NY Pub Health L § 2805-H (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 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  and  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  sixty-five  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  sixty-five  or  older and  at  the  discretion  of  the  facility  other  individuals at risk; procedures for the offering of  immunization  against  influenza  virus, 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.