S T A T E O F N E W Y O R K
________________________________________________________________________
8280--C
2021-2022 Regular Sessions
I N A S S E M B L Y
September 13, 2021
___________
Introduced by M. of A. McDONALD, LUPARDO, GALLAHAN, OTIS, GALEF, ABINAN-
TI, BUTTENSCHON, FAHY, B. MILLER, GOTTFRIED, ENGLEBRIGHT, SANTABAR-
BARA, KELLES -- Multi-Sponsored by -- M. of A. ANGELINO, J. M. GIGLIO
-- read once and referred to the Committee on Health -- recommitted to
the Committee on Health in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- again reported from said committee
with amendments, ordered reprinted as amended and recommitted to said
committee -- reported and referred to the Committee on Codes --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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:
Section 1. The public health law is amended by adding a new section
3005-c to read as follows:
§ 3005-C. VACCINATION BY EMERGENCY MEDICAL TECHNICIANS. 1. EMERGENCY
MEDICAL TECHNICIANS MAY, PURSUANT TO A NON-PATIENT SPECIFIC ORDER UNDER
SECTIONS SIXTY-NINE HUNDRED NINE AND SIXTY-FIVE HUNDRED TWENTY-SEVEN OF
THE EDUCATION LAW AND UNDER THE AUTHORITY OF AN EMERGENCY MEDICAL
SERVICES DIRECTOR WHILE OVERSEEN OR APPROVED BY THE DEPARTMENT OF HEALTH
OR LOCAL HEALTH DEPARTMENTS AND OPERATED UNDER THE MEDICAL SUPERVISION
OF LICENSED PHYSICIANS, LICENSED PHYSICIAN ASSISTANTS, OR CERTIFIED
NURSE PRACTITIONERS ADMINISTER IMMUNIZATIONS TO PREVENT INFLUENZA TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13126-07-2
A. 8280--C 2
PERSONS TWO YEARS OF AGE OR OLDER, AND ADMINISTER IMMUNIZATIONS TO
PREVENT COVID-19 TO PERSONS EIGHTEEN YEARS OF AGE OR OLDER, PROVIDED
THAT SUCH INDIVIDUALS FIRST RECEIVE TRAINING IN THE FOLLOWING AREAS, AS
DETERMINED BY THE COMMISSIONER AFTER CONSULTATION WITH THE COMMISSIONER
OF EDUCATION:
(A) TECHNIQUES, INDICATIONS, PRECAUTIONS, CONTRAINDICATIONS, INFECTION
CONTROL PRACTICES;
(B) USE OF PERSONAL PROTECTIVE EQUIPMENT SUFFICIENT TO PROVIDE THE
BASIC LEVEL OF COMPETENCE FOR SUCH TASKS; AND
(C) A CURRENT CERTIFICATE IN BASIC CARDIOPULMONARY RESUSCITATION,
WHICH AT A MINIMUM MUST INCLUDE A CERTIFICATION IN BASIC CARDIOPULMONARY
RESUSCITATION BY AN ONLINE PROGRAM THAT HAS RECEIVED ACCREDITATION FROM
THE AMERICAN NURSES CREDENTIALING CENTER, THE ACCREDITATION COUNCIL FOR
PHARMACY EDUCATION (ACPE), OR THE ACCREDITATION COUNCIL FOR CONTINUING
MEDICAL EDUCATION.
2. WHEN AN EMERGENCY MEDICAL TECHNICIAN ADMINISTERS AN IMMUNIZATION TO
PREVENT INFLUENZA OR COVID-19, THEY SHALL:
(A) REPORT SUCH ADMINISTRATION TO THE DEPARTMENT OF HEALTH EITHER
THROUGH THE STATEWIDE IMMUNIZATION INFORMATION SYSTEM OR THE CITYWIDE
IMMUNIZATION REGISTRY UNDER SECTION TWENTY-ONE HUNDRED SIXTY-EIGHT OF
THIS CHAPTER; AND
(B) PRIOR TO ADMINISTERING THE IMMUNIZATION, INFORM THE PATIENT OR,
WHERE APPLICABLE, THE PERSON LEGALLY RESPONSIBLE FOR THE PATIENT, ON THE
IMPORTANCE OF HAVING A PRIMARY HEALTH CARE PRACTITIONER.
§ 2. Subparagraph (ii) of paragraph (b) of subdivision 3 of section
2168 of the public health law, as amended by chapter 420 of the laws of
2014, is amended and a new subparagraph (iii) is added to read as
follows:
(ii) A registered professional nurse, or a pharmacist who administers
a vaccine pursuant to subdivision two of section sixty-eight hundred one
of the education law, OR AN EMERGENCY MEDICAL TECHNICIAN WHO ADMINISTERS
AN IMMUNIZATION TO PREVENT INFLUENZA OR COVID-19 UNDER SECTION THREE
THOUSAND FIVE-C OF THIS CHAPTER, to a person nineteen years of age or
older, shall report, with the consent of the vaccinee, all such immuni-
zations to the department in a format prescribed by the commissioner
within fourteen days of administration of such immunizations. Registered
professional nurses or pharmacists administering immunizations pursuant
to subdivision two of section sixty-eight hundred one of the education
law, to persons nineteen years of age or older in the city of New York
shall report, with the consent of the vaccinee, in a format prescribed
by the city of New York commissioner of health and mental hygiene, all
such immunizations to the citywide immunization registry.
(III) AN EMERGENCY MEDICAL TECHNICIAN WHO ADMINISTERS AN IMMUNIZATION
UNDER SECTION THREE THOUSAND FIVE-C OF THIS CHAPTER, TO A PERSON LESS
THAN NINETEEN YEARS OF AGE, SHALL REPORT ALL IMMUNIZATIONS TO THE
DEPARTMENT IN A FORMAT PRESCRIBED BY THE COMMISSIONER WITHIN FOURTEEN
DAYS OF ADMINISTRATION OF THE IMMUNIZATIONS. EMERGENCY MEDICAL TECHNI-
CIANS ADMINISTERING SUCH IMMUNIZATIONS TO PERSONS LESS THAN NINETEEN
YEARS OF AGE IN THE CITY OF NEW YORK SHALL REPORT, IN A FORMAT
PRESCRIBED BY THE CITY OF NEW YORK COMMISSIONER OF HEALTH AND MENTAL
HYGIENE, ALL IMMUNIZATIONS TO THE CITYWIDE IMMUNIZATION REGISTRY.
§ 3. Section 6527 of the education law is amended by adding a new
subdivision 7-b to read as follows:
7-B. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A NON-PATIENT
SPECIFIC ORDER TO AN EMERGENCY MEDICAL TECHNICIAN PURSUANT TO REGU-
A. 8280--C 3
LATIONS MADE BY THE COMMISSIONER, AND CONSISTENT WITH THE PUBLIC HEALTH
LAW, FOR:
(A) ADMINISTERING IMMUNIZATIONS TO PREVENT INFLUENZA TO PERSONS TWO
YEARS OF AGE OR OLDER; AND
(B) ADMINISTERING IMMUNIZATIONS TO PREVENT COVID-19 TO PERSONS EIGH-
TEEN YEARS OF AGE OR OLDER.
§ 4. Section 6909 of the education law is amended by adding a new
subdivision 11 to read as follows:
11. A CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND ORDER A NON-PA-
TIENT SPECIFIC ORDER TO AN EMERGENCY MEDICAL TECHNICIAN PURSUANT TO
REGULATIONS MADE BY THE COMMISSIONER, AND CONSISTENT WITH THE PUBLIC
HEALTH LAW, FOR:
(A) ADMINISTERING IMMUNIZATIONS TO PREVENT INFLUENZA TO PERSONS TWO
YEARS OF AGE OR OLDER; AND
(B) ADMINISTERING IMMUNIZATIONS TO PREVENT COVID-19 TO PERSONS EIGH-
TEEN YEARS OF AGE OR OLDER.
§ 5. This act shall take effect immediately and shall expire and be
deemed repealed June 1, 2024.