STATE OF NEW YORK
________________________________________________________________________
4346
2025-2026 Regular Sessions
IN ASSEMBLY
February 4, 2025
___________
Introduced by M. of A. DINOWITZ, SEAWRIGHT, JACOBSON, LEVENBERG, GLICK,
SIMON, ZACCARO -- read once and referred to the Committee on Higher
Education
AN ACT to amend the education law, in relation to the administration of
certain immunizations by a pharmacist or a certified nurse practition-
er
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 7 of section 6527 of the education law, as
2 amended by chapter 555 of the laws of 2021, is amended to read as
3 follows:
4 7. A licensed physician may prescribe and order a patient specific
5 order or non-patient specific regimen to a licensed pharmacist, pursuant
6 to regulations promulgated by the commissioner, and consistent with the
7 public health law, for: (a) administering immunizations to prevent
8 influenza to patients two years of age or older; and (b) administering
9 immunizations to prevent pneumococcal, acute herpes zoster, hepatitis A,
10 hepatitis B, human papillomavirus, measles, mumps, mpox, rubella, vari-
11 cella, COVID-19, meningococcal, tetanus, diphtheria or pertussis disease
12 and medications required for emergency treatment of anaphylaxis to
13 patients eighteen years of age or older; and (c) administering other
14 immunizations recommended by the advisory committee on immunization
15 practices of the centers for disease control and prevention for patients
16 eighteen years of age or older if the commissioner of health in consul-
17 tation with the commissioner determines that an immunization: (i) (A)
18 may be safely administered by a licensed pharmacist within their lawful
19 scope of practice; and (B) is needed to prevent the transmission of a
20 reportable communicable disease that is prevalent in New York state; or
21 (ii) is a recommended immunization for such patients who: (A) meet age
22 requirements, (B) lack documentation of such immunization, (C) lack
23 evidence of past infection, or (D) have an additional risk factor or
24 another indication as recommended by the advisory committee on immuniza-
25 tion practices of the centers for disease control and prevention. Noth-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07146-01-5
A. 4346 2
1 ing in this subdivision shall authorize unlicensed persons to administer
2 immunizations, vaccines or other drugs.
3 § 2. Subparagraph 1 of paragraph a of subdivision 22 of section 6802
4 of the education law, as amended by chapter 802 of the laws of 2022, is
5 amended to read as follows:
6 (1) the direct application of an immunizing agent to adults, whether
7 by injection, ingestion, inhalation or any other means, pursuant to a
8 patient specific order or non-patient specific regimen prescribed or
9 ordered by a physician or certified nurse practitioner, for: immuniza-
10 tions to prevent influenza, pneumococcal, acute herpes zoster, hepatitis
11 A, hepatitis B, human papillomavirus, measles, mumps, mpox, rubella,
12 varicella, COVID-19, meningococcal, tetanus, diphtheria or pertussis
13 disease and medications required for emergency treatment of anaphylaxis;
14 and other immunizations recommended by the advisory committee on immuni-
15 zation practices of the centers for disease control and prevention for
16 patients eighteen years of age or older if the commissioner of health in
17 consultation with the commissioner determines that an immunization:
18 (i)(A) may be safely administered by a licensed pharmacist within their
19 lawful scope of practice; and (B) is needed to prevent the transmission
20 of a reportable communicable disease that is prevalent in New York
21 state; or (ii) is a recommended immunization for such patients who: (A)
22 meet age requirements, (B) lack documentation of such immunization, (C)
23 lack evidence of past infection, or (D) have an additional risk factor
24 or another indication as recommended by the advisory committee on immun-
25 ization practices of the centers for disease control and prevention. If
26 the commissioner of health determines that there is an outbreak of
27 disease, or that there is the imminent threat of an outbreak of disease,
28 then the commissioner of health may issue a non-patient specific regimen
29 applicable statewide.
30 § 3. Subdivision 7 of section 6909 of the education law, as amended by
31 chapter 555 of the laws of 2021, is amended to read as follows:
32 7. A certified nurse practitioner may prescribe and order a patient
33 specific order or non-patient specific regimen to a licensed pharmacist,
34 pursuant to regulations promulgated by the commissioner, and consistent
35 with the public health law, for: (a) administering immunizations to
36 prevent influenza to patients two years of age or older; and (b) admin-
37 istering immunizations to prevent pneumococcal, acute herpes zoster,
38 hepatitis A, hepatitis B, human papillomavirus, measles, mumps, mpox,
39 rubella, varicella, COVID-19, meningococcal, tetanus, diphtheria or
40 pertussis disease and medications required for emergency treatment of
41 anaphylaxis to patients eighteen years of age or older; and (c) adminis-
42 tering other immunizations recommended by the advisory committee on
43 immunization practices of the centers for disease control and prevention
44 for patients eighteen years of age or older if the commissioner of
45 health in consultation with the commissioner determines that an immuni-
46 zation: (i) (A) may be safely administered by a licensed pharmacist
47 within their lawful scope of practice; and (B) is needed to prevent the
48 transmission of a reportable communicable disease that is prevalent in
49 New York state; or (ii) is a recommended immunization for such patients
50 who: (A) meet age requirements, (B) lack documentation of such immuniza-
51 tion, (C) lack evidence of past infection, or (D) have an additional
52 risk factor or another indication as recommended by the advisory commit-
53 tee on immunization practices of the centers for disease control and
54 prevention. Nothing in this subdivision shall authorize unlicensed
55 persons to administer immunizations, vaccines or other drugs.
56 § 4. This act shall take effect immediately.
