N.Y. Public Health Law § 613: State aid; immunization

§ 613. State aid; immunization. 1. (a) The commissioner shall develop

and supervise the execution of a program of immunization, surveillance

and testing, to raise to the highest reasonable level the immunity of

the children of the state against communicable diseases including, but

not limited to, influenza, poliomyelitis, measles, mumps, rubella,

haemophilus influenzae type b (Hib), diphtheria, pertussis, tetanus,

varicella, hepatitis B, pneumococcal disease, and the immunity of adults

of the state against diseases identified by the commissioner, including

but not limited to influenza, smallpox, hepatitis and such other

diseases as the commissioner may designate through regulation.

Municipalities in the state shall maintain local programs of

immunization to raise the immunity of the children and adults of each

municipality to the highest reasonable level, in accordance with an

application for state aid submitted by the municipality and approved by

the commissioner. Such programs shall include assurance of provision of

vaccine, serological testing of individuals and educational efforts to

inform health care providers and target populations or their parents, if

they are minors, of the facts relative to these diseases and

immunizations to prevent their occurrence.

(b) In connection with efforts to raise the immunity of children

against influenza, the commissioner shall administer a program of

influenza education to the families of children ages six months to

eighteen years of age who attend licensed and registered day care

programs, nursery schools, pre-kindergarten, kindergarten, school age

child care programs, public schools or non-public schools. Such program

shall include educational materials on influenza and the benefits of

influenza immunizations to be made available on the department's website

in anticipation of times of highest risk for contraction of influenza as

determined by the commissioner. The office of children and family

services, the department of education, and the New York city department

of health and mental hygiene shall, as part of their routine

notification processes, notify licensed and registered day care

programs, nursery schools, pre-kindergarten programs, kindergarten

programs, school age child care programs, public schools and non-public

schools that the information regarding immunizations for influenza is

free and accessible on the department's website and such information

shall be posted in such licensed and registered day care programs,

nursery schools, pre-kindergartens, kindergartens, school age child care

programs, public schools and non-public schools in plain view in

anticipation of such times of highest risk for contraction of influenza

as determined by the commissioner.

(c) The commissioner shall invite and encourage the active assistance

and cooperation in such education activities of: the medical societies,

organizations of other licensed health personnel, hospitals,

corporations subject to article forty-three of the insurance law, trade

unions, trade associations, parents and teachers and their associations,

organizations of child care resource and referral agencies, the media of

mass communication, and such other voluntary groups and organizations of

citizens as he or she shall deem appropriate. The public health and

health planning council, the department of education, the department of

family assistance, and the department of mental hygiene shall provide

the commissioner with such assistance in carrying out the program as he

or she shall request. All other state agencies shall also render such

assistance as the commissioner may reasonably require for this program.

Nothing in this subdivision shall authorize mandatory immunization of

adults or children, except as provided in sections twenty-one hundred

sixty-four and twenty-one hundred sixty-five of this chapter.

2. The commissioner shall set such standards as he shall deem

necessary for the proper, safe, and efficient administration of the

program. He shall direct an annual survey to determine the immunization

level of children entering school, and shall conduct annually an audit

of such survey and an audit of the immunization level of children

attending school. State aid provided by this article shall be reduced by

ten percent, provided however that state aid for essential public health

activities shall not be reduced, unless a municipality has submitted, in

cooperation with local school districts, a plan within ninety days after

the commissioner shall have certified to such municipality the results

of his survey of the immunization level of children entering schools in

such local school districts. Such plan shall be submitted for the next

ensuing school year and a subsequent plan shall be submitted annually

thereafter for assuring that immunizing agents are administered to

pre-school children within a reasonable time prior to but, in any event,

no later than their entrance into school, and to students generally, as

required pursuant to section twenty-one hundred sixty-four of this

chapter. Such plan shall include the manner in which immunization

activities are coordinated among the local health authority and the

school districts. Such reduction in state aid and the requirement that a

municipality submit an immunization plan shall not be applicable to any

municipality where ninety percent or more of its children entering

school are immunized. The determination of the percentage of

immunization shall be made by the commissioner based upon his audit of

immunization surveys.

3. The commissioner shall expend such funds as the legislature shall

make available for the purpose of adult and child immunization programs,

including quality assurance and immunization education:

(a) directly through the department;

(b) by allocation to municipalities with qualifying programs for

reimbursement in accordance with provisions of this section; or

(c) by contract.

4. The commissioner shall expend such funds as the legislature shall

make available for the purchase of the vaccines described in subdivision

one of this section. Vaccines purchased with funds made available under

this section shall be made available without charge to licensed private

physicians, hospitals, clinics and such others as the commissioner shall

determine, and no charge shall be made to any patient for such vaccines.