2010 New York Code
PBH - Public Health
Article 28 - (2800 - 2822) HOSPITALS
2805-H - Immunizations.

§  2805-h.  Immunizations.  1.  Immunizations  against  poliomyelitis,
  mumps, measles, diphtheria and rubella. (a) It shall be the duty of  the
  administrative  officer  or  other  person in charge of each hospital to
  inquire of each person in its care under the age of eighteen,  or  of  a
  person  in  parental  relation  to  such  person,  whether all necessary
  immunizations have been  received  for  poliomyelitis,  mumps,  measles,
  diphtheria and rubella and, if not, to make available such immunizations
  and a certificate or certificates of such immunizations.
    (b)  This  subdivision  shall  not  apply  to  children  whose parent,
  parents, or guardian are bona fide members  of  a  recognized  religious
  organization  whose  teachings  are  contrary  to  the  practices herein
  required.
    (c) 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.
    2.  Immunizations  against  influenza  and  pneumococcal  for  certain
  persons  sixty-five  or  older. (a) Annually between September first and
  April first, it shall be the duty of the administrative officer or other
  person in charge of each general hospital to offer each admitted  person
  age  sixty-five  or  older  vaccination  against  influenza  virus. Such
  officer or person need not offer the vaccination  to  persons  who  have
  already received such vaccine or for whom it is otherwise inappropriate.
    (b) It shall be the duty of the administrative officer or other person
  in  charge  of  each  general  hospital  to  offer  vaccination  against
  pneumococcal disease to each admitted person age sixty-five or older  in
  the  hospital's  care.  Such  officer  or  person  need  not  offer  the
  vaccination to people who have already received it, are not in need of a
  booster, or for whom it is otherwise inappropriate.
    (c) Each general hospital shall adopt an  influenza  and  pneumococcal
  immunization  policy  which  shall  include,  but not be limited to, the
  following: procedures for identifying persons age  sixty-five  or  older
  and  at  the  discretion  of  the  facility  other  individuals at risk;
  procedures for the offering of  immunization  against  influenza  virus,
  between  September  first and April first, and pneumococcal disease upon
  admission or discharge to persons age sixty-five  or  older;  procedures
  for  ensuring  that  individuals  offered immunization or their guardian
  receive information regarding the risks and benefits of  vaccination;  a
  standing  order  policy  approved  by  the  medical  director  or  other
  appropriate physician which shall include, but not  be  limited  to,  an
  assessment  for contra-indications; and a system for documenting vaccine
  administration, medical contra-indications,  patient  refusals  and  any
  post-vaccination adverse events.
    (d)  The  commissioner  may waive the requirements of this subdivision
  due to a shortage of influenza and/or pneumococcal vaccine.
    3. Immunizations against influenza; neonatal intensive care units. (a)
  Annually between September first and April first, it shall be  the  duty
  of each general hospital with a neonatal intensive care unit to offer to
  every   parent   or  person  in  parental  relation  who  is  reasonably
  anticipated to be a caregiver  in  the  household  of  a  newborn  being
  treated   in  the  neonatal  intensive  care  unit  vaccination  against
  influenza virus. If the parent or person in parental relation wishes  to
  be   vaccinated,   the  hospital  shall  provide  the  person  with  the
  vaccination. If the parent or person in parental relation  declines  the
  hospital  offer  or  wishes  to  defer  vaccination,  the hospital shall
  provide information on where such person may be vaccinated. Such general
  hospital need not offer  the  vaccination  to  parents  and  persons  in

parental  relation who have already received such vaccine or for whom it
  is medically inappropriate.
    (b)  Each  general hospital shall adopt a policy for implementing this
  subdivision, documenting the offer of vaccine administration.
    (c) The commissioner may waive the requirements  of  this  subdivision
  due to a shortage of influenza vaccine.