S T A T E O F N E W Y O R K
________________________________________________________________________
4346
2025-2026 Regular Sessions
I N A S S E M B L Y
February 4, 2025
___________
Introduced by M. of A. DINOWITZ, SEAWRIGHT, JACOBSON, LEVENBERG, GLICK,
SIMON, ZACCARO -- read once and referred to the Committee on Higher
Education
AN ACT to amend the education law, in relation to the administration of
certain immunizations by a pharmacist or a certified nurse practition-
er
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 7 of section 6527 of the education law, as
amended by chapter 555 of the laws of 2021, is amended to read as
follows:
7. A licensed physician may prescribe and order a patient specific
order or non-patient specific regimen to a licensed pharmacist, pursuant
to regulations promulgated by the commissioner, and consistent with the
public health law, for: (a) administering immunizations to prevent
influenza to patients two years of age or older; and (b) administering
immunizations to prevent pneumococcal, acute herpes zoster, hepatitis A,
hepatitis B, human papillomavirus, measles, mumps, MPOX, rubella, vari-
cella, COVID-19, meningococcal, tetanus, diphtheria or pertussis disease
and medications required for emergency treatment of anaphylaxis to
patients eighteen years of age or older; and (c) administering other
immunizations recommended by the advisory committee on immunization
practices of the centers for disease control and prevention for patients
eighteen years of age or older if the commissioner of health in consul-
tation with the commissioner determines that an immunization: (i) (A)
may be safely administered by a licensed pharmacist within their lawful
scope of practice; and (B) is needed to prevent the transmission of a
reportable communicable disease that is prevalent in New York state; or
(ii) is a recommended immunization for such patients who: (A) meet age
requirements, (B) lack documentation of such immunization, (C) lack
evidence of past infection, or (D) have an additional risk factor or
another indication as recommended by the advisory committee on immuniza-
tion practices of the centers for disease control and prevention. Noth-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07146-01-5
A. 4346 2
ing in this subdivision shall authorize unlicensed persons to administer
immunizations, vaccines or other drugs.
§ 2. Subparagraph 1 of paragraph a of subdivision 22 of section 6802
of the education law, as amended by chapter 802 of the laws of 2022, is
amended to read as follows:
(1) the direct application of an immunizing agent to adults, whether
by injection, ingestion, inhalation or any other means, pursuant to a
patient specific order or non-patient specific regimen prescribed or
ordered by a physician or certified nurse practitioner, for: immuniza-
tions to prevent influenza, pneumococcal, acute herpes zoster, hepatitis
A, hepatitis B, human papillomavirus, measles, mumps, MPOX, rubella,
varicella, COVID-19, meningococcal, tetanus, diphtheria or pertussis
disease and medications required for emergency treatment of anaphylaxis;
and other immunizations recommended by the advisory committee on immuni-
zation practices of the centers for disease control and prevention for
patients eighteen years of age or older if the commissioner of health in
consultation with the commissioner determines that an immunization:
(i)(A) may be safely administered by a licensed pharmacist within their
lawful scope of practice; and (B) is needed to prevent the transmission
of a reportable communicable disease that is prevalent in New York
state; or (ii) is a recommended immunization for such patients who: (A)
meet age requirements, (B) lack documentation of such immunization, (C)
lack evidence of past infection, or (D) have an additional risk factor
or another indication as recommended by the advisory committee on immun-
ization practices of the centers for disease control and prevention. If
the commissioner of health determines that there is an outbreak of
disease, or that there is the imminent threat of an outbreak of disease,
then the commissioner of health may issue a non-patient specific regimen
applicable statewide.
§ 3. Subdivision 7 of section 6909 of the education law, as amended by
chapter 555 of the laws of 2021, is amended to read as follows:
7. A certified nurse practitioner may prescribe and order a patient
specific order or non-patient specific regimen to a licensed pharmacist,
pursuant to regulations promulgated by the commissioner, and consistent
with the public health law, for: (a) administering immunizations to
prevent influenza to patients two years of age or older; and (b) admin-
istering immunizations to prevent pneumococcal, acute herpes zoster,
hepatitis A, hepatitis B, human papillomavirus, measles, mumps, MPOX,
rubella, varicella, COVID-19, meningococcal, tetanus, diphtheria or
pertussis disease and medications required for emergency treatment of
anaphylaxis to patients eighteen years of age or older; and (c) adminis-
tering other immunizations recommended by the advisory committee on
immunization practices of the centers for disease control and prevention
for patients eighteen years of age or older if the commissioner of
health in consultation with the commissioner determines that an immuni-
zation: (i) (A) may be safely administered by a licensed pharmacist
within their lawful scope of practice; and (B) is needed to prevent the
transmission of a reportable communicable disease that is prevalent in
New York state; or (ii) is a recommended immunization for such patients
who: (A) meet age requirements, (B) lack documentation of such immuniza-
tion, (C) lack evidence of past infection, or (D) have an additional
risk factor or another indication as recommended by the advisory commit-
tee on immunization practices of the centers for disease control and
prevention. Nothing in this subdivision shall authorize unlicensed
persons to administer immunizations, vaccines or other drugs.
§ 4. This act shall take effect immediately.