2023 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.