Amd §§6901, 6527 & 6909, add §6913, Ed L; amd §2168, Pub Health L
Authorizes certain nursing students to administer certain vaccines pursuant to patient specific orders or non-patient specific orders; authorizes physicians and certified nurse practitioners to prescribe and order a patient specific order or non-patient specific order to a nursing student to administer certain vaccines.
STATE OF NEW YORK
________________________________________________________________________
5706
2025-2026 Regular Sessions
IN SENATE
February 28, 2025
___________
Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
AN ACT to amend the education law and the public health law, in relation
to authorizing certain nursing students to administer certain vaccines
pursuant to patient specific orders or non-patient specific orders and
authorizing physicians and certified nurse practitioners to prescribe
and order a patient specific order or non-patient specific order to a
nursing student to administer certain vaccines
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 6901 of the education law is amended by adding a
2 new subdivision 4 to read as follows:
3 4. "Nursing student" shall mean any person either receiving an educa-
4 tion in nursing or who has completed an education in nursing within the
5 prior year, where completing such education in nursing may permit such
6 person to be granted licensure under this article in accordance with the
7 applicable commissioner's regulations.
8 § 2. The education law is amended by adding a new section 6913 to read
9 as follows:
10 § 6913. Vaccination by nursing students. 1. Any nursing student may,
11 pursuant to a patient specific order or a non-patient specific order
12 under sections sixty-nine hundred nine and sixty-five hundred twenty-
13 seven of this title while overseen or approved by the department of
14 health or local health departments and operated under the medical super-
15 vision of licensed physicians, licensed physician assistants, or certi-
16 fied nurse practitioners: (a) administering immunizations to prevent
17 influenza to patients two years of age or older; and (b) administering
18 immunizations to prevent pneumococcal, acute herpes zoster, hepatitis A,
19 hepatitis B, human papillomavirus, measles, mumps, rubella, varicella,
20 COVID-19, meningococcal, tetanus, diphtheria or pertussis disease and
21 medications required for emergency treatment of anaphylaxis to patients
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03012-01-5
S. 5706 2
1 eighteen years of age or older; and (c) administering other immuniza-
2 tions recommended by the advisory committee on immunization practices of
3 the centers for disease control and prevention for patients eighteen
4 years of age or older if the commissioner of health in consultation with
5 the commissioner determines that an immunization: (i) (A) may be safely
6 administered by a licensed pharmacist within their lawful scope of prac-
7 tice; and (B) is needed to prevent the transmission of a reportable
8 communicable disease that is prevalent in New York state; or (ii) is a
9 recommended immunization for such patients who: (A) meet age require-
10 ments, (B) lack documentation of such immunization, (C) lack evidence of
11 past infection, or (D) have an additional risk factor or another indi-
12 cation as recommended by the advisory committee on immunization prac-
13 tices of the centers for disease control and prevention.
14 2. Prior to administering immunizations, a nursing student shall
15 receive training in the following areas, as determined by the commis-
16 sioner of health after consultation with the commissioner:
17 (a) techniques, indications, precautions, contraindications, infection
18 control practices;
19 (b) use of personal protective equipment sufficient to provide the
20 basic level of competence for such tasks; and
21 (c) a current certificate in basic cardiopulmonary resuscitation,
22 which at a minimum must include a certification in basic cardiopulmonary
23 resuscitation by an online program that has received accreditation from
24 the American Nurses Credentialing Center, the Accreditation Council for
25 Pharmacy Education (ACPE), or the Accreditation Council for Continuing
26 Medical Education.
27 3. When a nursing student administers an immunization, they shall:
28 (a) report such administration to the department of health either
29 through the statewide immunization information system or the citywide
30 immunization registry under section twenty-one hundred sixty-eight of
31 the public health law; and
32 (b) prior to administering the immunization, inform the patient or,
33 where applicable, the person legally responsible for the patient, on the
34 importance of having a primary health care practitioner.
35 § 3. Paragraph (b) of subdivision 3 of section 2168 of the public
36 health law is amended by adding a new subparagraph (iii) to read as
37 follows:
38 (iii) A nursing student, as defined in section sixty-nine hundred one
39 of the education law, who administers a vaccine pursuant to section
40 sixty-nine hundred thirteen of the education law to a person nineteen
41 years of age or older shall, with the consent of the vaccinee, report
42 all such immunizations to the department in a format prescribed by the
43 commissioner within fourteen days of administration of such immuniza-
44 tions. A nursing student, as defined in section sixty-nine hundred one
45 of the education law, who administers a vaccine pursuant to section
46 sixty-nine hundred thirteen of the education law to a person nineteen
47 years of age or older in the city of New York shall, with the consent of
48 the vaccinee, report in a format prescribed by the city of New York
49 commissioner of health and mental hygiene, all such immunizations to the
50 citywide immunization registry.
51 § 4. Section 6527 of the education law is amended by adding a new
52 subdivision 7-b to read as follows:
53 7-b. A licensed physician may prescribe and order a patient specific
54 order or a non-patient specific order to a nursing student, as defined
55 in section sixty-nine hundred one of this title, pursuant to regulations
56 made by the commissioner, and consistent with the public health law,
S. 5706 3
1 for: (a) administering immunizations to prevent influenza to patients
2 two years of age or older; and (b) administering immunizations to
3 prevent pneumococcal, acute herpes zoster, hepatitis A, hepatitis B,
4 human papillomavirus, measles, mumps, rubella, varicella, COVID-19,
5 meningococcal, tetanus, diphtheria or pertussis disease and medications
6 required for emergency treatment of anaphylaxis to patients eighteen
7 years of age or older; and (c) administering other immunizations recom-
8 mended by the advisory committee on immunization practices of the
9 centers for disease control and prevention for patients eighteen years
10 of age or older if the commissioner of health in consultation with the
11 commissioner determines that an immunization: (i) (A) may be safely
12 administered by a licensed pharmacist within their lawful scope of prac-
13 tice; and (B) is needed to prevent the transmission of a reportable
14 communicable disease that is prevalent in New York state; or (ii) is a
15 recommended immunization for such patients who: (A) meet age require-
16 ments, (B) lack documentation of such immunization, (C) lack evidence of
17 past infection, or (D) have an additional risk factor or another indi-
18 cation as recommended by the advisory committee on immunization prac-
19 tices of the centers for disease control and prevention.
20 § 5. Section 6909 of the education law is amended by adding a new
21 subdivision 7-a to read as follows:
22 7-a. A certified nurse practitioner may prescribe and order a patient
23 specific order or a non-patient specific order to a nursing student
24 pursuant to regulations made by the commissioner, and consistent with
25 the public health law, for: (a) administering immunizations to prevent
26 influenza to patients two years of age or older; and (b) administering
27 immunizations to prevent pneumococcal, acute herpes zoster, hepatitis A,
28 hepatitis B, human papillomavirus, measles, mumps, rubella, varicella,
29 COVID-19, meningococcal, tetanus, diphtheria or pertussis disease and
30 medications required for emergency treatment of anaphylaxis to patients
31 eighteen years of age or older; and (c) administering other immuniza-
32 tions recommended by the advisory committee on immunization practices of
33 the centers for disease control and prevention for patients eighteen
34 years of age or older if the commissioner of health in consultation with
35 the commissioner determines that an immunization: (i) (A) may be safely
36 administered by a licensed pharmacist within their lawful scope of prac-
37 tice; and (B) is needed to prevent the transmission of a reportable
38 communicable disease that is prevalent in New York state; or (ii) is a
39 recommended immunization for such patients who: (A) meet age require-
40 ments, (B) lack documentation of such immunization, (C) lack evidence of
41 past infection, or (D) have an additional risk factor or another indi-
42 cation as recommended by the advisory committee on immunization prac-
43 tices of the centers for disease control and prevention.
44 § 6. This act shall take effect immediately.
