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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9140
SPONSOR: Rosenthal TITLE OF BILL:
An act to amend the public health law, in relation to liability
protections for persons administering vaccinations
PURPOSE:
This legislation will extend existing liability protections to medical
providers should they administer vaccines in accordance with state or
local guidelines.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends section 2166 of the public health law.
Section two establishes the effective date.
JUSTIFICATION:
The federal government has long played a role in the development of
public health and vaccine recommendations to keep Americans safe. As
early as the Revolutionary War, leaders have weighed vaccine efficacy
against the threat of disease to make scientifically sound decisions.
In the 20th century, as several new vaccines were developed, the federal
government created new groups to ensure that vaccines were safe and
accessible, while also protecting those who administer the vaccines.
Now, United States Secretary of Health and Human Services (HHS), Robert
F. Kennedy Jr., is dismantling our public health infrastructure and
vaccine oversight systems, putting the American people at risk.
The Advisory Committee on Immunization Practices (ACIP) has long advised
the CDC director on vaccine recommendations. As long as vaccines are
administered in accordance with ACIP guidelines, vaccine providers have
been fully protected from liability, provided there was no willful
misconduct or gross negligence. However, given recent changes to vaccine
guidelines that limit access to certain vaccines, states have begun to
explore creating their own recommendations in line with evidence-backed
research. Providers who adhere to state or local guidelines when admin-
istering vaccines deserve the same liability protections as when they
administered vaccines recommended by ACIP. This legislation would ensure
the protection of healthcare providers from liability when administering
vaccines in accordance with state or local guidelines.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
9140
2025-2026 Regular Sessions
IN ASSEMBLY
October 17, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13820-01-5
A. 9140 2
1 3. Notwithstanding any other law, a person shall not be liable for any
2 injury caused by an act or omission in prescribing, dispensing, order-
3 ing, furnishing, or in the administration of a vaccine or other immuniz-
4 ing agent to a minor, including the residual effects of the vaccine or
5 immunizing agent, if the immunization is either required by state law,
6 administered in accordance with regulations promulgated by the commis-
7 sioner and the act or omission does not constitute willful misconduct or
8 gross negligence.
9 4. A person shall not be liable for any injury caused by an act or
10 omission in the administration of a vaccine or other immunizing agent to
11 a minor, including the residual effects of the vaccine or immunizing
12 agent, if the immunization is either required by state law, or given as
13 part of an outreach program, and the act or omission does not constitute
14 willful misconduct or gross negligence.
15 § 2. This act shall take effect immediately.
