N.Y. Public Health Law § 2805-h: Immunizations

§ 2805-h. Immunizations. 1. Immunizations against poliomyelitis,

mumps, measles, diphtheria and rubella. (a) It shall be the duty of the

administrative officer or other person in charge of each hospital to

inquire of each person in its care under the age of eighteen, or of a

person in parental relation to such person, whether all necessary

immunizations have been received for poliomyelitis, mumps, measles,

diphtheria and rubella and, if not, to make available such immunizations

and a certificate or certificates of such immunizations.

(b) This subdivision shall not apply to children whose parent,

parents, or guardian are bona fide members of a recognized religious

organization whose teachings are contrary to the practices herein

required.

(c) If any physician licensed to practice medicine in this state

certifies that such immunization may be detrimental to a child's health,

the requirements of this section shall be inapplicable until such

immunization is found no longer to be detrimental to the child's health.

2. Immunizations against influenza for certain persons fifty or older

and immunizations against pneumococcal for certain persons sixty-five or

older. (a) Annually between September first and April first, it shall be

the duty of the administrative officer or other person in charge of each

general hospital to offer each admitted person age fifty or older

vaccination against influenza virus. Such officer or person need not

offer the vaccination to persons who have already received such vaccine

or for whom it is otherwise inappropriate.

(b) It shall be the duty of the administrative officer or other person

in charge of each general hospital to offer vaccination against

pneumococcal disease to each admitted person age sixty-five or older in

the hospital's care. Such officer or person need not offer the

vaccination to people who have already received it, are not in need of a

booster, or for whom it is otherwise inappropriate.

(c) Each general hospital shall adopt an influenza and pneumococcal

immunization policy which shall include, but not be limited to, the

following: procedures for identifying persons age fifty or older for

influenza, sixty-five or older for pneumococcal disease and at the

discretion of the facility other individuals at risk; procedures for the

offering of immunization against influenza virus upon admission or

discharge to persons age fifty or older, between September first and

April first, and pneumococcal disease upon admission or discharge to

persons age sixty-five or older; procedures for ensuring that

individuals offered immunization or their guardian receive information

regarding the risks and benefits of vaccination; a standing order policy

approved by the medical director or other appropriate physician which

shall include, but not be limited to, an assessment for

contra-indications; and a system for documenting vaccine administration,

medical contra-indications, patient refusals and any post-vaccination

adverse events.

(d) The commissioner may waive the requirements of this subdivision

due to a shortage of influenza and/or pneumococcal vaccine.

3. Immunizations against influenza and Bordetella pertussis; neonatal

intensive care units.

(a) It shall be the duty of each general hospital (i) with a neonatal

intensive care unit to offer, annually between September first and April

first, to every parent or person in parental relation who is reasonably

anticipated to be a caregiver in the household of a newborn being

treated in the neonatal intensive care unit vaccination against

influenza virus; and (ii) having a newborn nursery or providing

obstetric services to offer to every parent, person in parental relation

or other person who is reasonably anticipated to be a caregiver of a

newborn being treated in such hospital vaccination against Bordetella

pertussis (whooping cough). If the parent or person in parental relation

wishes to be vaccinated, the hospital shall provide the person with the

vaccination. If the parent or person in parental relation declines the

hospital offer or wishes to defer vaccination, the hospital shall

provide information on where such person may be vaccinated. Such general

hospital need not offer the vaccination to parents and persons in

parental relation who have already received such vaccine or for whom it

is medically inappropriate.

(b) Each general hospital shall adopt a policy for implementing this

subdivision, documenting the offer of vaccine administration.

(c) The commissioner may waive the requirements of this subdivision

due to a shortage of influenza vaccine.