What's happening
This bill requires healthcare workers in close contact with infants under twelve months to receive the Tdap vaccine, with certain exemptions.
Why it matters
Aims to reduce the risk of transmitting pertussis ("whooping cough") and other serious diseases to highly vulnerable infants. by ensuring that healthcare workers who may have close contact with babies under one year are protected and less likely to be carriers.
Mandates that employers not only inform healthcare staff about the Tdap requirement but also provide or arrange vaccination if employees lack documentation,. which places responsibility on healthcare facilities to proactively manage immunization status and potentially improves overall compliance.
Allows for exemptions based on medical contraindication, religious beliefs, or informed refusal,. but requires unvaccinated workers to wear masks or be reassigned—balancing individual autonomy with the goal of protecting infant health.
Directs the state health commissioner to develop regulations and educational materials,. which may lead to standardized practices across healthcare settings and increased awareness about the importance of Tdap vaccination among professionals who care for infants.
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Who cares
Headline styles
Mandate Tdap Shots for Caregivers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5909
2019-2020 Regular Sessions
IN SENATE
May 16, 2019
Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to requiring healthcare workers practicing in close proximity to children less than twelve months of age to receive the tetanus, diphtheria, acellular pertussis (Tdap) vaccine
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The public health law is amended by adding a new section 2169 to read as follows:
§ 2169. Tdap immunization. 1. a. Except as provided in subdivision three of this section, every hospital and healthcare practice in this state treating children less than twelve months of age shall require all healthcare employees practicing in close proximity to children less than twelve months of age to be immunized against tetanus, diphtheria and acellular pertussis through administration of the Tdap vaccine in accordance with regulations of the commissioner.
b. Each such hospital and healthcare practice subject to the provisions of this section shall notify its healthcare employee of the immunization requirements of this section and request that each employee agree to be immunized against tetanus, diphtheria and acellular pertussis through administration of the Tdap vaccine.
2. Each hospital or healthcare practice subject to the provisions of this section shall require documentation of immunization against tetanus, diphtheria and acellular pertussis for each employee practicing in close proximity to children less than twelve months of age. Upon finding that an employee is lacking such immunization or is unable to provide documentation that he or she has received the appropriate immunization, the hospital or healthcare practice shall provide or arrange for immunization. An individual who is newly employed as an employee shall have his or her immunization status determined by the hospital or healthcare
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09901-04-9
S. 5909 2
practice, and if found to be deficient, the hospital or healthcare practice shall provide or arrange for the necessary immunization.
3. a. No individual shall be required to receive the Tdap vaccine if the vaccine is medically contraindicated, or if it is against his or her religious beliefs, or if he or she refuses the vaccine after being fully informed of the health risks of such action.
b. An individual who has not received the vaccine for any reason specified in paragraph a of this subdivision shall wear a mask when treating children less than twelve months of age or shall be assigned to a position where encountering children less than twelve months of age is unlikely.
4. For the purposes of this section:
a. "Documentation" means written evidence from an individual's healthcare provider indicating the date and place when the individual received the Tdap vaccine.
b. "Employee" means an individual employed (whether directly, by contract with another entity or as an independent contractor) by a hospital or healthcare practice, on a part-time or full-time basis.
c. "Medically contraindicated" means the Tdap vaccine should not be administered to an individual because it may be detrimental to the individual's health if the individual receives the vaccine.
5. a. The commissioner shall promulgate regulations relating to the immunization requirements of this section, taking into consideration the recommendations of the centers for disease control and prevention including, but not limited to, regulations authorizing the waiver of the requirements of this section for any healthcare worker whose blood testing reveals immunity to pertussis as evidenced by a sufficient antibody titer.
b. The commissioner shall make available educational and informational materials to all hospitals and healthcare practices in this state treating children less than twelve months of age with respect to vaccination against tetanus, diphtheria and acellular pertussis.
§ 2. This act shall take effect on the first of January next succeeding the date upon which it shall have become a law. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date.
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 healthcare workers practicing in close proximity to children less than twelve months of age to receive the tetanus, diphtheria, acel- lular pertussis (Tdap) vaccine
Purpose
To protect children that are less than twelve months of age by requiring healthcare workers who work or may be in close proximity of these chil- dren to receive Tdap vaccines, as well as enforce other requirements to individuals who are unable to get vaccinated for the protection of chil- dren.
Summary of provisions
Section 1 amends the public health law by adding a new section 2169 regarding the requirement of Tdap immunization among healthcare employ- ees.
Section 2 states the effective date.
Justification
The Tdap vaccine can protect us from very serious diseases such as teta- nus, dipheteria, and pertussis. Tetanus causes painful muscle tightening and stiffness all over the body'which can lead to the inability of open- ing your mouth, swallowing, or even breathing. Diphtheria causes a thick coating to form in the back of the throat and can lead to breath- ing problems, heart failure, paralysis, and death. Pertussis causes severe coughing spells which can cause difficulty breathing, vomiting, and disturbed sleep.
The Tdap vaccine can protect adolescents and adults from tetanus, diphtheria, and pertussis. Due to the fact that healthcare workers spend their entire professional lives in close contact with children at high- est risk for death and hospitalization from whooping cough, it is imper- ative for health care professionals and anyone having close contact with younger children to be vaccinated.
Legislative history
New bill.
Fiscal implications
None.
Effective date
This act shall take effect on the first of January next succeeding the date upon which it shall have become a law. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on this effective date are authorized to be made and completed on or before such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.