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A09060 Summary:

BILL NOA09060
 
SAME ASSAME AS S08496
 
SPONSORPaulin
 
COSPNSR
 
MLTSPNSR
 
Amd §§6527, 6801, 6802 & 6909, Ed L
 
Expands the entities that may make recommendations for administering immunizations to include the immunization advisory council and the 21st century workgroup for disease elimination and reduction.
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A09060 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9060
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    September 5, 2025
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Higher Education
 
        AN ACT to amend the education law, in relation to entities authorized to
          make recommendations on the administration of immunizations
 
          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,  rubella,  varicella,
    11  COVID-19,  meningococcal,  tetanus,  diphtheria or pertussis disease and
    12  medications required for emergency treatment of anaphylaxis to  patients
    13  eighteen  years  of  age or older; and (c) administering other immuniza-
    14  tions recommended by the advisory committee on immunization practices of
    15  the centers for disease control and prevention, the  immunization  advi-
    16  sory  council established pursuant to chapter five hundred twenty-one of
    17  the laws of nineteen ninety-four, or  the  21st  century  workgroup  for
    18  disease  elimination  and  reduction established pursuant to section two
    19  hundred sixty-six-a of the public health law for patients eighteen years
    20  of age or older if the commissioner of health in consultation  with  the
    21  commissioner  determines  that  an  immunization:  (i) (A) may be safely
    22  administered by a licensed pharmacist within their lawful scope of prac-
    23  tice; and (B) is needed to prevent  the  transmission  of  a  reportable
    24  communicable  disease  that is prevalent in New York state; or (ii) is a
    25  recommended immunization for such patients who: (A)  meet  age  require-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13697-01-5

        A. 9060                             2
 
     1  ments, (B) lack documentation of such immunization, (C) lack evidence of
     2  past  infection,  or (D) have an additional risk factor or another indi-
     3  cation as recommended by the advisory committee  on  immunization  prac-
     4  tices  of  the centers for disease control and prevention, the immuniza-
     5  tion advisory council  established  pursuant  to  chapter  five  hundred
     6  twenty-one  of  the  laws  of  nineteen ninety-four, or the 21st century
     7  workgroup for disease elimination and reduction established pursuant  to
     8  section  two  hundred  sixty-six-a  of the public health law. Nothing in
     9  this subdivision shall authorize unlicensed persons to administer immun-
    10  izations, vaccines or other drugs.
    11    § 2. Paragraph (e) of subdivision 2 of section 6801 of  the  education
    12  law,  as  amended  by  section 1 of part DD of chapter 57 of the laws of
    13  2018, is amended to read as follows:
    14    (e) administer the immunization or immunizations according to the most
    15  current recommendations by the advisory committee for immunization prac-
    16  tices (ACIP), the immunization advisory council established pursuant  to
    17  chapter  five hundred twenty-one of the laws of nineteen ninety-four, or
    18  the 21st century workgroup for disease elimination and reduction  estab-
    19  lished  pursuant to section two hundred sixty-six-a of the public health
    20  law, provided however, that a pharmacist may administer any immunization
    21  authorized under this section  when  specified  by  a  patient  specific
    22  order.
    23    §  3.  Subparagraph 1 of paragraph a of subdivision 22 of section 6802
    24  of the education law, as amended by chapter 802 of the laws of 2022,  is
    25  amended to read as follows:
    26    (1)  the  direct application of an immunizing agent to adults, whether
    27  by injection, ingestion, inhalation or any other means,  pursuant  to  a
    28  patient  specific  order  or  non-patient specific regimen prescribed or
    29  ordered by a physician or certified nurse practitioner, for:   immuniza-
    30  tions to prevent influenza, pneumococcal, acute herpes zoster, hepatitis
    31  A,  hepatitis B, human papillomavirus, measles, mumps, rubella, varicel-
    32  la, COVID-19, meningococcal, tetanus, diphtheria  or  pertussis  disease
    33  and  medications  required  for  emergency treatment of anaphylaxis; and
    34  other immunizations recommended by the advisory committee  on  immuniza-
    35  tion  practices  of  the centers for disease control and prevention, the
    36  immunization advisory  council  established  pursuant  to  chapter  five
    37  hundred  twenty-one  of  the  laws  of nineteen ninety-four, or the 21st
    38  century workgroup for  disease  elimination  and  reduction  established
    39  pursuant to section two hundred sixty-six-a of the public health law for
    40  patients eighteen years of age or older if the commissioner of health in
    41  consultation  with  the  commissioner  determines  that an immunization:
    42  (i)(A) may be safely administered by a licensed pharmacist within  their
    43  lawful  scope of practice; and (B) is needed to prevent the transmission
    44  of a reportable communicable disease  that  is  prevalent  in  New  York
    45  state;  or (ii) is a recommended immunization for such patients who: (A)
    46  meet age requirements, (B) lack documentation of such immunization,  (C)
    47  lack  evidence  of past infection, or (D) have an additional risk factor
    48  or another indication as recommended by the advisory committee on immun-
    49  ization practices of the centers for disease control and prevention, the
    50  immunization advisory  council  established  pursuant  to  chapter  five
    51  hundred  twenty-one  of  the  laws  of nineteen ninety-four, or the 21st
    52  century workgroup for  disease  elimination  and  reduction  established
    53  pursuant to section two hundred sixty-six-a of the public health law. If
    54  the  commissioner  of  health  determines  that  there is an outbreak of
    55  disease, or that there is the imminent threat of an outbreak of disease,

        A. 9060                             3
 
     1  then the commissioner of health may issue a non-patient specific regimen
     2  applicable statewide.
     3    § 4. Subdivision 7 of section 6909 of the education law, as amended by
     4  chapter 555 of the laws of 2021, is amended to read as follows:
     5    7.  A  certified  nurse practitioner may prescribe and order a patient
     6  specific order or non-patient specific regimen to a licensed pharmacist,
     7  pursuant to regulations promulgated by the commissioner, and  consistent
     8  with  the  public  health  law,  for: (a) administering immunizations to
     9  prevent influenza to patients two years of age or older; and (b)  admin-
    10  istering  immunizations  to  prevent  pneumococcal, acute herpes zoster,
    11  hepatitis A, hepatitis B, human papillomavirus, measles, mumps, rubella,
    12  varicella, COVID-19, meningococcal,  tetanus,  diphtheria  or  pertussis
    13  disease  and medications required for emergency treatment of anaphylaxis
    14  to patients eighteen years of age or older; and (c) administering  other
    15  immunizations  recommended  by  the  advisory  committee on immunization
    16  practices of the centers for disease control and prevention, the immuni-
    17  zation advisory council established pursuant  to  chapter  five  hundred
    18  twenty-one  of  the  laws  of  nineteen ninety-four, or the 21st century
    19  workgroup for disease elimination and reduction established pursuant  to
    20  section  two  hundred sixty-six-a of the public health law, for patients
    21  eighteen years of age or older if the commissioner of health in  consul-
    22  tation  with  the  commissioner determines that an immunization: (i) (A)
    23  may be safely administered by a licensed pharmacist within their  lawful
    24  scope  of  practice;  and (B) is needed to prevent the transmission of a
    25  reportable communicable disease that is prevalent in New York state;  or
    26  (ii)  is  a recommended immunization for such patients who: (A) meet age
    27  requirements, (B) lack documentation  of  such  immunization,  (C)  lack
    28  evidence  of  past  infection,  or (D) have an additional risk factor or
    29  another indication as recommended by the advisory committee on immuniza-
    30  tion practices of the centers for disease control  and  prevention,  the
    31  immunization  advisory  council  established  pursuant  to  chapter five
    32  hundred twenty-one of the laws of  nineteen  ninety-four,  or  the  21st
    33  century  workgroup  for  disease  elimination  and reduction established
    34  pursuant to section two hundred sixty-six-a of the  public  health  law.
    35  Nothing in this subdivision shall authorize unlicensed persons to admin-
    36  ister immunizations, vaccines or other drugs.
    37    § 5. This act shall take effect immediately.
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