Assembly Bill 6702 and Senate Bill 4779: Allows HPV Vaccine to be Given Without Parental Consent

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Last Updated: March 26, 2010
Assembly Bill 6702 and Senate Bill 4779: Allows HPV Vaccine to be Given Without Parental Consent
House Senate
Sponsors:
Representative Paulin. Cosponsored by Representatives Schimel, Gottfried, Dinowitz, Mayersohn, Jacobs, Hoyt, Jaffee, Alfano, and Rosenthal. Additional Sponsors, Representatives Boyland, Brook-Krasny, Gabryszak, Jeffries, Markey, Pheffer, Russell, Titone, and Wright
Sponsors:
Senators Krueger, Adams, and Parker
Summary:

Assembly Bill 6702 would amend the public health law in New York to permit all health care practitioners to provide certain services related to the prevention of sexually transmissible disease to children without the consent or knowledge of their parents or guardian. Under the bill, these health care practitioners could administer vaccines, such as the human papillomavirus (HPV) vaccine, to any person under the age of 18 without the parents even knowing about it.

New York law already allows a licensed physician or staff physician in a hospital to diagnose or treat—without the consent or knowlege of the parent or guardian—persons uner the age of 21 who are infected with or who have been exposed to a sexually transmissible disease. Assembly Bill 6702, however, would expand this to to all health care practitioners and for services, such as vaccines, that are deemed to "prevent" sexually transmissible diseases. The HPV vaccine is recommended for girls as young as 11 years old. It is not used to treat sexually transmitted disease, instead, it is strongly urged to be administered before a young person becomes active. Many concerned parents see this as encouraging sexual behavior in younger and younger children.

Summary:

Senate Bill 4779 would amend the public health law in New York to permit all health care practitioners to provide certain services related to the prevention of sexually transmissible disease to children without the consent or knowledge of their parents or guardian. Under the bill, these health care practitioners could administer vaccines, such as the human papillomavirus (HPV) vaccine, to any person under the age of 18 without the parents even knowing about it.

New York law already allows a licensed physician or staff physician in a hospital to diagnose or treat—without the consent or knowlege of the parent or guardian—persons uner the age of 21 who are infected with or who have been exposed to a sexually transmissible disease. Assembly Bill 6702, however, would expand this to to all health care practitioners and for services, such as vaccines, that are deemed to "prevent" sexually transmissible diseases. The HPV vaccine is recommended for girls as young as 11 years old. It is not used to treat sexually transmitted disease, instead, it is strongly urged to be administered before a young person becomes active. Many concerned parents see this as encouraging sexual behavior in younger and younger children.

Status:

03/11/2009 referred to health
04/28/2009 amend and recommit to health
04/28/2009 print number 6702a
05/19/2009 amend and recommit to health
05/19/2009 print number 6702b
05/27/2009 reported
05/28/2009 advanced to third reading cal.670
06/01/2009 amended on third reading 6702c
01/06/2010 referred to health
02/09/2010 died in committee

Status:

04/27/2009 Referred to Health
05/21/2009 Amend and recommit to Health
05/21/2009 Print number 4779A
05/26/2009 1st report cal.440
05/27/2009 2nd report cal.
06/01/2009 advanced to third reading
06/02/2009 amended on third reading 4779b
07/16/2009 committed to Rules
01/06/2010 referred to Health
01/20/2010 reported and committed to codes
02/09/2010 pulled at Sponsor's request

HSLDA's Position:

HSLDA is opposed to Assembly Bill 6702 because it allows health care practitioners to provide health care services to children without the knowledge and consent of their parents.

HSLDA's Position:

HSLDA is opposed to Senate Bill 4779 because it allows health care practitioners to provide health care services to children without the knowledge and consent of their parents.

Action Requested:
None at this time
Action Requested:
None at this time
Background:

This bill was introduced in the 2009 legislative session but because it didn't pass it was re-introduced this sesssion. A similar bill was introduced in 2008.

According to the memo attached with the bill "[t]he Legislature has recognized that it is critical to protecting the health of young people to allow them to seek treatment of sexually transmitted diseases without the consent of their parents or guardians because we know that teens often do not seek parental consent because a request for consent necessarily involves disclosing to parents that the teen has engaged in sexual activity." This memo goes on to state "Planned Parenthood and several community health centers testified at a Senate hearing two years ago that young women were coming into clinics and centers requesting the HPV vaccine. Yet even though teens may receive family planning counseling and birth control, terminate a pregnancy, and receive treatment for a sexually transmissible disease, in each case without the consent of a parent or guardian, those very teens cannot obtain the HPV vaccine without parental consent."

This bill is an outright attack on the rights of parents to determine what type of medical treatment their children should or should not receive, or are even ready for.

Background:

This bill was introduced in the 2009 legislative session but because it didn't pass it was re-introduced this sesssion. A similar bill was introduced in 2008.

According to the memo attached with the bill "[t]he Legislature has recognized that it is critical to protecting the health of young people to allow them to seek treatment of sexually transmitted diseases without the consent of their parents or guardians because we know that teens often do not seek parental consent because a request for consent necessarily involves disclosing to parents that the teen has engaged in sexual activity." This memo goes on to state "Planned Parenthood and several community health centers testified at a Senate hearing two years ago that young women were coming into clinics and centers requesting the HPV vaccine. Yet even though teens may receive family planning counseling and birth control, terminate a pregnancy, and receive treatment for a sexually transmissible disease, in each case without the consent of a parent or guardian, those very teens cannot obtain the HPV vaccine without parental consent."

This bill is an outright attack on the rights of parents to determine what type of medical treatment their children should or should not receive, or are even ready for.

 Other Resources

House Bill Text

House Bill History

 Other Resources

Senate Bill Text

Senate Bill History

E-lert of Senate Bill 4779