N.Y. PBH Law § 2805-H — New York Code / Act PBH / Article 28 / Section 2805-H
Immunizations
Status: in_force

§ 2805-h. Immunizations. 1. Immunizations against poliomyelitis,\nmumps, measles, diphtheria and rubella. (a) It shall be the duty of the\nadministrative officer or other person in charge of each hospital to\ninquire of each person in its care under the age of eighteen, or of a\nperson in parental relation to such person, whether all necessary\nimmunizations have been received for poliomyelitis, mumps, measles,\ndiphtheria and rubella and, if not, to make available such immunizations\nand a certificate or certificates of such immunizations.\n  (b) This subdivision shall not apply to children whose parent,\nparents, or guardian are bona fide members of a recognized religious\norganization whose teachings are contrary to the practices herein\nrequired.\n  (c) If any physician licensed to practice medicine in this state\ncertifies that such immunization may be detrimental to a child's health,\nthe requirements of this section shall be inapplicable until such\nimmunization is found no longer to be detrimental to the child's health.\n  2. Immunizations against influenza for certain persons fifty or older\nand immunizations against pneumococcal for certain persons sixty-five or\nolder. (a) Annually between September first and April first, it shall be\nthe duty of the administrative officer or other person in charge of each\ngeneral hospital to offer each admitted person age fifty or older\nvaccination against influenza virus. Such officer or person need not\noffer the vaccination to persons who have already received such vaccine\nor for whom it is otherwise inappropriate.\n  (b) It shall be the duty of the administrative officer or other person\nin charge of each general hospital to offer vaccination against\npneumococcal disease to each admitted person age sixty-five or older in\nthe hospital's care. Such officer or person need not offer the\nvaccination to people who have already received it, are not in need of a\nbooster, or for whom it is otherwise inappropriate.\n  (c) Each general hospital shall adopt an influenza and pneumococcal\nimmunization policy which shall include, but not be limited to, the\nfollowing: procedures for identifying persons age fifty or older for\ninfluenza, sixty-five or older for pneumococcal disease and at the\ndiscretion of the facility other individuals at risk; procedures for the\noffering of immunization against influenza virus upon admission or\ndischarge to persons age fifty or older, between September first and\nApril first, and pneumococcal disease upon admission or discharge to\npersons age sixty-five or older; procedures for ensuring that\nindividuals offered immunization or their guardian receive information\nregarding the risks and benefits of vaccination; a standing order policy\napproved by the medical director or other appropriate physician which\nshall include, but not be limited to, an assessment for\ncontra-indications; and a system for documenting vaccine administration,\nmedical contra-indications, patient refusals and any post-vaccination\nadverse events.\n  (d) The commissioner may waive the requirements of this subdivision\ndue to a shortage of influenza and/or pneumococcal vaccine.\n  3. Immunizations against influenza and Bordetella pertussis; neonatal\nintensive care units.\n  (a) It shall be the duty of each general hospital (i) with a neonatal\nintensive care unit to offer, annually between September first and April\nfirst, to every parent or person in parental relation who is reasonably\nanticipated to be a caregiver in the household of a newborn being\ntreated in the neonatal intensive care unit vaccination against\ninfluenza virus; and (ii) having a newborn nursery or providing\nobstetric services to offer to every parent, person in parental relation\nor other person who is reasonably anticipated to be a caregiver of a\nnewborn being treated in such hospital vaccination against Bordetella\npertussis (whooping cough). If the parent or person in parental relation\nwishes to be vaccinated, the hospital shall provide the person with the\nvaccination. If the parent or person in parental relation declines the\nhospital offer or wishes to defer vaccination, the hospital shall\nprovide information on where such person may be vaccinated. Such general\nhospital need not offer the vaccination to parents and persons in\nparental relation who have already received such vaccine or for whom it\nis medically inappropriate.\n  (b) Each general hospital shall adopt a policy for implementing this\nsubdivision, documenting the offer of vaccine administration.\n  (c) The commissioner may waive the requirements of this subdivision\ndue to a shortage of influenza vaccine.\n