
8 provided the treating physician and a second physician who specializes
9 in psychiatry and is not an employee of the hospital determine that (A)
10 the minor has capacity; and (B) such medications are in the minor's best
11 interests. Notice of the decision to administer psychotropic medications
12 pursuant to this subparagraph shall be provided to the parent or guardi-
13 an] the minor may give effective consent pursuant to section twenty-five
14 hundred four of the public health law.
15 (3) The reasons for an exception authorized pursuant to paragraph two
16 of this subdivision shall be fully documented and such documentation
17 shall be included in the minor's clinical record.
18 § 5. Subdivisions 1, 2, and 3 of section 2305 of the public health
19 law, subdivisions 1 and 2 as amended by section 35 of part E of chapter
20 56 of the laws of 2013 and subdivision 3 as amended by chapter 878 of
21 the laws of 1980, are amended to read as follows:
22 1. No person, other than a [licensed physician, or, in a hospital, a
23 staff physician,] health care practitioner shall diagnose, treat or
24 prescribe for a person who is infected with a sexually transmitted
25 disease, or who has been exposed to infection with a sexually transmit-
26 ted disease, or dispense or sell a drug, medicine or remedy for the
27 treatment of such person except on prescription of a duly licensed
28 [physician] health care practitioner.
29 2. A [licensed physician, or in a hospital, a staff physician,] health
30 care practitioner may diagnose, treat or prescribe for a person under
31 the age of twenty-one years without the consent or knowledge of the
32 parents or guardian of said person, where such person is infected with a
33 sexually transmitted disease, [or] has been exposed to infection with a
34 sexually transmitted disease, or may give effective consent pursuant to
35 section twenty-five hundred four of this chapter.
36 3. For the purposes of this section[, the]:
37 (a) The term "hospital" shall mean a hospital as defined in article
38 twenty-eight of this chapter.
39 (b) The term "health care practitioner" shall mean a person licensed,
40 certified, or otherwise authorized to practice under title eight of the
41 education law, acting within their lawful scope of practice.
42 § 6. Subdivision 8 of section 372 of the social services law, as
43 amended by chapter 684 of the laws of 1996, is amended to read as
44 follows:
45 8. In any case where a child is to be placed with or discharged to a
46 relative or other person legally responsible pursuant to section ten
47 hundred seventeen or ten hundred fifty-five of the family court act,
48 such relative or other person shall be provided with such information by
49 an authorized agency as is provided to foster parents pursuant to this
50 section and applicable regulations of the department; provided, however,
51 that no information about any medical, dental, health, and/or hospital
52 service that a child has consented to themself shall be included without
53 the child's authorization. A child may consent to disclosure generally,
54 or only in an emergency, or may withhold consent all together.
55 § 7. Section 373-a of the social services law, as amended by chapter
56 305 of the laws of 2008, is amended to read as follows:
S. 8352 6
1 § 373-a. Medical histories. Notwithstanding any other provision of law
2 to the contrary, to the extent they are available, the medical histories
3 of a child legally freed for adoption or of a child to be placed in
4 foster care and of his or her birth parents, with information identify-
5 ing such birth parents eliminated, shall be provided by an authorized
6 agency to such child's prospective adoptive parent or foster parent and
7 upon request to the adoptive parent or foster parent when such child has
8 been adopted or placed in foster care; provided, however, that no infor-
9 mation about any medical, dental, health, and/or hospital service that a
10 child has consented to themself shall be included without the child's
11 authorization. A child may consent to disclosure generally, or only in
12 an emergency, or may withhold consent all together. To the extent they
13 are available, the medical histories of a child in foster care and of
14 his or her birth parents shall be provided by an authorized agency to
15 such child when discharged to his or her own care and upon request to
16 any adopted former foster child; provided, however, medical histories of
17 birth parents shall be provided to an adoptee with information identify-
18 ing such birth parents eliminated. Such medical histories shall include
19 all available information setting forth conditions or diseases believed
20 to be hereditary, any drugs or medication taken during pregnancy by the
21 child's birth mother and any other information, including any psycholog-
22 ical information in the case of a child legally freed for adoption or
23 when such child has been adopted, or in the case of a child to be placed
24 in foster care or placed in foster care which may be a factor influenc-
25 ing the child's present or future health. The department shall promul-
26 gate and may alter or amend regulations governing the release of medical
27 histories pursuant to this section.
28 § 8. The social services law is amended by adding a new section 373-b
29 to read as follows:
30 § 373-b. Reproductive and sexual health care services and information.
31 1. Each foster parent must be advised, in writing, by means of a letter
32 or brochure designed for such purpose, initially upon becoming a foster
33 parent to a child and annually thereafter, of the availability of
34 social, educational, and medical reproductive and sexual health care
35 services and information for such child.
36 2. A child-caring agency shall offer age- and developmentally-appro-
37 priate reproductive and sexual health care services and information to
38 all foster children who are or may be sexually active or who request
39 such services or information through such agency's caseworker contact
40 and as part of the comprehensive service plan for each child. Such an
41 offer may be made orally to the child and shall be made in writing, by
42 means of a letter or brochure designed for such purpose. If such a plan
43 is developed by a social services district, such district must continue
44 to monitor the child-caring agency's program implementation to assure
45 that the offer is being made in writing and that requested services are
46 provided within thirty days, and to require and collect reports and data
47 from such agency.
48 3. Services and information offered under this section must be
49 respectful and inclusive of all foster children regardless of actual or
50 perceived race, color, weight, national origin, ethnic group, religion,
51 religious practice, disability, sexual orientation, or gender, as
52 defined by section eleven of the education law.
53 § 9. Paragraph (c) of subdivision 1 of section 366 of the social
54 services is amended by adding a new subparagraph 11 to read as follows:
55 (11) A minor who is not otherwise eligible for medical assistance
56 under this section who consents to their own medical, dental, health,
S. 8352 7
1 and/or hospital services pursuant to section twenty-five hundred four of
2 the public health law is eligible for standard coverage only for the
3 specific services consented to by such minor; provided, however, that
4 this subparagraph only applies if such minor is unable to use another
5 source of health insurance to pay for the services consented to by such
6 minor. The commissioner of health shall promulgate rules and regu-
7 lations necessary to carry out the provisions of this subparagraph.
8 § 10. The first undesignated paragraph of section 17 of the public
9 health law, as amended by chapter 322 of the laws of 2017, is amended to
10 read as follows:
11 Upon the written request of any competent patient, parent or guardian
12 of an infant, a guardian appointed pursuant to article eighty-one of the
13 mental hygiene law, or conservator of a conservatee, an examining,
14 consulting or treating physician or hospital must release and deliver,
15 exclusive of personal notes of the said physician or hospital, copies of
16 all x-rays, medical records and test records including all laboratory
17 tests regarding that patient to any other designated physician or hospi-
18 tal; provided, however, that such records concerning the treatment of an
19 infant patient for venereal disease [or], the performance of an abortion
20 operation upon such infant patient, or any medical, dental, health,
21 and/or hospital services that such infant patient has consented to them-
22 self pursuant to section twenty-five hundred four of this chapter shall
23 not be released or in any manner be made available to the parent or
24 guardian of such infant[,]; provided, further, that any infant patient
25 who may give effective consent pursuant to section twenty-five hundred
26 four of this chapter may request release of their own records, and the
27 request of no other person shall be necessary; and provided, further,
28 that original mammograms, rather than copies thereof, shall be released
29 and delivered. Either the physician or hospital incurring the expense of
30 providing copies of x-rays, medical records and test records including
31 all laboratory tests pursuant to the provisions of this section may
32 impose a reasonable charge to be paid by the person requesting the
33 release and deliverance of such records as reimbursement for such
34 expenses, provided, however, that the physician or hospital may not
35 impose a charge for copying an original mammogram when the original has
36 been released or delivered to any competent patient, parent or guardian
37 of an infant, a guardian appointed pursuant to article eighty-one of the
38 mental hygiene law, or a conservator of a conservatee and provided,
39 further, that any charge for delivering an original mammogram pursuant
40 to this section shall not exceed the documented costs associated there-
41 with. However, the reasonable charge for paper copies shall not exceed
42 seventy-five cents per page. A release of records under this section
43 shall not be denied solely because of inability to pay. No charge may be
44 imposed under this section for providing, releasing, or delivering
45 medical records or copies of medical records where requested for the
46 purpose of supporting an application, claim or appeal for any government
47 benefit or program, provided that, where a provider maintains medical
48 records in electronic form, it shall provide the copy in either elec-
49 tronic or paper form, as required by the government benefit or program,
50 or at the patient's request.
51 § 11. Paragraph (c) of subdivision 3 of section 18 of the public
52 health law, as added by chapter 497 of the laws of 1986, is amended to
53 read as follows:
54 (c) A subject [over the age of twelve years may] shall be notified of
55 any request by a qualified person to review [his/her] their patient
56 information, and, if [the] such subject objects to disclosure, the
S. 8352 8
1 provider may deny the request. In the case of a facility, the treating
2 practitioner shall be consulted. A provider shall not disclose informa-
3 tion about any medical, dental, health, and/or hospital services that an
4 infant has consented to themself to such infant's parent or guardian
5 without such infant's authorization. An infant may consent to disclo-
6 sure to their parent or guardian generally, or only in an emergency, or
7 may withhold consent all together. An infant who may give effective
8 consent to medical, dental, health, and/or hospital services pursuant to
9 section twenty-five hundred four of this chapter may also give effective
10 consent to release their patient information to any person.
11 § 12. Paragraph 2 of subdivision (c) of section 33.16 of the mental
12 hygiene law, as added by chapter 498 of the laws of 1986, is amended to
13 read as follows:
14 2. A patient or client [over the age of twelve may] shall be notified
15 of any request by a qualified person to review [his/her] their record
16 and if [the] such patient or client objects to disclosure, the facility,
17 in consultation with the treating practitioner, may deny the request. A
18 facility, practitioner, or treating practitioner shall not disclose
19 clinical records pertaining to treatment that an infant patient or
20 client consented to themself to such infant's parent or guardian without
21 such infant's authorization. An infant patient or client may consent to
22 disclosure to their parent or guardian generally, or only in an emergen-
23 cy, or may withhold consent all together. An infant who may give effec-
24 tive consent to medical, dental, health, and/or hospital services pursu-
25 ant to section twenty-five hundred four of this chapter may also give
26 effective consent to release their clinical record to any person.
27 § 13. Section 3244 of the insurance law is amended by adding a new
28 subsection (f) to read as follows:
29 (f) (1) An insurer, including health maintenance organizations operat-
30 ing under article forty-four of the public health law or article forty-
31 three of this chapter, and any other corporation operating under article
32 forty-three of this chapter, shall take the following steps to protect
33 the confidentiality of an insured's, including a subscriber's or
34 enrollee's, medical information:
35 (A) Insurers shall permit an insured who consents to their own
36 medical, dental, health, and/or hospital services pursuant to section
37 twenty-five hundred four of the public health law to choose a method of
38 receiving explanation of benefit forms that contain information relating
39 to the receipt of the specific services consented to, which shall
40 include, but not be limited to, the following: sending the form to the
41 address of the subscriber; sending the form to the address of the
42 insured; sending the form to an alternate address designated by the
43 insured; or sending the form through electronic means when available.
44 When an insured has submitted a request for receiving explanation of
45 benefit forms under this section an insurer is thereby prohibited from
46 sending duplicative explanation of benefit forms to a non-specified
47 recipient or in a manner inconsistent with the request of such insured.
48 (B) Insurers shall not in any way identify the diagnosis or services
49 received in an explanation of benefits form or in any online portal that
50 allows subscribers to access claim information if such diagnosis or
51 services were consented to pursuant to section twenty-five hundred four
52 of the public health law.
53 (2) The department shall develop and make available a standardized
54 form for an insured to use to request confidential communications that
55 shall be accepted by all insurers.
S. 8352 9
1 (3) For the purposes of this section, an alternative communications
2 request as described in subparagraph (A) of paragraph one of this
3 subsection shall be implemented by an insurer within seven calendar days
4 of receipt of an electronic transmission or telephonic request or within
5 fourteen calendar days of receipt of such request by first-class mail.
6 An insurer shall acknowledge receipt of such alternative communications
7 request and advise the insured of the status of implementation of such
8 request if such insured contacts such insurer.
9 (4) An insurer shall not condition the enrollment or coverage on the
10 waiver of rights provided in this subsection.
11 (5) This subsection shall not be construed to limit acceptance by an
12 insurer of any other form of written request from an insured for confi-
13 dential communications from a carrier under paragraph (b) of section
14 164.522 of part 164 of title 45 of the code of federal regulations.
15 § 14. Paragraph (c) and subparagraph (vi) of paragraph (d) of subdivi-
16 sion 8 and subdivision 10 of section 2168 of the public health law,
17 paragraph (c) of subdivision 8 as amended by chapter 829 of the laws of
18 2022, subparagraph (vi) of paragraph (d) of subdivision 8 as amended by
19 chapter 532 of the laws of 2022 and subdivision 10 as amended by section
20 7 of part A of chapter 58 of the laws of 2009, are amended to read as
21 follows:
22 (c) health care providers and their designees, registered professional
23 nurses, and pharmacists authorized to administer immunizations pursuant
24 to subdivision two of section sixty-eight hundred one of the education
25 law shall have access to the statewide immunization information system
26 and the blood lead information in such system only for purposes of
27 submission of information about vaccinations received by a specific
28 registrant, determination of the immunization status of a specific
29 registrant, determination of the blood lead testing status of a specific
30 registrant, submission of the results from a blood lead analysis of a
31 sample obtained from a specific registrant in accordance with paragraph
32 (h) of subdivision two of this section, review of practice coverage,
33 generation of reminder notices, quality improvement and accountability,
34 including professional responsibility proceedings of the office of
35 professional medical conduct and the state education department, and
36 printing a copy of the immunization or lead testing record for the
37 registrant's medical record, for the registrant's parent or guardian, or
38 other person in parental or custodial relation to a child, or for a
39 registrant [upon reaching eighteen years of age]; provided, however,
40 that any immunization record printed for a registrant's parent, guardi-
41 an, or other person in a custodial relation to such registrant shall
42 exclude information about any immunization that such registrant has
43 consented to themself pursuant to section twenty-five hundred four of
44 this chapter.
45 (vi) commissioners of local social services districts with regard to a
46 child in [his/her] their legal custody;
47 10. The person to whom any immunization record relates, or [his or
48 her] their parent, or guardian, or other person in parental or custodial
49 relation to such person may request a copy of an immunization or lead
50 testing record from the registrant's healthcare provider, the statewide
51 immunization information system or the citywide immunization registry
52 according to procedures established by the commissioner or, in the case
53 of the citywide immunization registry, by the city of New York commis-
54 sioner of the department of health and mental hygiene; provided, howev-
55 er, that any immunization record provided to the person's parent or
56 guardian or other person in a parental or custodial relation to such
S. 8352 10
1 person shall exclude information about any immunization that such person
2 has consented to themself pursuant to section twenty-five hundred four
3 of this chapter.
4 § 15. This act shall take effect on the one hundred eightieth day
5 after it shall have become a law. Effective immediately, the addition,
6 amendment and/or repeal of any rule or regulation necessary for the
7 implementation of this act on its effective date are authorized to be
8 made and completed on or before such effective date.
