Provides liability protections for health care providers who issue vaccines so long as such vaccination does not arise out of willful misconduct or gross negligence.
STATE OF NEW YORK
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9604
IN SENATE
March 27, 2026
___________
Introduced by Sen. HINCHEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to liability
protections for persons administering vaccinations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2166 of the public health law, as added by chapter
2 573 of the laws of 1999, is amended to read as follows:
3 § 2166. Immunization; regulations; liability protection. 1. The
4 commissioner may promulgate regulations with respect to immunization
5 conducted by a home care services agency licensed pursuant to section
6 thirty-six hundred five of this chapter or certified pursuant to section
7 thirty-six hundred eight of this chapter, facilities or institutions
8 established under article twenty-eight of this chapter, and other health
9 care providers and practitioners, including, but not limited to, stand-
10 ards for the quality of care and services provided, consistent with the
11 education law.
12 2. No home care services agency licensed pursuant to section thirty-
13 six hundred five of this chapter or certified pursuant to section thir-
14 ty-six hundred eight of this chapter, facilities or institutions estab-
15 lished under article twenty-eight of this chapter, and other health care
16 providers and practitioners, including, but not limited to, standards
17 for the quality of care and services provided, consistent with the
18 education law shall be liable for any injury caused by an act or omis-
19 sion in the administration of the vaccine or other immunizing agent, if
20 the immunization is performed pursuant to this section in conformity
21 with applicable federal, state, or local governmental standards and the
22 act or omission does not constitute willful misconduct or gross negli-
23 gence. As used in this subdivision, "injury" includes the residual
24 effects of the vaccine or other immunizing agent.
25 3. Notwithstanding any other law, a person shall not be liable for any
26 injury caused by an act or omission in prescribing, dispensing, order-
27 ing, furnishing, or in the administration of a vaccine or other immuniz-
28 ing agent to a minor, including the residual effects of the vaccine or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13820-01-5
S. 9604 2
1 immunizing agent, if the immunization is either required by state law,
2 administered in accordance with regulations promulgated by the commis-
3 sioner and the act or omission does not constitute willful misconduct or
4 gross negligence.
5 4. A person shall not be liable for any injury caused by an act or
6 omission in the administration of a vaccine or other immunizing agent to
7 a minor, including the residual effects of the vaccine or immunizing
8 agent, if the immunization is either required by state law, or given as
9 part of an outreach program, and the act or omission does not constitute
10 willful misconduct or gross negligence.
11 § 2. This act shall take effect immediately.
