S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9060
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             September 5, 2025
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Higher Education
 
 AN ACT to amend the education law, in relation to entities authorized to
   make recommendations on the administration of immunizations
 
   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,  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) administering other immuniza-
 tions recommended by the advisory committee on immunization practices of
 the centers for disease control and prevention, THE  IMMUNIZATION  ADVI-
 SORY  COUNCIL ESTABLISHED PURSUANT TO CHAPTER FIVE HUNDRED TWENTY-ONE OF
 THE LAWS OF NINETEEN NINETY-FOUR, OR  THE  21ST  CENTURY  WORKGROUP  FOR
 DISEASE  ELIMINATION  AND  REDUCTION ESTABLISHED PURSUANT TO SECTION TWO
 HUNDRED SIXTY-SIX-A OF THE PUBLIC HEALTH LAW 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 prac-
 tice; 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  require-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13697-01-5
              

 A. 9060                             2
 
 ments, (B) lack documentation of such immunization, (C) lack evidence of
 past  infection,  or (D) have an additional risk factor or another indi-
 cation as recommended by the advisory committee  on  immunization  prac-
 tices  of  the centers for disease control and prevention, THE IMMUNIZA-
 TION ADVISORY COUNCIL  ESTABLISHED  PURSUANT  TO  CHAPTER  FIVE  HUNDRED
 TWENTY-ONE  OF  THE  LAWS  OF  NINETEEN NINETY-FOUR, OR THE 21ST CENTURY
 WORKGROUP FOR DISEASE ELIMINATION AND REDUCTION ESTABLISHED PURSUANT  TO
 SECTION  TWO  HUNDRED  SIXTY-SIX-A  OF THE PUBLIC HEALTH LAW. Nothing in
 this subdivision shall authorize unlicensed persons to administer immun-
 izations, vaccines or other drugs.
   § 2. Paragraph (e) of subdivision 2 of section 6801 of  the  education
 law,  as  amended  by  section 1 of part DD of chapter 57 of the laws of
 2018, is amended to read as follows:
   (e) administer the immunization or immunizations according to the most
 current recommendations by the advisory committee for immunization prac-
 tices (ACIP), THE IMMUNIZATION ADVISORY COUNCIL ESTABLISHED PURSUANT  TO
 CHAPTER  FIVE HUNDRED TWENTY-ONE OF THE LAWS OF NINETEEN NINETY-FOUR, OR
 THE 21ST CENTURY WORKGROUP FOR DISEASE ELIMINATION AND REDUCTION  ESTAB-
 LISHED  PURSUANT TO SECTION TWO HUNDRED SIXTY-SIX-A OF THE PUBLIC HEALTH
 LAW, provided however, that a pharmacist may administer any immunization
 authorized under this section  when  specified  by  a  patient  specific
 order.
   §  3.  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, rubella, varicel-
 la, 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  immuniza-
 tion  practices  of  the centers for disease control and prevention, THE
 IMMUNIZATION ADVISORY  COUNCIL  ESTABLISHED  PURSUANT  TO  CHAPTER  FIVE
 HUNDRED  TWENTY-ONE  OF  THE  LAWS  OF NINETEEN NINETY-FOUR, OR THE 21ST
 CENTURY WORKGROUP FOR  DISEASE  ELIMINATION  AND  REDUCTION  ESTABLISHED
 PURSUANT TO SECTION TWO HUNDRED SIXTY-SIX-A OF THE PUBLIC HEALTH LAW 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, THE
 IMMUNIZATION ADVISORY  COUNCIL  ESTABLISHED  PURSUANT  TO  CHAPTER  FIVE
 HUNDRED  TWENTY-ONE  OF  THE  LAWS  OF NINETEEN NINETY-FOUR, OR THE 21ST
 CENTURY WORKGROUP FOR  DISEASE  ELIMINATION  AND  REDUCTION  ESTABLISHED
 PURSUANT TO SECTION TWO HUNDRED SIXTY-SIX-A OF THE PUBLIC HEALTH LAW. 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,
 A. 9060                             3
 
 then the commissioner of health may issue a non-patient specific regimen
 applicable statewide.
   § 4. 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, 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) administering  other
 immunizations  recommended  by  the  advisory  committee on immunization
 practices of the centers for disease control and prevention, THE IMMUNI-
 ZATION ADVISORY COUNCIL ESTABLISHED PURSUANT  TO  CHAPTER  FIVE  HUNDRED
 TWENTY-ONE  OF  THE  LAWS  OF  NINETEEN NINETY-FOUR, OR THE 21ST CENTURY
 WORKGROUP FOR DISEASE ELIMINATION AND REDUCTION ESTABLISHED PURSUANT  TO
 SECTION  TWO  HUNDRED SIXTY-SIX-A OF THE PUBLIC HEALTH LAW, 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,  THE
 IMMUNIZATION  ADVISORY  COUNCIL  ESTABLISHED  PURSUANT  TO  CHAPTER FIVE
 HUNDRED TWENTY-ONE OF THE LAWS OF  NINETEEN  NINETY-FOUR,  OR  THE  21ST
 CENTURY  WORKGROUP  FOR  DISEASE  ELIMINATION  AND REDUCTION ESTABLISHED
 PURSUANT TO SECTION TWO HUNDRED SIXTY-SIX-A OF THE  PUBLIC  HEALTH  LAW.
 Nothing in this subdivision shall authorize unlicensed persons to admin-
 ister immunizations, vaccines or other drugs.
   § 5. This act shall take effect immediately.