S 8853

                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
                                   8853
                             I N  S E N A T E
                              January 9, 2026
                                ___________
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 AN ACT to amend the public health law and the social  services  law,  in
   relation to vaccines for children
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
   Section 1. Subdivision 2 of section 2164 of the public health law,  as
 amended  by  chapter  401  of  the  laws  of 2015, is amended to read as
 follows:
   2. a. Every person in parental relation to a child in this state shall
 have administered to such child an adequate dose or doses of an immuniz-
 ing agent against poliomyelitis, mumps,  measles,  diphtheria,  rubella,
 varicella,  Haemophilus  influenzae  type  b  (Hib), pertussis, tetanus,
 pneumococcal disease,  and  hepatitis  B,  [which  meets  the  standards
 approved  by the United States public health service for such biological
 products, and which is approved by the department under such  conditions
 as  may  be  specified  by the public health council] IN ACCORDANCE WITH
 REGULATIONS ISSUED BY THE  COMMISSIONER,  UTILIZING  GENERALLY  ACCEPTED
 MEDICAL  STANDARDS  AND BASED ON RECOMMENDATIONS OF THE AMERICAN ACADEMY
 OF PEDIATRICS, THE AMERICAN ACADEMY OF FAMILY PHYSICIANS,  THE  AMERICAN
 COLLEGE  OF  OBSTETRICIANS  AND  GYNECOLOGISTS,  THE AMERICAN COLLEGE OF
 PHYSICIANS, THE ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES,  OR  OTHER
 SIMILAR  NATIONALLY  OR  INTERNATIONALLY RECOGNIZED SCIENTIFIC ORGANIZA-
 TIONS.
   b. Every person in parental relation to a child in this state born  on
 or  after January first, nineteen hundred ninety-four and entering sixth
 grade or a comparable age level special education program with an  unas-
 signed grade on or after September first, two thousand seven, shall have
 administered  to such child a booster immunization containing diphtheria
 and tetanus toxoids, and an acellular pertussis  vaccine,  [which  meets
 the  standards  approved  by the United States public health service for
 such biological products, and which is approved by the department  under
 such  conditions  as  may  be specified by the public health council] IN
 ACCORDANCE WITH REGULATIONS ISSUED BY THE COMMISSIONER UTILIZING  GENER-
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14394-02-6
 S. 8853                             2
 ALLY  ACCEPTED  MEDICAL  STANDARDS  AND  BASED ON RECOMMENDATIONS OF THE
 AMERICAN ACADEMY OF PEDIATRICS, THE AMERICAN ACADEMY  OF  FAMILY  PHYSI-
 CIANS,  THE  AMERICAN  COLLEGE  OF  OBSTETRICIANS AND GYNECOLOGISTS, THE
 AMERICAN  COLLEGE  OF PHYSICIANS, THE ADVISORY COMMITTEE ON IMMUNIZATION
 PRACTICES, OR OTHER SIMILAR  NATIONALLY  OR  INTERNATIONALLY  RECOGNIZED
 SCIENTIFIC ORGANIZATIONS.
   c. Every person in parental relation to a child in this state entering
 or  having  entered  seventh grade and twelfth grade or a comparable age
 level special education program with an unassigned  grade  on  or  after
 September  first,  two thousand sixteen, shall have administered to such
 child an adequate dose or doses of immunizing agents against meningococ-
 cal disease [as recommended by the advisory  committee  on  immunization
 practices of the centers for disease control and prevention, which meets
 the  standards  approved  by the United States public health service for
 such biological products, and which is approved by the department  under
 such  conditions  as  may be specified by the public health and planning
 council] IN ACCORDANCE WITH  REGULATIONS  ISSUED  BY  THE  COMMISSIONER,
 UTILIZING  GENERALLY ACCEPTED MEDICAL STANDARDS AND BASED ON RECOMMENDA-
 TIONS OF THE AMERICAN ACADEMY OF PEDIATRICS,  THE  AMERICAN  ACADEMY  OF
 FAMILY  PHYSICIANS,  THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLO-
 GISTS, THE AMERICAN COLLEGE OF PHYSICIANS,  THE  ADVISORY  COMMITTEE  ON
 IMMUNIZATION  PRACTICES,  OR OTHER SIMILAR NATIONALLY OR INTERNATIONALLY
 RECOGNIZED SCIENTIFIC ORGANIZATIONS.
   § 2. Paragraph (a) of subdivision 5 of section 2803-j  of  the  public
 health  law,  as  added by chapter 62 of the laws of 1996, is amended to
 read as follows:
   (a) The commissioner shall  establish  an  immunization  schedule  for
 newborn  children. The immunization schedule shall chart out recommended
 immunizations against certain diseases and illnesses and age-appropriate
 times for the administration  of  each  immunization.  The  immunization
 schedule  shall  also  include  information on the importance of getting
 children immunized at the recommended ages.  The  immunization  schedule
 shall  also  include  the  toll-free  telephone  number  operated by the
 department as part of its immunization education efforts. The  immuniza-
 tion  schedule  shall be in accordance with [recommendations established
 by the New York state department of health and  the  immunization  prac-
 tices  advisory  committee of the United States department of health and
 human services] REGULATIONS ISSUED BY THE COMMISSIONER, UTILIZING GENER-
 ALLY ACCEPTED MEDICAL STANDARDS AND  BASED  ON  RECOMMENDATIONS  OF  THE
 AMERICAN  ACADEMY  OF  PEDIATRICS, THE AMERICAN ACADEMY OF FAMILY PHYSI-
 CIANS, THE AMERICAN COLLEGE  OF  OBSTETRICIANS  AND  GYNECOLOGISTS,  THE
 AMERICAN  COLLEGE  OF PHYSICIANS, THE ADVISORY COMMITTEE ON IMMUNIZATION
 PRACTICES, OR OTHER SIMILAR  NATIONALLY  OR  INTERNATIONALLY  RECOGNIZED
 SCIENTIFIC ORGANIZATIONS.
   §  3.  Subdivision  13  of  section 131 of the social services law, as
 added by chapter 61 of the laws of 1996, is amended to read as follows:
   13. Social services districts shall provide all applicants and recipi-
 ents of public assistance with children five years of age or  less  with
 information  and  a schedule regarding age-appropriate immunizations for
 children in accordance with the [recommendations of  the  department  of
 health  and  the immunization practices advisory committee of the United
 States department of health and human services]  REGULATIONS  ISSUED  BY
 THE  COMMISSIONER,  UTILIZING  GENERALLY  ACCEPTED MEDICAL STANDARDS AND
 BASED ON RECOMMENDATIONS OF THE  AMERICAN  ACADEMY  OF  PEDIATRICS,  THE
 AMERICAN ACADEMY OF FAMILY PHYSICIANS, THE AMERICAN COLLEGE OF OBSTETRI-
 CIANS  AND  GYNECOLOGISTS, THE AMERICAN COLLEGE OF PHYSICIANS, THE ADVI-
 S. 8853                             3
 SORY COMMITTEE ON IMMUNIZATION PRACTICES, OR OTHER SIMILAR NATIONALLY OR
 INTERNATIONALLY RECOGNIZED  SCIENTIFIC  ORGANIZATIONS.    The  telephone
 number  of  the  local county health department shall be included on the
 immunization schedule.
   § 4. This act shall take effect immediately.