§ 613 — State aid; immunization

§ 613. State aid; immunization. 1. (a) The commissioner shall develop\nand supervise the execution of a program of immunization, surveillance\nand testing, to raise to the highest reasonable level the immunity of\nthe children of the state against communicable diseases including, but\nnot limited to, influenza, poliomyelitis, measles, mumps, rubella,\nhaemophilus influenzae type b (Hib), diphtheria, pertussis, tetanus,\nvaricella, hepatitis B, pneumococcal disease, and the immunity of adults\nof the state against diseases identified by the commissioner, including\nbut not limited to influenza, smallpox, hepatitis and such other\ndiseases as the commissioner may designate through regulation.\nMunicipalities in the state shall maintain local programs of\nimmunization to raise the immunity of the children and adults of each\nmunicipality to the highest reasonable level, in accordance with an\napplication for state aid submitted by the municipality and approved by\nthe commissioner. Such programs shall include assurance of provision of\nvaccine, serological testing of individuals and educational efforts to\ninform health care providers and target populations or their parents, if\nthey are minors, of the facts relative to these diseases and\nimmunizations to prevent their occurrence.\n (b) In connection with efforts to raise the immunity of children\nagainst influenza, the commissioner shall administer a program of\ninfluenza education to the families of children ages six months to\neighteen years of age who attend licensed and registered day care\nprograms, nursery schools, pre-kindergarten, kindergarten, school age\nchild care programs, public schools or non-public schools. Such program\nshall include educational materials on influenza and the benefits of\ninfluenza immunizations to be made available on the department's website\nin anticipation of times of highest risk for contraction of influenza as\ndetermined by the commissioner. The office of children and family\nservices, the department of education, and the New York city department\nof health and mental hygiene shall, as part of their routine\nnotification processes, notify licensed and registered day care\nprograms, nursery schools, pre-kindergarten programs, kindergarten\nprograms, school age child care programs, public schools and non-public\nschools that the information regarding immunizations for influenza is\nfree and accessible on the department's website and such information\nshall be posted in such licensed and registered day care programs,\nnursery schools, pre-kindergartens, kindergartens, school age child care\nprograms, public schools and non-public schools in plain view in\nanticipation of such times of highest risk for contraction of influenza\nas determined by the commissioner.\n (c) The commissioner shall invite and encourage the active assistance\nand cooperation in such education activities of: the medical societies,\norganizations of other licensed health personnel, hospitals,\ncorporations subject to article forty-three of the insurance law, trade\nunions, trade associations, parents and teachers and their associations,\norganizations of child care resource and referral agencies, the media of\nmass communication, and such other voluntary groups and organizations of\ncitizens as he or she shall deem appropriate. The public health and\nhealth planning council, the department of education, the department of\nfamily assistance, and the department of mental hygiene shall provide\nthe commissioner with such assistance in carrying out the program as he\nor she shall request. All other state agencies shall also render such\nassistance as the commissioner may reasonably require for this program.\nNothing in this subdivision shall authorize mandatory immunization of\nadults or children, except as provided in sections twenty-one hundred\nsixty-four and twenty-one hundred sixty-five of this chapter.\n 2. The commissioner shall set such standards as he shall deem\nnecessary for the proper, safe, and efficient administration of the\nprogram. He shall direct an annual survey to determine the immunization\nlevel of children entering school, and shall conduct annually an audit\nof such survey and an audit of the immunization level of children\nattending school. State aid provided by this article shall be reduced by\nten percent, provided however that state aid for essential public health\nactivities shall not be reduced, unless a municipality has submitted, in\ncooperation with local school districts, a plan within ninety days after\nthe commissioner shall have certified to such municipality the results\nof his survey of the immunization level of children entering schools in\nsuch local school districts. Such plan shall be submitted for the next\nensuing school year and a subsequent plan shall be submitted annually\nthereafter for assuring that immunizing agents are administered to\npre-school children within a reasonable time prior to but, in any event,\nno later than their entrance into school, and to students generally, as\nrequired pursuant to section twenty-one hundred sixty-four of this\nchapter. Such plan shall include the manner in which immunization\nactivities are coordinated among the local health authority and the\nschool districts. Such reduction in state aid and the requirement that a\nmunicipality submit an immunization plan shall not be applicable to any\nmunicipality where ninety percent or more of its children entering\nschool are immunized. The determination of the percentage of\nimmunization shall be made by the commissioner based upon his audit of\nimmunization surveys.\n 3. The commissioner shall expend such funds as the legislature shall\nmake available for the purpose of adult and child immunization programs,\nincluding quality assurance and immunization education:\n (a) directly through the department;\n (b) by allocation to municipalities with qualifying programs for\nreimbursement in accordance with provisions of this section; or\n (c) by contract.\n 4. The commissioner shall expend such funds as the legislature shall\nmake available for the purchase of the vaccines described in subdivision\none of this section. Vaccines purchased with funds made available under\nthis section shall be made available without charge to licensed private\nphysicians, hospitals, clinics and such others as the commissioner shall\ndetermine, and no charge shall be made to any patient for such vaccines.\n