NY Pub Health L § 613 (2021)
2021 New York Laws PBH - Public Health Article 6 - State Aid to Cities and Counties Title 2 - State Aid for Additional Services 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.