SENATE, No. 1532

 

STATE OF NEW JERSEY

 

INTRODUCED OCTOBER 3, 1996

 

 

By Senator LIPMAN

 

 

An Act concerning childhood immunizations, amending P.L.1986, c.134 and supplementing chapter 40 of Title 18A of the New Jersey Statutes.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. Section 1 of P.L.1986, c.134 (C.26:2N-1) is amended to read as follows:

    1. For the purposes of this act:

    a. "Commissioner" means the Commissioner of Health.

    b. "Department" means the [State] Department of Health.

    c. "Health care provider" means any licensed health care professional or public or private health care facility in this State that administers [pertussis] a vaccine.

    d. "Major adverse reaction" means collapse or shock, high pitched screaming, persistent crying for three or more hours, excessive somnolence (sleepiness), temperature of 105̊, convulsions with or without accompanying fever or severe alterations of consciousness or any serious illness, disability or impairment of mental, emotional, behavioral or physical functioning or development, the first manifestation of which appears within 30 days of the date of administration of [pertussis] a vaccine, and for which there is reasonable scientific or medical evidence that [pertussis] the vaccine causes or significantly contributes to the illness, disability or impairment; or any other reaction which the department determines, by regulation, is a basis for not administering [pertussis] the vaccine.

    e. ["Pertussis vaccine" means any vaccine containing a substance intended to prevent the occurrence of pertussis, which is administered separately or in conjunction with other substances intended to prevent the occurrence of other diseases] "Vaccine" means a vaccine which is administered to a child to immunize the child against one or more diseases as required by the Public Health Council pursuant to section 7 of P.L.1947, c.177 (C.26:1A-7), or administration of which may be recommended by the department.

(cf: P.L.1986, c.134, s.1)

 

    2. Section 2 of P.L.1986, c.134 (C.26:2N-2) is amended to read as follows:

    2. The commissioner shall prepare and make available to all health care providers in the State and parents and guardians[, upon request,]a pamphlet which explains the benefits and possible adverse reactions to child immunizations [for pertussis]. This pamphlet may contain any information which the commissioner deems necessary and may be revised by the department whenever new information concerning these immunizations becomes available. The pamphlet shall include the following information:

    a. A list of the immunizations required for admission to a public or private school in the State, and a summary of the exemptions from the immunization requirements which are permitted under section 4 of P.L.1986, c.134 (C.26:2N-4);

    b. Specific information regarding [the pertussis] a vaccine which includes:

    (1) [The] Information about the demonstrated efficacy of the vaccine in preventing the disease which it is intended to prevent, and the circumstances under which [pertussis] the vaccine should not be administered or should be delayed, including the categories of persons who are significantly more vulnerable to major adverse reactions than are members of the general population;

    (2) Possible adverse reactions to [pertussis] the vaccine and the early warning signs or symptoms that may be precursors to a major adverse reaction which, upon occurrence, should be brought to the immediate attention of the health care provider who administered the vaccine;

    (3) A form that the parent or guardian may use to monitor symptoms of a possible adverse reaction and which includes places where the parent or guardian can record information about the symptoms that will assist the health care provider; and

    (4) Measures that a parent or guardian should take to reduce the risk of, or to respond to, a major adverse reaction including identification of who should be notified of the reaction and when the notification should be made.

    The commissioner shall prepare the pamphlet in consultation with the Medical Society of New Jersey and the University of Medicine and Dentistry of New Jersey and shall adopt by regulation the information contained in the pamphlet, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

(cf: P.L.1986, c.134, s.2)

 

    3. Section 3 of P.L.1986, c.134 (C.26:2N-3) is amended to read as follows:

    3. Prior to administering a [pertussis] vaccine to a child in this State, a health care provider shall give the child's parent or guardian a copy of the pamphlet prepared pursuant to section 2 of this act and provide the parent or guardian with a reasonable opportunity to read, consider, and ask questions of the health care provider regarding the contents of the pamphlet. As used in this section, "reasonable opportunity" means a period of at least seven days between the date of receipt of the pamphlet by the parent or guardian and the date that the vaccine is administered to the child.

(cf: P.L.1986, c.134, s.3)

 

    4. Section 4 of P.L.1986, c.134 (C.26:2N-4) is amended to read as follows:

    4. A child shall not be required to receive a [pertussis] vaccine as a condition for admission to a public or private school if:

    a. the child's health care provider states in writing that the vaccine is medically contraindicated pursuant to subsection b. (1) of section 2 of this act and the reasons for the medical [contradictions] contraindications; or

    b. the child's parent or guardian states in writing that the administration of the vaccine conflicts with the religious tenets or practices of, or the philosophical principles adhered to, by the parent or guardian.

(cf: P.L.1986, c.134, s.4)

 

    5. Section 5 of P.L.1986, c.134 (C.26:2N-5) is amended to read as follows:

    5. a. Upon administering a [pertussis] vaccine to a child in this State, a health care provider shall record and retain as part of the child's permanent health record the date the vaccine was administered, the manufacturer, a lot number and any other available identifying information of the vaccine that was administered, and the name and title of the health care provider who administered the vaccine.

    b. The health care provider shall make the information concerning the vaccine available to the child's parent or guardian, upon request.

(cf: P.L.1986, c.134, s.5)

 

    6. Section 6 of P.L.1986, c.134 (C.26:2N-6) is amended to read as follows:

    6. a. If the health care provider has reason to believe that the recipient of the [pertussis] vaccine has had a major adverse reaction, the health care provider shall immediately record all relevant information in the child's permanent medical record and shall report the information, including the manufacturer and the lot number, to the department within seven days.

    b. Upon receipt of the information, the department shall immediately notify the manufacturer of the vaccine and the [Center] Centers for Disease Control and Prevention of the adverse reaction.

(cf: P.L.1988, c.128, s.1)

 

    7. (New section) A board of education shall include with any list of immunizations required for admission to school which the board publishes or distributes, a summary of the exemptions from the immunization requirements which are permitted under section 4 of P.L.1986, c.134 (C.26:2N-4).

 

    8. This act shall take effect on the 180th day after enactment.

 

 

STATEMENT

 

    This bill amends P.L.1986, c.134 (C.26:2N-1 et seq.), which establishes requirements governing the administration of pertussis (whooping cough) vaccine in New Jersey, to expand its provisions to cover other childhood immunizations required or recommended by the Department of Health, such as those for diphtheria, tetanus, measles, rubella, polio and mumps.

    The bill would require that the Commissioner of Health prepare and make available to all health care providers, parents and guardians a pamphlet which explains the benefits and possible adverse reactions to childhood immunizations and that at least seven days prior to the date scheduled for administering a vaccine to a child, a health care provider shall give the child's parent or guardian a copy of the pamphlet and provide the parent or guardian with an opportunity to read, consider and ask questions of the provider regarding the contents of the pamphlet. Currently, under section 2 of P.L.1986, c.134 (C.26:2N-2), the Department of Health prepares such a pamphlet only for pertussis, which is given to parents or guardians only upon their request, without a stipulated waiting period before the vaccine is administered to the child.

    The bill also permits a child to be exempted from an immunization required for admission to school if the child's parent or guardian states in writing that the administration of the vaccine conflicts with the religious tenets or practices of, or the philosophical principles adhered to, by the parent or guardian. Under current Department of Health regulations, exemptions are permitted only on medical or religious grounds.

    In addition, the bill requires that the pamphlet prepared by the Department of Health under section 2 of P.L.1986, c.134 (C.26:2N-2) contain a summary of the exemptions from the immunization requirements which would be permitted under this bill, and that each local board of education include a summary of these exemptions with any list of immunizations required for admission to school which the board publishes or distributes.

    This bill is intended to give parents and guardians additional information about the vaccines that are mandated for their children by the State, so that they can make informed choices while weighing the potential benefits and risks of immunization for the child.

 

 

 

Establishes certain requirements regarding childhood immunizations.