Requires vaccine tracking for immunizations given to adults 19+ with assumed consent unless person objects, current law requires consent for tracking

State: NY
Bill Number: A7154/S1531
Position: OPPOSE
Action Required: Contact Senate Health Committee Members, your Assembly Member, & Senator, ask to OPPOSE A7154/S1531
Status: A7154 is scheduled for 3rd Reading in Assembly on Monday 1/8/2024 | S1531 referred to Senate Health Committee on 1/3/2024

Legislation Details:

UPDATE: 1/3/2024 - A7154 is scheduled for a 3rd Reading in the Assembly on Monday, 1/8/2024. View the agenda HERE

UPDATE: 1/3/2024 - A7154 was carried over to 2024 and returned to the Assembly on 1/3/2024. 

UPDATE: 1/3/2024 - S1531 was carried over to 2024 referred to the Senate Health Committee on 1/3/2024. 

UPDATE: 6/1/2023 - A7154 was delivered to the Senate and referred to the Senate Health Committee on 6/1/2023. 

UPDATE: 6/1/2023 - A7154 passed the Assembly on 6/1/2023 by a vote of 92 Yea, 48 Nay

UPDATE: 5/29/2023 - A7154 is scheduled for a floor vote for the 3rd Reading in the Assembly on Wednesday, 5/31/2023. The agenda is here

UPDATE: 5/17/2023 - A7154 is eligible for floor vote in the Assembly.

UPDATE: 5/16/2023 - A7154 passed the Assembly Committee on Health on 5/16/2023 by a vote of 17 Ayes, 9 Nays. 

UPDATE: 5/12/2023 - A7154 is scheduled for an Assembly Committee on Health Meeting on Tuesday, 5/16/2023 at 10:30 AM in Room 823 LOB. View the agenda HERE.

A7154 was introduced and referred to Assembly Health Committee on 5/11/2023. It is sponsored by Assemblyman John McDonald III.

S1531 was introduced and referred to the Senate Health Committee on 1/12/2023. It is sponsored by Senator Brad Hoylman-Sigal.

These bills remove the current required OPT-IN informed consent for adult vaccine tracking and instead requires a health care provider who administers an immunization to a person nineteen years of age or older to report such information to the department of health or to a regional health information organization unless such person objects to such reporting. 

(b) (i) Any health care provider who administers any vaccine to a person nineteen years of age or older, [may] shall report [, with the consent of the vaccinee,] all such immunizations to the department in a format prescribed by the commissioner within fourteen days of administration of such immunizations.

The reporting by a (health care provider/registered professional nurse or a pharmacist) of administration of an immunization to a person nineteen years of age or older to a regional health information organization or other health information exchange shall satisfy the reporting requirements in this section if such data is provided by the regional  health information organization or health information exchange to the department or citywide immunization registry. 

However, no report shall be made under this paragraph if the person to whom the vaccine is administered, or a person authorized to consent to health care for the person, objects to the person who administered the vaccine, prior to the making of the report.

This act shall take effect on the ninetieth day after it shall have become a law.

NVIC is opposed to assumed consent opt-out vaccine tracking because it could facilitate discrimination, harassment and/or penalties based on vaccination status. Opt-in allows people to control where their private health information including vaccination records is stored or shared. 

https://assembly.state.ny.us/leg/?default_fld=%0D%0A&leg_video=&bn=A07154&term=2023&Summary=Y&Actions=Y&Text=Y - text, status, and history of A7154

https://www.nysenate.gov/legislation/bills/2023/s1531 - text, status, and history of S1531