Removes parental rights for medical/vaccination decisions, allows minors to choose w/o parental knowledge or consent, requires insurance coverage

State: NY
Bill Number: A6761/S8352
Position: OPPOSE
Action Required: Contact Assembly Committee on Health Members, your Assembly Member, and Senator, ask to OPPOSE
Status: A6761 was referred to the Assembly Committee on Health on 1/3/2024 | S8352

Legislation Details:

UPDATE: 1/3/2024 - A6761 carried over and was referred to the Assembly Health Committee on 1/3/2024.

A6761 was introduced and referred to the Assembly Health Committee on 5/8/2023. It is sponsored by Assembly member Karines Reyes

S8352 was introduced and referred to the Senate Health Committee on 1/19/2024. It is sponsored by Senator Rachel May

A6761 and S8352 essentially remove parental rights for almost all medical and vaccination decisions by allowing minors to give consent to treatment and even invasive life altering interventions on their own, not only without the consent of their parents, but also without their knowledge.  Parents and guardians would be prohibited from having access to certain medical records, unless the child grants them access. A6761 and S8352 also require these procedures to be covered by insurance.

These bills are attempting to dissolve the role parents have over the care of their children. NVIC's typical analysis is confined to vaccine policy, but we know many of our members would be deeply troubled by the expansive threats to parental medical decision making rights this bill poses for all aspects of treatment and care, not just for vaccine decision making.  

Relating to minor consent to vaccination specifically, Section 1 subdivision 5, opens the area of statute that deals with consent to immunization and specifies which adults in the child's life can provide consent to vaccines. It includes new inserted language which says "However, a child who may give effective consent to medical, dental, health, and hospital services pursuant to this section may give such consent to their own immunization, and the consent of no other person shall be necessary."  This is referring to new language in subdivision 8 of the bill which adds very broad minor consent new language: 

" 8. Any person, including a minor, who comprehends the need for, the nature of, and the reasonably foreseeable risks and benefits involved in any contemplated medical, dental, health, and/or hospital services, and any alternatives thereto, may give effective consent to such services for themself, and the consent of no other person shall be necessary. The commissioner is authorized to promulgate rules and regulations necessary to effectuate the provisions of this subdivision."

There are many other areas of these bills which are deeply troubling.

If this bill passes, it shall take effect on the 180th day after becoming a law. 

https://assembly.state.ny.us/leg/?default_fld=&Summary=Y&Actions=Y&term=2023&bn=A6761 - text, status, and history of A6761 

https://www.nysenate.gov/legislation/bills/2023/S8352 - text, status, and history of S8352 


Minor consent included in bill
Section 1 subdivision 5 which opens the area of statute that deals with consent to immunization and explains what adults can give consent includes new inserted language which says "However, a child who may give effective consent to medical, dental, health, and hospital services pursuant to this section may give such consent to their own immunization, and the consent of no other person shall be necessary" and then subdivision 8 of the bill adds broad minor consent new language " 8. Any person, including a minor, who comprehends the need for, the nature of, and the reasonably foreseeable risks and benefits involved in any contemplated medical, dental, health, and/or hospital services, and any alternatives thereto, may give effective consent to such services for themself, and the consent of no other person shall be necessary. The commissioner is authorized to promulgate rules and regulations necessary to effectuate the provisions of this subdivision."
Minor consent included in bill
Section 1 subdivision 5 which opens the area of statute that deals with consent to immunization and explains what adults can give consent includes new inserted language which says "However, a child who may give effective consent to medical, dental, health, and hospital services pursuant to this section may give such consent to their own immunization, and the consent of no other person shall be necessary" and then subdivision 8 of the bill adds broad minor consent new language " 8. Any person, including a minor, who comprehends the need for, the nature of, and the reasonably foreseeable risks and benefits involved in any contemplated medical, dental, health, and/or hospital services, and any alternatives thereto, may give effective consent to such services for themself, and the consent of no other person shall be necessary. The commissioner is authorized to promulgate rules and regulations necessary to effectuate the provisions of this subdivision."