What's happening
This bill requires HPV immunization for students entering seventh grade in New York, expanding existing school vaccination requirements.
Why it matters
Aims to reduce rates of HPV-related cancers and diseases. By requiring HPV vaccination for seventh graders, the bill seeks to lower the incidence of several cancers (including cervical, throat, and anal cancers) and genital warts caused by the human papillomavirus, benefiting long-term public health.
Aligns school immunization requirements with CDC recommendations. The bill mandates that the type and timing of the HPV vaccine follow guidelines established by the Advisory Committee on Immunization Practices, ensuring students receive the most up-to-date and effective protection.
Seeks to increase vaccination equity and access. The legislation includes provisions for children whose families cannot afford private healthcare, allowing them to receive the vaccine at no charge from county health officers, thus promoting equitable access regardless of socioeconomic status.
Expands New York’s public health infrastructure. By adding HPV to the list of required school immunizations, the bill strengthens disease surveillance, reporting, and educational initiatives at both state and local levels, potentially improving overall vaccine compliance and awareness.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Require HPV Vaccines for Kids
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
- Print number 298b
- Amend and recommit to health
- Print number 298a
- Amend and recommit to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require HPV Shots for Kids
In Assembly Committee · Health · Sponsor Amy Paulin
Full text
5 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
298--B
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to requiring immunization against human papillomavirus (HPV)
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2164 of the public health law, as amended by chapter 401 of the laws of 2015, subdivisions 6 and 7 as amended by chapter 35 of the laws of 2019, is amended to read as follows:
§ 2164. Definitions; immunization against poliomyelitis, mumps, measles, diphtheria, rubella, varicella, Haemophilus influenzae type b (Hib), pertussis, tetanus, pneumococcal disease, meningococcal disease, [and] hepatitis B and human papillomavirus (HPV). 1. As used in this section, unless the context requires otherwise:
a. The term "school" means and includes any public, private or parochial child caring center, day nursery, day care agency, nursery school, kindergarten, elementary, intermediate or secondary school.
b. The term "child" shall mean and include any person between the ages of two months and eighteen years.
c. The term "person in parental relation to a child" shall mean and include his father or mother, by birth or adoption, his legally appointed guardian, or his custodian. A person shall be regarded as the custodian of a child if he has assumed the charge and care of the child because the parents or legally appointed guardian of the minor have died, are imprisoned, are mentally ill, or have been committed to an institution, or because they have abandoned or deserted such child or are living outside the state or their whereabouts are unknown, or have
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03954-09-9
S. 298--B 2
designated the person pursuant to title fifteen-A of article five of the general obligations law as a person in parental relation to the child.
d. The term "health practitioner" shall mean any person authorized by law to administer an immunization.
2. a. Every person in parental relation to a child in this state shall have administered to such child an adequate dose or doses of an immunizing agent against poliomyelitis, mumps, measles, diphtheria, rubella, varicella, Haemophilus influenzae type b (Hib), pertussis, tetanus, pneumococcal disease, and hepatitis B, which meets the standards approved by the United States public health service for such biological products, and which is approved by the department under such conditions as may be specified by the public health and health planning council.
b. Every person in parental relation to a child in this state born on or after January first, nineteen hundred ninety-four and entering sixth grade or a comparable age level special education program with an unassigned grade on or after September first, two thousand seven, shall have administered to such child a booster immunization containing diphtheria and tetanus toxoids, and an acellular pertussis vaccine, which meets the standards approved by the United States public health service for such biological products, and which is approved by the department under such conditions as may be specified by the public health and health planning council.
c. Every person in parental relation to a child in this state entering or having entered seventh grade and twelfth grade or a comparable age level special education program with an unassigned grade on or after September first, two thousand sixteen, shall have administered to such child an adequate dose or doses of immunizing agents against meningococcal disease as recommended by the advisory committee on immunization practices of the centers for disease control and prevention, which meets the standards approved by the United States public health service for such biological products, and which is approved by the department under such conditions as may be specified by the public health and health planning council.
d. Every person in parental relation to a child in this state entering or having entered seventh grade or a comparable age level special education program with an unassigned grade on or after September first, two thousand twenty-one, shall have administered to such child an adequate dose or doses of immunizing agents against human papillomavirus (HPV) as recommended by the advisory committee on immunization practices of the centers for disease control and prevention, which meets the standards approved by the United States public health service for such biological products, and which is approved by the department under such conditions as may be specified by the public health and health planning council.
3. The person in parental relation to any such child who has not previously received such immunization shall present the child to a health practitioner and request such health practitioner to administer the necessary immunization against poliomyelitis, mumps, measles, diphtheria, Haemophilus influenzae type b (Hib), rubella, varicella, pertussis, tetanus, pneumococcal disease, meningococcal disease, [and] hepatitis B and human papillomavirus (HPV) as provided in subdivision two of this section.
4. If any person in parental relation to such child is unable to pay for the services of a private health practitioner, such person shall present such child to the health officer of the county in which the child resides, who shall then administer the immunizing agent without charge.
S. 298--B 3
5. The health practitioner who administers such immunizing agent against poliomyelitis, mumps, measles, diphtheria, Haemophilus influenzae type b (Hib), rubella, varicella, pertussis, tetanus, pneumococcal disease, meningococcal disease, [and] hepatitis B and human papillomavirus (HPV) to any such child shall give a certificate of such immunization to the person in parental relation to such child.
6. In the event that a person in parental relation to a child makes application for admission of such child to a school or has a child attending school and there exists no certificate or other acceptable evidence of the child's immunization against poliomyelitis, mumps, measles, diphtheria, rubella, varicella, hepatitis B, pertussis, tetanus, and, where applicable, Haemophilus influenzae type b (Hib), meningococcal disease, [and] pneumococcal disease and human papillomavirus (HPV), the principal, teacher, owner or person in charge of the school shall inform such person of the necessity to have the child immunized, that such immunization may be administered by any health practitioner, or that the child may be immunized without charge by the health officer in the county where the child resides, if such person executes a consent therefor. In the event that such person does not wish to select a health practitioner to administer the immunization, he or she shall be provided with a form which shall give notice that as a prerequisite to processing the application for admission to, or for continued attendance at, the school such person shall state a valid reason for withholding consent or consent shall be given for immunization to be administered by a health officer in the public employ, or by a school physician or nurse. The form shall provide for the execution of a consent by such person and it shall also state that such person need not execute such consent if subdivision eight of this section applies to such child.
7. (a) No principal, teacher, owner or person in charge of a school shall permit any child to be admitted to such school, or to attend such school, in excess of fourteen days, without the certificate provided for in subdivision five of this section or some other acceptable evidence of the child's immunization against poliomyelitis, mumps, measles, diphtheria, rubella, varicella, hepatitis B, pertussis, tetanus, and, where applicable, Haemophilus influenzae type b (Hib), meningococcal disease, [and] pneumococcal disease and human papillomavirus (HPV); provided, however, such fourteen day period may be extended to not more than thirty days for an individual student by the appropriate principal, teacher, owner or other person in charge where such student is transferring from out-of-state or from another country and can show a good faith effort to get the necessary certification or other evidence of immunization or where the parent, guardian, or any other person in parental relationship to such child can demonstrate that a child has received at least the first dose in each immunization series required by this section and has age appropriate appointments scheduled to complete the immunization series according to the Advisory Committee on Immunization Practices Recommended Immunization Schedules for Persons Aged 0 through 18 Years.
(b) A parent, a guardian or any other person in parental relationship to a child denied school entrance or attendance may appeal by petition to the commissioner of education in accordance with the provisions of section three hundred ten of the education law.
8. 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.
S. 298--B 4
8-a. Whenever a child has been refused admission to, or continued attendance at, a school as provided for in subdivision seven of this section because there exists no certificate provided for in subdivision five of this section or other acceptable evidence of the child's immunization against poliomyelitis, mumps, measles, diphtheria, rubella, varicella, hepatitis B, pertussis, tetanus, and, where applicable, Haemophilus influenzae type b (Hib), meningococcal disease, [and] pneumococcal disease and human papillomavirus (HPV), the principal, teacher, owner or person in charge of the school shall:
a. forward a report of such exclusion and the name and address of such child to the local health authority and to the person in parental relation to the child together with a notification of the responsibility of such person under subdivision two of this section and a form of consent as prescribed by regulation of the commissioner, and
b. provide, with the cooperation of the appropriate local health authority, for a time and place at which an immunizing agent or agents shall be administered, as required by subdivision two of this section, to a child for whom a consent has been obtained. Upon failure of a local health authority to cooperate in arranging for a time and place at which an immunizing agent or agents shall be administered as required by subdivision two of this section, the commissioner shall arrange for such administration and may recover the cost thereof from the amount of state aid to which the local health authority would otherwise be entitled.
10. The commissioner may adopt and amend rules and regulations to effectuate the provisions and purposes of this section.
11. Every school shall annually provide the commissioner, on forms provided by the commissioner, a summary regarding compliance with the provisions of this section.
§ 2. Subdivision 7 of section 2164 of the public health law, as amended by chapter 401 of the laws of 2015, is amended to read as follows:
7. (a) No principal, teacher, owner or person in charge of a school shall permit any child to be admitted to such school, or to attend such school, in excess of fourteen days, without the certificate provided for in subdivision five of this section or some other acceptable evidence of the child's immunization against poliomyelitis, mumps, measles, diphtheria, rubella, varicella, hepatitis B, pertussis, tetanus, and, where applicable, Haemophilus influenzae type b (Hib), meningococcal disease, [and] pneumococcal disease and human papillomavirus (HPV); provided, however, such fourteen day period may be extended to not more than thirty days for an individual student by the appropriate principal, teacher, owner or other person in charge where such student is transferring from out-of-state or from another country and can show a good faith effort to get the necessary certification or other evidence of immunization.
(b) A parent, a guardian or any other person in parental relationship to a child denied school entrance or attendance may appeal by petition to the commissioner of education in accordance with the provisions of section three hundred ten of the education law.
§ 3. Paragraph (a) of subdivision 1 of section 613 of the public health law, as amended by section 24 of part E of chapter 56 of the laws of 2013, is amended to read as follows:
(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),
S. 298--B 5
diphtheria, pertussis, tetanus, varicella, hepatitis B, pneumococcal disease, human papillomavirus (HPV), 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to requiring immuni- zation against human papillomavirus (HPV)
Summary of specific provisions
Section one of this bill amends section 2164 of the Public Health Law to require persons in parental relation to children born on or after Janu- ary 1, 2009 who are entering or have entered seventh grade or a compara- ble age level special education program on or after September 1st, 2021 to have administered to such children an adequate dose or doses of immunizing agents against human papillomavirus (HPV).
Section two of this bill makes conforming changes to ensure that the changes that section one of this bill makes to subdivision 7 of section 2164 of the Public Health Law remain in effect after certain provisions of such subdivision are repealed in 2020.
Read the full memo (1,043 words)
Section three of this bill amends paragraph (a) of subdivision 1 of section 613 of the public health law by adding HPV to the list of commu- nicable diseases against which the commissioner of health shall develop and supervise the execution of a program of immunization, surveillance and testing in order to raise to the highest reasonable level the immu- nity of children in the state.
Section four provides the effective date, and specifies that the changes made by sections one and two of this bill only apply to children born on or after January 1, 2009.
Justification
Human papillomavirus (HPV) is an incredibly common sexually transmitted infection (STI) that can be passed even when an infected person is asymptomatic, and can cause genital warts or cancer. The Centers for Disease Control and Prevention (CDC) estimates that 79 million Americans are infected with HPV, most of whom are in their late teens and early twenties. The American Cancer Society (ACS) estimates that four out of five people will get HPV at some point in their lives.
According to the CDC, HPV causes nearly 35,000 new cases of cancer each year in the U.S. in both men and women (About 20,700 cases in women and 14,100 cases in men), on parts of the body including the cervix, vagina, vulva, penis, anus, rectum, and oropharynx.
The CDC also notes that in 2016 (the most recent year for which data is available), 12,984 new cases of cervical cancer were reported in the U.S., and approximately 4,188 women died of cervical cancer. In New York State, there were 824 cases of cervical cancer and 264 related deaths in 2016.
The World Health Organization (WHO) notes that cervical cancer is "the fourth most frequent cancer in women with an estimated 570,000 new cases in 2018 representing 6.6% of all female cancers."
According to the ACS, 99.7% of all cervical cancer cases are linked to HPV. The ACS estimates that at least 80% of sexually active women in the United States will have HPV by age 50, with most cases acquired soon after individuals have sex for the first time. While the majority of cases resolve on their own, for women whose body defenses are not suffi- cient to clear the virus, cervical cancer can develop later in life, as it can take up to 20 years for an HPV infection to cause cervical cancer.
In summation, HPV infection is widespread, and poses real dangers and health risks for both men and women. Thankfully, there is an immediate solution to this problem. The CDC estimates that routine vaccination could prevent 92% of cancers caused by HPV, saving thousands of lives. ACS, the WHO, and countless other public health experts concur that routine vaccination is one of our best defenses against HPV-caused cancers and infections.
The CDC's Advisory Committee on Immunization Practices (ACIP) recommends routine vaccination against HPV for both girls and boys 11-12 years of age, though the vaccine can be given to children as young as 9 years old in cases where such children have a history of sexual abuse or assault. This is because the vaccine is most effective when it is administered prior to its recipient becoming sexually active.
According to the CDC, each vaccine against HPV that the FDA has licensed for use went through "years of extensive safety testing" and was found to be safe and effective in clinical trials. More than a decade after the first HPV vaccine was approved for use, studies and meta-analyses of currently available data continue to show that the HPV vaccine is safe, and has resulted in compelling public health benefits and significantly decreased rates of HPV prevalence and new diagnoses.
In fact, a comprehensive study published by Australian public health officials in 2017 outlined the extensive benefits of prophylactic HPV vaccination programs and recommended that "all countries consider and promote national guidelines and programs to prevent HPV-related diseases." Australia was one of the first countries to implement a school-based HPV vaccination program, and has seen a drop of up to 86% in the prevalence of HPV infections among those receiving the vaccine.
This bill would require all children born on or after January 1, 2009 who are entering or have entered the seventh grade in New York State on or after September 1, 2021 to receive the HPV vaccine in order to attend school. School-based requirements are one of the most effective ways to ensure comprehensive immunization coverage in a society, and it is well within the purview of New York State government to act proactively in this matter to protect public health and prevent future cancer diag- noses. This approach also has precedent in the United States, as Virgi- nia, Rhode Island, and the District of Columbia currently require students to be vaccinated against HPV in order to attend school, and Hawaii will join them starting in the summer of 2020. Legislation to require this practice is also currently pending in at least seven other states.
Prior legislative history
2019: S.298-A (Hoylman) - Died in Health 2017-18: S.132 (Hoylman) - Died in Health 2015-16: S.509-A (Hoylman) - Died in Health 2014: S.7315 (Hoylman) - Died in Health
Fiscal implication
Minimal to the State, offset by future healthcare costs related to the treatment of cervical cancer and other cancers caused by HPV.
Effective date
This act shall take effect on September 1, 2021.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.