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
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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:
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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.
