Will a NY Law Make the HPV Vaccine Mandatory for Daycare?

Why do some folks think that a proposed bill in New York will make the HPV vaccine mandatory for kids in daycare?

A NY law will not make the HPV vaccine mandatory for kids in daycare.
Kids in daycare will not need to get the HPV vaccine if S298 passes in New York.

Unfortunately, this time the misinformation isn’t just coming from the usual sources. Local news stations are getting in on the action too.

Will a NY Law Make the HPV Vaccine Mandatory for Daycare?

While Senate Bill S298A does “Provides for the immunization of all children born after January 1, 2008 against the human papillomavirus (HPV),” it doesn’t say anything about a mandate for kids in daycare.

“Section one amends the section heading and subdivisions 2; 3, 5, 6, 7, and 8 of section 2164 of the public health law, as amended by chapter 401 of the laws of 2015, by adding human papillomavirus (HPV) to the list of required immunizing agents, such as those against poliomyelitis, mumps and measles, to be administered to children in this state. Section one also adds the HPV vaccine to the list of vaccines for which a booster is required;”

Senate Bill S298A 2019-2020 Legislative Session

When would they get it?

“Every person in parental relation to a child in this state shall have administered to such child an adequate dose or doses of an immunizing agent against poliomyelitis, mumps, measles, diphtheria, rubella,varicella, HUMAN PAPILLOMAVIRUS (HPV), Haemophilus influenzae type b (Hib), pertussis, tetanus, pneumococcal disease, and hepatitis B, which meets the standards approved by the United States public health service for such biological products, and which is approved by the department under such conditions as may be specified by the public health council.”

Senate Bill S298A 2019-2020 Legislative Session

Like the other vaccines, they would almost certainly get it at the standard age, when they are 11 or 12 years old.

“Every person in parental relation to a child in this state born on or after January first, nineteen hundred ninety-four and entering sixth grade or a comparable age level special education program with an unassigned grade on or after September first, two thousand seven, shall have administered to such child a booster immunization containing diphtheria and tetanus toxoids, [and] an acellular pertussis vaccine, AND A HUMAN PAPILLOMAVIRUS (HPV) VACCINE, which meets the standards approved by the United States public health service for such biological products, and which is approved by the department under such conditions as may be specified by the public health council.”

Senate Bill S298A 2019-2020 Legislative Session

And they would get their second booster dose in the sixth grade.

So why do some folks think the bill includes a mandate for daycare?

“The term “school” means and includes any public, private or parochial child caring center, day nursery, day care agency, nursery school, kindergarten, elementary, intermediate or secondary school.”

Senate Bill S298A 2019-2020 Legislative Session

The term day care is used in the definitions list at the beginning of the bill…

“The term “child” shall mean and include any person between the ages of two months and eighteen years.”

Senate Bill S298A 2019-2020 Legislative Session

While that might be a little confusing, it really isn’t if you read the whole bill.

“This bill will leave to the department of health to determine the age at which children will be required to be vaccinated in light of ACIP recommendations.”

Senate Bill S298A 2019-2020 Legislative Session

After all, what are the ACIP recommendations?

“Routine vaccination at age 11 or 12 years has been recommended by the Advisory Committee on Immunization Practices (ACIP) since 2006 for females and since 2011 for males.”

Use of a 2-Dose Schedule for Human Papillomavirus Vaccination — Updated Recommendations of the Advisory Committee on Immunization Practices

Since there is nothing in the ACIP recommendations about kids in day care getting a dose of HPV vaccine, it should be very clear that S298A is not a mandate for day care, preschool, or kindergarten, etc.

It is a mandate for kids to get vaccinated and protected in middle school.

And New York, if this bill is enacted, would join Hawaii, Rhode Island, Virginia, and District of Columbia, which already have HPV vaccine school entry mandates.

More on HPV Vaccine School Entry Mandates

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