STATE OF NEW YORK ________________________________________________________________________ 8352 IN SENATE January 19, 2024 ___________ Introduced by Sen. MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, the mental hygiene law, the social services law, and the insurance law, in relation to allowing certain youth to give effective consent to medical, dental, health, and/or hospital services and immunizations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 2, 4, 5, and 6 of section 2504 of the public 2 health law, subdivision 2 as amended by chapter 119 of the laws of 2005, 3 subdivision 4 as amended by chapter 623 of the laws of 2019, subdivision 4 5 as added and subdivision 6 as renumbered by chapter 521 of the laws of 5 1994 and subdivision 6 as added by chapter 769 of the laws of 1972, are 6 amended and a new subdivision 8 is added to read as follows: 7 2. Any person who has been married or who has borne a child may give 8 effective consent for medical, dental, health and hospital services for 9 his [or], her, or their child. Any person who has been designated pursu- 10 ant to title fifteen-A of article five of the general obligations law as 11 a person in parental relation to a child may consent to any medical, 12 dental, health and hospital services for such child for which consent is 13 otherwise required [which are not: (a) major medical treatment as 14 defined in subdivision (a) of section 80.03 of the mental hygiene law; 15 (b) electroconvulsive therapy; or (c) the withdrawal or discontinuance 16 of medical treatment which is sustaining life functions]. 17 4. Medical, dental, health and hospital services may be rendered to 18 persons of any age without the consent of a parent, legal guardian or 19 person possessing a lawful order of custody when, in the [physician's] 20 practitioner's judgment, an emergency exists and the person is in imme- 21 diate need of medical attention and an attempt to secure consent would 22 result in delay of treatment which would increase the risk to the 23 person's life or health. 24 5. Where not otherwise already authorized by law to do so, any person 25 in a parental relation to a child as defined in section twenty-one 26 hundred sixty-four of this chapter and, (i) a grandparent, an adult EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10800-01-3
S. 8352 2 1 brother or sister, an adult aunt or uncle, any of whom has assumed care 2 of the child and, (ii) an adult who has care of the child and has writ- 3 ten authorization to consent from a person in a parental relation to a 4 child as defined in section twenty-one hundred sixty-four of this chap- 5 ter, may give effective consent for the immunization of a child. Howev- 6 er, a person other than one in a parental relation to the child shall 7 not give consent under this subdivision if [he or she has] they have 8 reason to believe that a person in parental relation to the child as 9 defined in section twenty-one hundred sixty-four of this chapter objects 10 to the immunization. However, a child who may give effective consent to 11 medical, dental, health, and hospital services pursuant to this section 12 may give such consent to their own immunization, and the consent of no 13 other person shall be necessary. 14 6. Anyone who acts in good faith based on the representation by a 15 person that [he is] they are eligible to consent pursuant to the terms 16 of this section shall be deemed to have received effective consent. 17 8. Any person, including a minor, who comprehends the need for, the 18 nature of, and the reasonably foreseeable risks and benefits involved in 19 any contemplated medical, dental, health, and/or hospital services, and 20 any alternatives thereto, may give effective consent to such services 21 for themself, and the consent of no other person shall be necessary. The 22 commissioner is authorized to promulgate rules and regulations necessary 23 to effectuate the provisions of this subdivision. 24 § 2. Subdivision (a) of section 9.13 of the mental hygiene law, as 25 amended by chapter 465 of the laws of 1992, is amended to read as 26 follows: 27 (a) The director of any hospital may receive as a voluntary patient 28 any suitable person in need of care and treatment, who voluntarily makes 29 written application therefor. If the person is under sixteen years of 30 age, the person may be received as a voluntary patient [only] on the 31 application of the parent, legal guardian, or next-of-kin of such 32 person[, or,]; subject to the terms of any court order or any instrument 33 executed pursuant to section three hundred eighty-four-a of the social 34 services law, a social services official or authorized agency with care 35 and custody of such person pursuant to section three hundred eighty- 36 four-a of the social services law, the director of the division for 37 youth, acting in accordance with section five hundred nine of the execu- 38 tive law, or a person or entity having custody of the person pursuant to 39 an order issued pursuant to section seven hundred fifty-six or one thou- 40 sand fifty-five of the family court act; or on such person's own appli- 41 cation, if they may give effective consent pursuant to section twenty- 42 five hundred four of the public health law. If the person is over 43 sixteen and under eighteen years of age, the director may, in [his] 44 their discretion, admit such person either as a voluntary patient on 45 [his] their own application or on the application of the person's 46 parent, legal guardian, next-of-kin, or, subject to the terms of any 47 court order or any instrument executed pursuant to section three hundred 48 eighty-four-a of the social services law, a social services official or 49 authorized agency with care and custody of such person pursuant to 50 section three hundred eighty-four-a of the social services law, the 51 director of the division for youth, acting in accordance with section 52 five hundred nine of the executive law, provided that such person know- 53 ingly and voluntarily consented to such application in accordance with 54 such section, or a person or entity having custody of the person pursu- 55 ant to an order issued pursuant to section seven hundred fifty-six or 56 one thousand fifty-five of the family court act.
S. 8352 3 1 § 3. Subdivision (b) and paragraphs 1 and 3 of subdivision (c) of 2 section 22.11 of the mental hygiene law, as added by chapter 558 of the 3 laws of 1999, are amended to read as follows: 4 (b) In treating a minor for chemical dependence on an inpatient, resi- 5 dential, or outpatient basis, the important role of the parents or guar- 6 dians shall be recognized. Steps shall be taken to involve the parents 7 or guardians in the course of treatment, and consent from such a person 8 for inpatient, residential, or outpatient treatment for minors shall be 9 required, except as otherwise provided by subdivision (c) of this 10 section or section twenty-five hundred four of the public health law. 11 1. If, in the judgment of a [physician] qualified health professional, 12 parental or guardian involvement and consent would have a detrimental 13 effect on the course of treatment of a minor who is voluntarily seeking 14 treatment for chemical dependence or if a parent or guardian refuses to 15 consent to such treatment and the [physician] qualified health profes- 16 sional believes that such treatment is necessary for the best interests 17 of the child, such treatment may be provided to the minor by a [licensed 18 physician] qualified health professional on an inpatient, residential or 19 outpatient basis, a staff [physician] health professional in a hospital, 20 or persons operating under their supervision, without the consent or 21 involvement of the parent or guardian. Such [physician] qualified health 22 professional shall fully document the reasons why the requirements of 23 subdivision (b) of this section were dispensed within the minor's 24 medical record[, provided, however, that for providers of services which 25 are not required to include physicians on staff, pursuant to regulations 26 promulgated by the commissioner, a qualified health professional, as 27 defined in such regulations, shall fulfill the role of a physician for 28 purposes of this paragraph]. 29 3. If the minor may give effective consent pursuant to section twen- 30 ty-five hundred four of the public health law, such treatment may be 31 provided to the minor by a qualified health professional on an inpa- 32 tient, residential or outpatient basis, a staff health professional in a 33 hospital, or persons operating under their supervision, without the 34 consent or involvement of the parent or guardian. 35 4. Admission and discharge for inpatient or residential treatment 36 shall be made in accordance with subdivision (d) of this section. 37 § 4. Subdivisions (a), (b), (c), and (e) of section 33.21 of the 38 mental hygiene law, subdivisions (a), (b), and (c) as amended and subdi- 39 vision (e) as added by chapter 461 of the laws of 1994, are amended to 40 read as follows: 41 (a) For the purposes of this section: 42 (1) "minor" shall mean a person under eighteen years of age, but shall 43 not include a person who is the parent of a child, emancipated, has 44 married or is on voluntary status on [his or her] their own application 45 pursuant to section 9.13 of this chapter; 46 (2) "mental health practitioner" shall mean a physician, a licensed 47 psychologist, or persons providing mental health services under the 48 supervision of a physician in a facility operated or licensed by the 49 office of mental health or providing outpatient mental health services; 50 (3) "outpatient mental health services" shall mean [those] mental 51 health services provided to a person that occur in a community location 52 and/or in an [outpatient program licensed] ambulatory care setting such 53 as a mental health center or [operated pursuant to the regulations of 54 the commissioner of mental health] substance use disorder clinic, hospi- 55 tal outpatient department, community health center, or practitioner's 56 office, or via telehealth, or at a person's home or school, including
S. 8352 4 1 psychotherapy and/or medication management, delivered in an individual, 2 family, or group setting; 3 (4) "reasonably available" shall mean a parent or guardian can be 4 contacted with diligent efforts by a mental health practitioner; and 5 (5) "capacity" shall mean the minor's ability to understand and appre- 6 ciate the nature and consequences of the proposed treatment, including 7 the benefits and risks of, and alternatives to, such proposed treatment, 8 and to reach an informed decision. 9 (b) In providing outpatient mental health services to a minor, [or 10 psychotropic medications to a minor residing in a hospital,] the impor- 11 tant role of the parents or guardians shall be recognized. As clinically 12 appropriate, steps shall be taken to actively involve the parents or 13 guardians, and the consent of such persons shall be required for such 14 treatment in non-emergency situations, except as provided in subdivi- 15 sions (c), (d) and (e) of this section or section two thousand five 16 hundred four of the public health law. 17 (c) A mental health practitioner may provide outpatient mental health 18 services[, other than those treatments and procedures for which consent 19 is specifically required by section 33.03 of this article,] to a minor 20 voluntarily seeking such services without parental or guardian consent 21 if the mental health practitioner determines that: 22 (1) the minor may give effective consent pursuant to section twenty- 23 five hundred four of the public health law; or 24 (2) (i) the minor is knowingly and voluntarily seeking such services; 25 and 26 [(2)] (ii) provision of such services is clinically indicated and 27 necessary to the minor's well-being; and 28 [(3) (i)] (iii) (A) a parent or guardian is not reasonably available; 29 or 30 [(ii)] (B) requiring parental or guardian consent or involvement would 31 have a detrimental effect on the course of outpatient treatment; or 32 [(iii)] (C) a parent or guardian has refused to give such consent and 33 a [physician] practitioner determines that treatment is necessary and in 34 the best interests of the minor. 35 The mental health practitioner shall fully document the reasons for 36 [his or her] their determinations. Such documentation shall be included 37 in the minor's clinical record, along with a written statement signed by 38 the minor indicating that [he or she is] they are voluntarily seeking 39 services. As clinically appropriate, notice of a determination made 40 pursuant to subparagraph (iii) of paragraph three of this subdivision 41 shall be provided to the parent or guardian. 42 (e) (1) Subject to the regulations of the commissioner of mental 43 health governing the patient's right to object to treatment, subdivision 44 (b) of this section and paragraph two of this subdivision, the consent 45 of a parent or guardian or the authorization of a court shall be 46 required for the non-emergency administration of psychotropic medica- 47 tions to a minor residing in a hospital unless the minor may give effec- 48 tive consent pursuant to section twenty-five hundred four of the public 49 health law. 50 (2) A minor [sixteen years of age or older] who consents may be admin- 51 istered psychotropic medications without the consent of a parent or 52 guardian or the authorization of a court where[: 53 (i) a parent or guardian is not reasonably available, provided the 54 treating physician determines that (A) the minor has capacity; and (B) 55 such medications are in the minor's best interests; or
S. 8352 5 1 (ii) requiring consent of a parent or guardian would have a detri- 2 mental effect on the minor, provided the treating physician and a second 3 physician who specializes in psychiatry and is not an employee of the 4 hospital determine that (A) such detrimental effect would occur; (B) the 5 minor has capacity; and (C) such medications are in the minor's best 6 interests; or 7 (iii) the parent or guardian has refused to give such consent, 8 provided the treating physician and a second physician who specializes 9 in psychiatry and is not an employee of the hospital determine that (A) 10 the minor has capacity; and (B) such medications are in the minor's best 11 interests. Notice of the decision to administer psychotropic medications 12 pursuant to this subparagraph shall be provided to the parent or guardi- 13 an] the minor may give effective consent pursuant to section twenty-five 14 hundred four of the public health law. 15 (3) The reasons for an exception authorized pursuant to paragraph two 16 of this subdivision shall be fully documented and such documentation 17 shall be included in the minor's clinical record. 18 § 5. Subdivisions 1, 2, and 3 of section 2305 of the public health 19 law, subdivisions 1 and 2 as amended by section 35 of part E of chapter 20 56 of the laws of 2013 and subdivision 3 as amended by chapter 878 of 21 the laws of 1980, are amended to read as follows: 22 1. No person, other than a [licensed physician, or, in a hospital, a 23 staff physician,] health care practitioner shall diagnose, treat or 24 prescribe for a person who is infected with a sexually transmitted 25 disease, or who has been exposed to infection with a sexually transmit- 26 ted disease, or dispense or sell a drug, medicine or remedy for the 27 treatment of such person except on prescription of a duly licensed 28 [physician] health care practitioner. 29 2. A [licensed physician, or in a hospital, a staff physician,] health 30 care practitioner may diagnose, treat or prescribe for a person under 31 the age of twenty-one years without the consent or knowledge of the 32 parents or guardian of said person, where such person is infected with a 33 sexually transmitted disease, [or] has been exposed to infection with a 34 sexually transmitted disease, or may give effective consent pursuant to 35 section twenty-five hundred four of this chapter. 36 3. For the purposes of this section[, the]: 37 (a) The term "hospital" shall mean a hospital as defined in article 38 twenty-eight of this chapter. 39 (b) The term "health care practitioner" shall mean a person licensed, 40 certified, or otherwise authorized to practice under title eight of the 41 education law, acting within their lawful scope of practice. 42 § 6. Subdivision 8 of section 372 of the social services law, as 43 amended by chapter 684 of the laws of 1996, is amended to read as 44 follows: 45 8. In any case where a child is to be placed with or discharged to a 46 relative or other person legally responsible pursuant to section ten 47 hundred seventeen or ten hundred fifty-five of the family court act, 48 such relative or other person shall be provided with such information by 49 an authorized agency as is provided to foster parents pursuant to this 50 section and applicable regulations of the department; provided, however, 51 that no information about any medical, dental, health, and/or hospital 52 service that a child has consented to themself shall be included without 53 the child's authorization. A child may consent to disclosure generally, 54 or only in an emergency, or may withhold consent all together. 55 § 7. Section 373-a of the social services law, as amended by chapter 56 305 of the laws of 2008, is amended to read as follows:
S. 8352 6 1 § 373-a. Medical histories. Notwithstanding any other provision of law 2 to the contrary, to the extent they are available, the medical histories 3 of a child legally freed for adoption or of a child to be placed in 4 foster care and of his or her birth parents, with information identify- 5 ing such birth parents eliminated, shall be provided by an authorized 6 agency to such child's prospective adoptive parent or foster parent and 7 upon request to the adoptive parent or foster parent when such child has 8 been adopted or placed in foster care; provided, however, that no infor- 9 mation about any medical, dental, health, and/or hospital service that a 10 child has consented to themself shall be included without the child's 11 authorization. A child may consent to disclosure generally, or only in 12 an emergency, or may withhold consent all together. To the extent they 13 are available, the medical histories of a child in foster care and of 14 his or her birth parents shall be provided by an authorized agency to 15 such child when discharged to his or her own care and upon request to 16 any adopted former foster child; provided, however, medical histories of 17 birth parents shall be provided to an adoptee with information identify- 18 ing such birth parents eliminated. Such medical histories shall include 19 all available information setting forth conditions or diseases believed 20 to be hereditary, any drugs or medication taken during pregnancy by the 21 child's birth mother and any other information, including any psycholog- 22 ical information in the case of a child legally freed for adoption or 23 when such child has been adopted, or in the case of a child to be placed 24 in foster care or placed in foster care which may be a factor influenc- 25 ing the child's present or future health. The department shall promul- 26 gate and may alter or amend regulations governing the release of medical 27 histories pursuant to this section. 28 § 8. The social services law is amended by adding a new section 373-b 29 to read as follows: 30 § 373-b. Reproductive and sexual health care services and information. 31 1. Each foster parent must be advised, in writing, by means of a letter 32 or brochure designed for such purpose, initially upon becoming a foster 33 parent to a child and annually thereafter, of the availability of 34 social, educational, and medical reproductive and sexual health care 35 services and information for such child. 36 2. A child-caring agency shall offer age- and developmentally-appro- 37 priate reproductive and sexual health care services and information to 38 all foster children who are or may be sexually active or who request 39 such services or information through such agency's caseworker contact 40 and as part of the comprehensive service plan for each child. Such an 41 offer may be made orally to the child and shall be made in writing, by 42 means of a letter or brochure designed for such purpose. If such a plan 43 is developed by a social services district, such district must continue 44 to monitor the child-caring agency's program implementation to assure 45 that the offer is being made in writing and that requested services are 46 provided within thirty days, and to require and collect reports and data 47 from such agency. 48 3. Services and information offered under this section must be 49 respectful and inclusive of all foster children regardless of actual or 50 perceived race, color, weight, national origin, ethnic group, religion, 51 religious practice, disability, sexual orientation, or gender, as 52 defined by section eleven of the education law. 53 § 9. Paragraph (c) of subdivision 1 of section 366 of the social 54 services is amended by adding a new subparagraph 11 to read as follows: 55 (11) A minor who is not otherwise eligible for medical assistance 56 under this section who consents to their own medical, dental, health,
S. 8352 7 1 and/or hospital services pursuant to section twenty-five hundred four of 2 the public health law is eligible for standard coverage only for the 3 specific services consented to by such minor; provided, however, that 4 this subparagraph only applies if such minor is unable to use another 5 source of health insurance to pay for the services consented to by such 6 minor. The commissioner of health shall promulgate rules and regu- 7 lations necessary to carry out the provisions of this subparagraph. 8 § 10. The first undesignated paragraph of section 17 of the public 9 health law, as amended by chapter 322 of the laws of 2017, is amended to 10 read as follows: 11 Upon the written request of any competent patient, parent or guardian 12 of an infant, a guardian appointed pursuant to article eighty-one of the 13 mental hygiene law, or conservator of a conservatee, an examining, 14 consulting or treating physician or hospital must release and deliver, 15 exclusive of personal notes of the said physician or hospital, copies of 16 all x-rays, medical records and test records including all laboratory 17 tests regarding that patient to any other designated physician or hospi- 18 tal; provided, however, that such records concerning the treatment of an 19 infant patient for venereal disease [or], the performance of an abortion 20 operation upon such infant patient, or any medical, dental, health, 21 and/or hospital services that such infant patient has consented to them- 22 self pursuant to section twenty-five hundred four of this chapter shall 23 not be released or in any manner be made available to the parent or 24 guardian of such infant[,]; provided, further, that any infant patient 25 who may give effective consent pursuant to section twenty-five hundred 26 four of this chapter may request release of their own records, and the 27 request of no other person shall be necessary; and provided, further, 28 that original mammograms, rather than copies thereof, shall be released 29 and delivered. Either the physician or hospital incurring the expense of 30 providing copies of x-rays, medical records and test records including 31 all laboratory tests pursuant to the provisions of this section may 32 impose a reasonable charge to be paid by the person requesting the 33 release and deliverance of such records as reimbursement for such 34 expenses, provided, however, that the physician or hospital may not 35 impose a charge for copying an original mammogram when the original has 36 been released or delivered to any competent patient, parent or guardian 37 of an infant, a guardian appointed pursuant to article eighty-one of the 38 mental hygiene law, or a conservator of a conservatee and provided, 39 further, that any charge for delivering an original mammogram pursuant 40 to this section shall not exceed the documented costs associated there- 41 with. However, the reasonable charge for paper copies shall not exceed 42 seventy-five cents per page. A release of records under this section 43 shall not be denied solely because of inability to pay. No charge may be 44 imposed under this section for providing, releasing, or delivering 45 medical records or copies of medical records where requested for the 46 purpose of supporting an application, claim or appeal for any government 47 benefit or program, provided that, where a provider maintains medical 48 records in electronic form, it shall provide the copy in either elec- 49 tronic or paper form, as required by the government benefit or program, 50 or at the patient's request. 51 § 11. Paragraph (c) of subdivision 3 of section 18 of the public 52 health law, as added by chapter 497 of the laws of 1986, is amended to 53 read as follows: 54 (c) A subject [over the age of twelve years may] shall be notified of 55 any request by a qualified person to review [his/her] their patient 56 information, and, if [the] such subject objects to disclosure, the
S. 8352 8 1 provider may deny the request. In the case of a facility, the treating 2 practitioner shall be consulted. A provider shall not disclose informa- 3 tion about any medical, dental, health, and/or hospital services that an 4 infant has consented to themself to such infant's parent or guardian 5 without such infant's authorization. An infant may consent to disclo- 6 sure to their parent or guardian generally, or only in an emergency, or 7 may withhold consent all together. An infant who may give effective 8 consent to medical, dental, health, and/or hospital services pursuant to 9 section twenty-five hundred four of this chapter may also give effective 10 consent to release their patient information to any person. 11 § 12. Paragraph 2 of subdivision (c) of section 33.16 of the mental 12 hygiene law, as added by chapter 498 of the laws of 1986, is amended to 13 read as follows: 14 2. A patient or client [over the age of twelve may] shall be notified 15 of any request by a qualified person to review [his/her] their record 16 and if [the] such patient or client objects to disclosure, the facility, 17 in consultation with the treating practitioner, may deny the request. A 18 facility, practitioner, or treating practitioner shall not disclose 19 clinical records pertaining to treatment that an infant patient or 20 client consented to themself to such infant's parent or guardian without 21 such infant's authorization. An infant patient or client may consent to 22 disclosure to their parent or guardian generally, or only in an emergen- 23 cy, or may withhold consent all together. An infant who may give effec- 24 tive consent to medical, dental, health, and/or hospital services pursu- 25 ant to section twenty-five hundred four of this chapter may also give 26 effective consent to release their clinical record to any person. 27 § 13. Section 3244 of the insurance law is amended by adding a new 28 subsection (f) to read as follows: 29 (f) (1) An insurer, including health maintenance organizations operat- 30 ing under article forty-four of the public health law or article forty- 31 three of this chapter, and any other corporation operating under article 32 forty-three of this chapter, shall take the following steps to protect 33 the confidentiality of an insured's, including a subscriber's or 34 enrollee's, medical information: 35 (A) Insurers shall permit an insured who consents to their own 36 medical, dental, health, and/or hospital services pursuant to section 37 twenty-five hundred four of the public health law to choose a method of 38 receiving explanation of benefit forms that contain information relating 39 to the receipt of the specific services consented to, which shall 40 include, but not be limited to, the following: sending the form to the 41 address of the subscriber; sending the form to the address of the 42 insured; sending the form to an alternate address designated by the 43 insured; or sending the form through electronic means when available. 44 When an insured has submitted a request for receiving explanation of 45 benefit forms under this section an insurer is thereby prohibited from 46 sending duplicative explanation of benefit forms to a non-specified 47 recipient or in a manner inconsistent with the request of such insured. 48 (B) Insurers shall not in any way identify the diagnosis or services 49 received in an explanation of benefits form or in any online portal that 50 allows subscribers to access claim information if such diagnosis or 51 services were consented to pursuant to section twenty-five hundred four 52 of the public health law. 53 (2) The department shall develop and make available a standardized 54 form for an insured to use to request confidential communications that 55 shall be accepted by all insurers.
S. 8352 9 1 (3) For the purposes of this section, an alternative communications 2 request as described in subparagraph (A) of paragraph one of this 3 subsection shall be implemented by an insurer within seven calendar days 4 of receipt of an electronic transmission or telephonic request or within 5 fourteen calendar days of receipt of such request by first-class mail. 6 An insurer shall acknowledge receipt of such alternative communications 7 request and advise the insured of the status of implementation of such 8 request if such insured contacts such insurer. 9 (4) An insurer shall not condition the enrollment or coverage on the 10 waiver of rights provided in this subsection. 11 (5) This subsection shall not be construed to limit acceptance by an 12 insurer of any other form of written request from an insured for confi- 13 dential communications from a carrier under paragraph (b) of section 14 164.522 of part 164 of title 45 of the code of federal regulations. 15 § 14. Paragraph (c) and subparagraph (vi) of paragraph (d) of subdivi- 16 sion 8 and subdivision 10 of section 2168 of the public health law, 17 paragraph (c) of subdivision 8 as amended by chapter 829 of the laws of 18 2022, subparagraph (vi) of paragraph (d) of subdivision 8 as amended by 19 chapter 532 of the laws of 2022 and subdivision 10 as amended by section 20 7 of part A of chapter 58 of the laws of 2009, are amended to read as 21 follows: 22 (c) health care providers and their designees, registered professional 23 nurses, and pharmacists authorized to administer immunizations pursuant 24 to subdivision two of section sixty-eight hundred one of the education 25 law shall have access to the statewide immunization information system 26 and the blood lead information in such system only for purposes of 27 submission of information about vaccinations received by a specific 28 registrant, determination of the immunization status of a specific 29 registrant, determination of the blood lead testing status of a specific 30 registrant, submission of the results from a blood lead analysis of a 31 sample obtained from a specific registrant in accordance with paragraph 32 (h) of subdivision two of this section, review of practice coverage, 33 generation of reminder notices, quality improvement and accountability, 34 including professional responsibility proceedings of the office of 35 professional medical conduct and the state education department, and 36 printing a copy of the immunization or lead testing record for the 37 registrant's medical record, for the registrant's parent or guardian, or 38 other person in parental or custodial relation to a child, or for a 39 registrant [upon reaching eighteen years of age]; provided, however, 40 that any immunization record printed for a registrant's parent, guardi- 41 an, or other person in a custodial relation to such registrant shall 42 exclude information about any immunization that such registrant has 43 consented to themself pursuant to section twenty-five hundred four of 44 this chapter. 45 (vi) commissioners of local social services districts with regard to a 46 child in [his/her] their legal custody; 47 10. The person to whom any immunization record relates, or [his or 48 her] their parent, or guardian, or other person in parental or custodial 49 relation to such person may request a copy of an immunization or lead 50 testing record from the registrant's healthcare provider, the statewide 51 immunization information system or the citywide immunization registry 52 according to procedures established by the commissioner or, in the case 53 of the citywide immunization registry, by the city of New York commis- 54 sioner of the department of health and mental hygiene; provided, howev- 55 er, that any immunization record provided to the person's parent or 56 guardian or other person in a parental or custodial relation to such
S. 8352 10 1 person shall exclude information about any immunization that such person 2 has consented to themself pursuant to section twenty-five hundred four 3 of this chapter. 4 § 15. This act shall take effect on the one hundred eightieth day 5 after it shall have become a law. Effective immediately, the addition, 6 amendment and/or repeal of any rule or regulation necessary for the 7 implementation of this act on its effective date are authorized to be 8 made and completed on or before such effective date.