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A01092 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1092
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2023
                                       ___________
 
        Introduced  by  M. of A. McDONALD, LUPARDO, GALLAHAN, OTIS, BUTTENSCHON,
          FAHY, MILLER, SANTABARBARA, KELLES -- Multi-Sponsored by -- M.  of  A.
          ANGELINO,  J. M. GIGLIO  -- read once and referred to the Committee on
          Health
 
        AN ACT to amend the public health law, in relation to authorizing  emer-
          gency  medical  technicians to administer certain vaccines pursuant to
          non-patient specific orders and under the authority  of  an  emergency
          medical  services director; to amend the education law, in relation to
          authorizing physicians and certified nurse practitioners to  prescribe
          and order a non-patient specific order to an emergency medical techni-
          cian  to  administer certain vaccines; and providing for the repeal of
          such provisions upon the expiration thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  public health law is amended by adding a new section
     2  3005-c to read as follows:
     3    § 3005-c. Vaccination by emergency medical technicians.  1.  Emergency
     4  medical  technicians may, pursuant to a non-patient specific order under
     5  sections sixty-nine hundred nine and sixty-five hundred twenty-seven  of
     6  the  education  law  and  under  the  authority  of an emergency medical
     7  services director while overseen or approved by the department of health
     8  or local health departments and operated under the  medical  supervision
     9  of  licensed  physicians,  licensed  physician  assistants, or certified
    10  nurse practitioners administer immunizations  to  prevent  influenza  to
    11  persons  two  years  of  age  or  older, and administer immunizations to
    12  prevent COVID-19 to persons eighteen years of  age  or  older,  provided
    13  that  such individuals first receive training in the following areas, as
    14  determined by the commissioner after consultation with the  commissioner
    15  of education:
    16    (a) techniques, indications, precautions, contraindications, infection
    17  control practices;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02607-02-3

        A. 1092                             2
 
     1    (b)  use  of  personal  protective equipment sufficient to provide the
     2  basic level of competence for such tasks; and
     3    (c)  a  current  certificate  in  basic cardiopulmonary resuscitation,
     4  which at a minimum must include a certification in basic cardiopulmonary
     5  resuscitation by an online program that has received accreditation  from
     6  the  American Nurses Credentialing Center, the Accreditation Council for
     7  Pharmacy Education (ACPE), or the Accreditation Council  for  Continuing
     8  Medical Education.
     9    2. When an emergency medical technician administers an immunization to
    10  prevent influenza or COVID-19, they shall:
    11    (a)  report  such  administration  to  the department of health either
    12  through the statewide immunization information system  or  the  citywide
    13  immunization  registry  under  section twenty-one hundred sixty-eight of
    14  this chapter; and
    15    (b) prior to administering the immunization, inform  the  patient  or,
    16  where applicable, the person legally responsible for the patient, on the
    17  importance of having a primary health care practitioner.
    18    §  2.  Subparagraph  (ii) of paragraph (b) of subdivision 3 of section
    19  2168 of the public health law, as amended by chapter 420 of the laws  of
    20  2014,  is  amended  and  a  new  subparagraph  (iii) is added to read as
    21  follows:
    22    (ii) A registered professional nurse, or a pharmacist who  administers
    23  a vaccine pursuant to subdivision two of section sixty-eight hundred one
    24  of the education law, or an emergency medical technician who administers
    25  an  immunization  to  prevent  influenza or COVID-19 under section three
    26  thousand five-c of this chapter, to a person nineteen years  of  age  or
    27  older,  shall report, with the consent of the vaccinee, all such immuni-
    28  zations to the department in a format  prescribed  by  the  commissioner
    29  within fourteen days of administration of such immunizations. Registered
    30  professional  nurses or pharmacists administering immunizations pursuant
    31  to subdivision two of section sixty-eight hundred one of  the  education
    32  law,  to  persons nineteen years of age or older in the city of New York
    33  shall report, with the consent of the vaccinee, in a  format  prescribed
    34  by  the  city of New York commissioner of health and mental hygiene, all
    35  such immunizations to the citywide immunization registry.
    36    (iii) An emergency medical technician who administers an  immunization
    37  under  section  three  thousand five-c of this chapter, to a person less
    38  than nineteen years of  age,  shall  report  all  immunizations  to  the
    39  department  in  a  format prescribed by the commissioner within fourteen
    40  days of administration of the immunizations. Emergency  medical  techni-
    41  cians  administering  such  immunizations  to persons less than nineteen
    42  years of age in  the  city  of  New  York  shall  report,  in  a  format
    43  prescribed  by  the  city  of New York commissioner of health and mental
    44  hygiene, all immunizations to the citywide immunization registry.
    45    § 3. Section 6527 of the education law is  amended  by  adding  a  new
    46  subdivision 7-b to read as follows:
    47    7-b.  A  licensed  physician  may  prescribe  and  order a non-patient
    48  specific order to an emergency  medical  technician  pursuant  to  regu-
    49  lations  made by the commissioner, and consistent with the public health
    50  law, for:
    51    (a) administering immunizations to prevent influenza  to  persons  two
    52  years of age or older; and
    53    (b)  administering  immunizations to prevent COVID-19 to persons eigh-
    54  teen years of age or older.
    55    § 4. Section 6909 of the education law is  amended  by  adding  a  new
    56  subdivision 11 to read as follows:

        A. 1092                             3
 
     1    11.  A  certified nurse practitioner may prescribe and order a non-pa-
     2  tient specific order to an  emergency  medical  technician  pursuant  to
     3  regulations  made  by  the  commissioner, and consistent with the public
     4  health law, for:
     5    (a)  administering  immunizations  to prevent influenza to persons two
     6  years of age or older; and
     7    (b) administering immunizations to prevent COVID-19 to  persons  eigh-
     8  teen years of age or older.
     9    §  5.  This  act shall take effect immediately and shall expire and be
    10  deemed repealed June 1, 2025.
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