S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9077
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 12, 2025
                                ___________
 
 Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
   tee on Higher Education
 
 AN  ACT  to  amend  the education law, the public health law, the social
   services law, the civil service law, the labor law, the insurance law,
   the mental hygiene law, the family court act, the volunteer  ambulance
   workers'  benefit law, the volunteer firefighters' benefit law and the
   workers' compensation law, in relation to the administration of immun-
   izations and eliminating the role of the federal centers  for  disease
   control  and  prevention  from the determination of policies and prac-
   tices in the state of New York
 
   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] NATIONALLY RECOGNIZED
 CLINICAL PRACTICE GUIDELINES 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13723-01-5
              

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 needed to prevent the transmission of a reportable communicable  disease
 that  is prevalent in New York state; or (ii) is a recommended immuniza-
 tion for such patients who: (A) meet age requirements, (B) lack documen-
 tation 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 immunization practices  of  the  centers  for
 disease  control and prevention] NATIONALLY RECOGNIZED CLINICAL PRACTICE
 GUIDELINES.  PROVIDED, HOWEVER, THAT ANYONE ADMINISTERING  IMMUNIZATIONS
 FOR COVID-19 WITHIN THEIR LAWFUL SCOPE OF PRACTICE SHALL ADMINISTER SUCH
 IMMUNIZATION IF A PATIENT: (A) MEETS AGE REQUIREMENTS; (B) DOES NOT HAVE
 A  HISTORY  OF  ADVERSE  REACTION TO SUCH IMMUNIZATION OR ANY INGREDIENT
 THEREOF; (C) MEETS REQUIREMENTS UNDER WHICH THE FOOD AND  DRUG  ADMINIS-
 TRATION  HAS  DETERMINED  THE  IMMUNIZATION IS SAFE; AND (D) MEETS OTHER
 REQUIREMENTS AS  DETERMINED  BY  THE  COMMISSIONER  OF  HEALTH;  WITHOUT
 CONSIDERATION  OR INQUIRY OF ANY OTHER CRITERIA OR GUIDELINES, INCLUDING
 THOSE OF THE ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES OF THE CENTERS
 FOR DISEASE CONTROL AND PREVENTION OR A SUCCESSOR. FOR THE  PURPOSES  OF
 THIS  SECTION, THE ABSENCE OF ANY ISSUANCE OF ADDITIONAL GUIDELINES FROM
 THE COMMISSIONER OF HEALTH SHALL CREATE A  PRESUMPTION THAT THERE ARE NO
 ADDITIONAL REQUIREMENTS TO SATISFY THE CRITERIA  FOR  ADMINISTRATION  OF
 IMMUNIZATION  FOR  COVID-19. Nothing in this subdivision shall authorize
 unlicensed persons to administer immunizations, vaccines or other drugs,
 NOR AUTHORIZE LICENSED PERSONS TO ADMINISTER IMMUNIZATIONS, VACCINES  OR
 OTHER DRUGS IN VIOLATION OF ANY STATE OR FEDERAL LAW.
   § 2. 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]  NATIONALLY
 RECOGNIZED  CLINICAL  PRACTICE GUIDELINES 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-
 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] NATIONALLY
 RECOGNIZED CLINICAL PRACTICE GUIDELINES.  PROVIDED, HOWEVER, THAT ANYONE
 ADMINISTERING IMMUNIZATIONS FOR COVID-19 WITHIN THEIR  LAWFUL  SCOPE  OF
 PRACTICE  SHALL ADMINISTER SUCH IMMUNIZATION IF A PATIENT: (A) MEETS AGE
 REQUIREMENTS; (B) DOES NOT HAVE A HISTORY OF ADVERSE  REACTION  TO  SUCH
 IMMUNIZATION  OR  ANY  INGREDIENT  THEREOF; (C) MEETS REQUIREMENTS UNDER
 WHICH THE FOOD AND DRUG ADMINISTRATION HAS DETERMINED  THE  IMMUNIZATION
 IS  SAFE;  AND (D) MEETS OTHER REQUIREMENTS AS DETERMINED BY THE COMMIS-
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 SIONER OF HEALTH; WITHOUT CONSIDERATION OR INQUIRY OF ANY OTHER CRITERIA
 OR GUIDELINES, INCLUDING THOSE OF THE ADVISORY COMMITTEE ON IMMUNIZATION
 PRACTICES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION OR A SUCCES-
 SOR.  FOR  THE  PURPOSES OF THIS SECTION, THE ABSENCE OF ANY ISSUANCE OF
 ADDITIONAL GUIDELINES FROM THE COMMISSIONER OF  HEALTH  SHALL  CREATE  A
 PRESUMPTION  THAT  THERE  ARE  NO ADDITIONAL REQUIREMENTS TO SATISFY THE
 CRITERIA FOR ADMINISTRATION OF IMMUNIZATION  FOR  COVID-19.  Nothing  in
 this subdivision shall authorize unlicensed persons to administer immun-
 izations,  vaccines  or  other  drugs, NOR AUTHORIZE LICENSED PERSONS TO
 ADMINISTER IMMUNIZATIONS, VACCINES OR OTHER DRUGS IN  VIOLATION  OF  ANY
 STATE OR FEDERAL LAW.
   §  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]
 NATIONALLY RECOGNIZED CLINICAL PRACTICE GUIDELINES 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-
 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]  NATIONALLY
 RECOGNIZED CLINICAL PRACTICE GUIDELINES.  PROVIDED, HOWEVER, THAT ANYONE
 ADMINISTERING  IMMUNIZATIONS  FOR  COVID-19 WITHIN THEIR LAWFUL SCOPE OF
 PRACTICE SHALL ADMINISTER SUCH IMMUNIZATION IF A PATIENT: (A) MEETS  AGE
 REQUIREMENTS;  (B)  DOES  NOT HAVE A HISTORY OF ADVERSE REACTION TO SUCH
 IMMUNIZATION OR ANY INGREDIENT THEREOF;  (C)  MEETS  REQUIREMENTS  UNDER
 WHICH  THE  FOOD AND DRUG ADMINISTRATION HAS DETERMINED THE IMMUNIZATION
 IS SAFE; AND (D) MEETS OTHER REQUIREMENTS AS DETERMINED BY  THE  COMMIS-
 SIONER OF HEALTH; WITHOUT CONSIDERATION OR INQUIRY OF ANY OTHER CRITERIA
 OR GUIDELINES, INCLUDING THOSE OF THE ADVISORY COMMITTEE ON IMMUNIZATION
 PRACTICES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION OR A SUCCES-
 SOR.  FOR  THE  PURPOSES OF THIS SECTION, THE ABSENCE OF ANY ISSUANCE OF
 ADDITIONAL GUIDELINES FROM THE COMMISSIONER OF  HEALTH  SHALL  CREATE  A
 PRESUMPTION  THAT  THERE  ARE  NO ADDITIONAL REQUIREMENTS TO SATISFY THE
 CRITERIA FOR ADMINISTRATION OF IMMUNIZATION FOR COVID-19. If the commis-
 sioner 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 applica-
 ble statewide.
   § 4. 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:
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   (e) administer the immunization or immunizations according to the most
 current recommendations by  [the  advisory  committee  for  immunization
 practices  (ACIP)]  NATIONALLY  RECOGNIZED CLINICAL PRACTICE GUIDELINES,
 provided however, that a  pharmacist  may  administer  any  immunization
 authorized  under  this  section  when  specified  by a patient specific
 order.
   § 5. Subdivision 4 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:
   4.  When  administering  an  immunization  in a pharmacy, the licensed
 pharmacist shall provide an area for the immunization that provides  for
 a patient's privacy. The privacy area should include:
   [a.]  (A)  a clearly visible posting of the most current ["Recommended
 Adult Immunization Schedule" published by  the  advisory  committee  for
 immunization  practices  (ACIP)] RECOMMENDED ADULT IMMUNIZATION SCHEDULE
 ACCORDING TO NATIONALLY RECOGNIZED BEST PRACTICES; and
   (b) education materials on  influenza  vaccinations  for  children  as
 determined by the commissioner and the commissioner of health.
   §  6.  Section  6801  of  the education law is amended by adding a new
 subdivision 4-a to read as follows:
   4-A. A PHARMACY WHICH OFFERS IMMUNIZATION APPOINTMENTS,  INCLUDING  BY
 PHONE  OR ONLINE, SHALL OFFER ALL IMMUNIZATIONS ACCORDING TO RECOMMENDA-
 TIONS BY NATIONALLY RECOGNIZED CLINICAL PRACTICE GUIDELINES, AND WITHOUT
 AN ADVANCE PRESCRIPTION. A PHARMACY SHALL NOT IMPOSE ANY LIMITATIONS  OR
 CRITERIA OTHER THAN THOSE SET FORTH IN SUBDIVISION TWENTY-TWO OF SECTION
 SIXTY-EIGHT HUNDRED TWO OF THIS ARTICLE.
   §  7. Subparagraph 5 of paragraph f of subdivision 5 of section 2-d of
 the education law, as added by section 1 of subpart  L  of  part  AA  of
 chapter 56 of the laws of 2014, is amended to read as follows:
   (5)  [uses]  USE encryption technology to protect data while in motion
 or in its custody from unauthorized disclosure  using  a  technology  or
 methodology  specified by the COMMISSIONER OF HEALTH OR secretary of the
 United States department of health and human services in guidance issued
 under Section 13402(H)(2) of Public Law 111-5.
   § 8. Paragraph (a) of subdivision 25 of  section  206  of  the  public
 health  law,  as added by chapter 563 of the laws of 2008, is amended to
 read as follows:
   (a) In assessing and reporting on the impact  of  section  sixty-eight
 hundred  one  of the education law, pursuant to subdivision four of such
 section the commissioner may BUT SHALL  NOT  BE  REQUIRED  TO  use:  (1)
 influenza  vaccine  supply  data  from  the  federal centers for disease
 control and prevention; (2) pneumococcal vaccine supply data provided by
 manufacturers and distributors of such vaccine;  and  (3)  data  from  a
 third  party  entity that engages in the collection of data and tracking
 of pharmaceutical sales and distribution. Manufacturers and distributors
 of  pneumococcal  vaccine  shall  provide  or  arrange  for  the  timely
 provision  to  the  commissioner  of  such  data as the commissioner may
 reasonably request to complete the report. Provider and  customer  iden-
 tifiable  information  submitted  pursuant  to  this  paragraph shall be
 confidential, unless the information provider consents to its release or
 the commissioner determines disclosure is necessary  to  respond  to  an
 imminent public health emergency.
   §  9.  Section 206 of the public health law is amended by adding a new
 subdivision 32 to read as follows:
   32. ANY RULES AND REGULATIONS OF  THE  DEPARTMENT  IN  EFFECT  OF  THE
 EFFECTIVE DATE OF THIS SUBDIVISION WHICH REFERENCE OR DIRECT THE FOLLOW-
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 ING  OF  GUIDELINES OF THE UNITED STATES CENTERS FOR DISEASE CONTROL AND
 PREVENTION OR ANY PART, PORTION OR COMMITTEE THEREOF SHALL BE DEEMED  TO
 REFER  TO NATIONALLY RECOGNIZED BEST PRACTICES. FOR THE PURPOSES OF THIS
 SUBDIVISION,   AND  ANY  REFERENCES  IN  ANY  OTHER  STATUTE,  THE  TERM
 "NATIONALLY  RECOGNIZED  CLINICAL  PRACTICE"  SHALL  MEAN   A   CLINICAL
 APPROACH,  METHODOLOGY,  OR STANDARD OF CARE THAT IS WIDELY ACCEPTED AND
 UTILIZED BY LICENSED HEALTH CARE PROFESSIONALS ACROSS THE UNITED STATES,
 BASED ON PEER-REVIEWED SCIENTIFIC EVIDENCE AND  PROFESSIONAL  CONSENSUS,
 WHICH  MAY  NOT BE CONSISTENT WITH GUIDELINES ISSUED BY A FEDERAL AGENCY
 OR OTHER ORGANIZATION IF SUCH  GUIDELINES  CONFLICT  WITH  PEER-REVIEWED
 SCIENTIFIC  EVIDENCE  AND  PROFESSIONAL  CONSENSUS. THE COMMISSIONER MAY
 ISSUE  DETERMINATIONS  OF  NATIONALLY  RECOGNIZED   CLINICAL   PRACTICE,
 PROVIDED,  HOWEVER,  THAT  THE ABSENCE OF SUCH A DETERMINATION SHALL NOT
 IMPLY REQUIREMENT TO ADHERE TO GUIDELINES ISSUED BY A FEDERAL AGENCY  OR
 OTHER ORGANIZATION IF SUCH GUIDELINES CONFLICT WITH PEER-REVIEWED SCIEN-
 TIFIC EVIDENCE AND PROFESSIONAL CONSENSUS.
   §  10.  Subdivision  3  of  section 266-a of the public health law, as
 added by chapter 483 of the laws of 2014 and such section as  renumbered
 by chapter 653 of the laws of 2022, is amended to read as follows:
   3. Consult with national vaccine and immunization policy making organ-
 izations[,  including  but  not  limited  to,  the advisory committee on
 immunization  practices  under  the  centers  for  disease  control  and
 prevention,  the national institute of health and the national institute
 of allergy and infectious diseases] WHOSE POLICIES CONFORM TO NATIONALLY
 RECOGNIZED CLINICAL PRACTICE;
   § 11.  Subdivision 2 of section 1399-mm-3 of the public health law, as
 added by section 1 of part EE of chapter 56 of  the  laws  of  2020,  is
 amended to read as follows:
   2.  The commissioner is authorized to promulgate rules and regulations
 governing the sale and distribution of carrier oils that  are  suspected
 of  causing  acute  illness  [and  have been identified as a chemical of
 concern  by  the  United  States  centers  for   disease   control   and
 prevention].   Such regulations may, to the extent deemed by the commis-
 sioner as necessary for the protection of  public  health,  prohibit  or
 restrict the selling, offering for sale, possessing with intent to sell,
 or distributing of carrier oils.
   §  12.    Section 2170 of the public health law, as amended by chapter
 109 of the laws of 2004, is amended to read as follows:
   § 2170. Hepatitis C; educational  materials.  The  commissioner  shall
 develop  and  make available to physicians, other health care providers,
 veterans and other persons at high  risk  for  hepatitis  C  educational
 materials,  in written and electronic forms, on the diagnosis, treatment
 and prevention of hepatitis C. Such materials shall include  the  recom-
 mendations  of  [the  federal Centers for Disease Control and Prevention
 and any other person or entity] ANY PERSONS OR ENTITIES having knowledge
 on hepatitis C, including the American Liver Foundation. Such  materials
 shall  be  written  in  terms which are understandable by members of the
 general public.
   § 13. Subdivisions 1 and 3 of section 2312 of the public  health  law,
 as  amended  by  chapter 298 of the laws of 2019, are amended to read as
 follows:
   1. Notwithstanding any other provision  of  law  and  consistent  with
 section  two  thousand  three  hundred five of this title, a health care
 practitioner (who is authorized under title eight of the  education  law
 to  diagnose  and  prescribe  drugs  for  sexually transmitted chlamydia
 trachomatis infection and other sexually transmitted infections,  acting
 A. 9077                             6
 
 within  [his  or  her]  THEIR  lawful scope of practice) who diagnoses a
 sexually transmitted chlamydia trachomatis infection or  other  sexually
 transmitted  infection in an individual patient may prescribe, dispense,
 furnish,  or  otherwise  provide  prescription  antibiotic drugs for the
 sexually transmitted infections  for  which  [the  Centers  for  Disease
 Control  and Prevention recommends] NATIONALLY RECOGNIZED CLINICAL PRAC-
 TICE GUIDELINES RECOMMEND the use of expedited partner therapy  to  that
 patient's  sexual  partner  or  partners  without  examination  of  that
 patient's partner or partners.
   3. The commissioner shall promulgate rules and regulations  concerning
 the  implementation  of  this  section  and shall also develop forms for
 patients and their partners explaining expedited partner therapy  for  a
 chlamydia   trachomatis   infection   and   other  sexually  transmitted
 infections for which [the Centers for  Disease  Control  and  Prevention
 recommends] NATIONALLY RECOGNIZED CLINICAL PRACTICE GUIDELINES RECOMMEND
 the  use  of expedited partner therapy. Such forms shall be written in a
 clear and coherent manner using words with common, everyday meanings.
   § 14. Paragraph c of subdivision 2  of  section  2164  of  the  public
 health  law,  as added by chapter 401 of the laws of 2015, is amended to
 read as follows:
   c. Every person in parental relation to a child in this state entering
 or having entered seventh grade and twelfth grade or  a  comparable  age
 level  special  education  program  with an unassigned grade on or after
 September first, two thousand sixteen, shall have administered  to  such
 child an adequate dose or doses of immunizing agents against meningococ-
 cal  disease  as  recommended by [the advisory committee on immunization
 practices of the centers for disease control and prevention]  NATIONALLY
 RECOGNIZED  CLINICAL  PRACTICE  GUIDELINES,  which  meets  the standards
 approved by the United States public health service for such  biological
 products,  and which is approved by the department under such conditions
 as may be specified by the public health and planning council.
   § 15. Paragraph d of subdivision 1 and subdivision 8 of  section  2165
 of  the  public health law, as added by chapter 405 of the laws of 1989,
 are amended to read as follows:
   d. The term "immunization" means an  adequate  dose  or  doses  of  an
 immunizing  agent  against  measles,  mumps and rubella [which meets the
 standards approved by the United States public health service  for  such
 biological  products,  and which is] approved by the state department of
 health under such conditions as may be specified by  the  public  health
 council.
   8. If any licensed physician or nurse practitioner certifies that such
 immunization  may  be detrimental to the person's health or is otherwise
 medically contraindicated PURSUANT TO NATIONALLY RECOGNIZED  BEST  PRAC-
 TICES, the requirements of this section shall be inapplicable until such
 immunization  is  found  no  longer  to  be detrimental to such person's
 health or is no longer medically contraindicated.
   § 16. Subdivision 11-a of section 2168 of the public  health  law,  as
 amended  by  chapter  109  of  the  laws  of 2023, is amended to read as
 follows:
   11-a. The commissioner, or in the city of New York,  the  commissioner
 of  the department of health and mental hygiene, may only share registry
 information maintained by the department, or in the case of the citywide
 immunization registry, the city of New York under the provisions of this
 section [with the federal Centers for Disease Control and Prevention, or
 successor agency] PURSUANT TO  FEDERAL  LAW  OR  AS  DETERMINED  BY  THE
 COMMISSIONER, for public health purposes in summary, statistical, aggre-
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 gate,  or  other  form such that no individual person can be identified,
 except that either such commissioner may  disclose  identifiable  regis-
 trant  information  to  the  federal  Centers  for  Disease  Control and
 Prevention,  or  its  successor agency, when the commissioner has deter-
 mined that the disclosure is in the best interests of the registrant  or
 will  contribute  to the protection of public health and that the objec-
 tive of the disclosure cannot be served by disclosure limited  to  de-i-
 dentified information, or the federal health officials have committed in
 writing  not  to  redisclose to or share registrant information with any
 other federal agency, including but not limited  to  the  department  of
 homeland  security,  immigration  and  customs  enforcement, customs and
 border protection, or any successor agency, or any law enforcement agen-
 cy; provided that either such commissioner may forgo the written commit-
 ment if requiring written commitment would result in  the  actual  with-
 holding of federal funds.
   §  17.  Subdivision  1  of section 2599-b of the public health law, as
 amended by section 1 of part A of chapter 469 of the laws  of  2015,  is
 amended to read as follows:
   1.  The  program shall be designed to prevent and reduce the incidence
 and prevalence of obesity in children and adolescents, especially  among
 populations  with  high  rates  of  obesity  and  obesity-related health
 complications including, but not limited to,  diabetes,  heart  disease,
 cancer,  osteoarthritis,  asthma,  emphysema,  chronic bronchitis, other
 chronic respiratory diseases and other conditions. The program shall use
 NATIONALLY RECOGNIZED CLINICAL PRACTICE recommendations  and  goals  [of
 the  United  States  departments  of  agriculture  and  health and human
 services, the surgeon  general  and  centers  for  disease  control  and
 prevention]  in  developing  and  implementing  guidelines for nutrition
 education and physical activity projects as part of  obesity  prevention
 efforts.  The content and implementation of the program shall stress the
 benefits of choosing a balanced, healthful diet from  the  many  options
 available  to  consumers, without specifically targeting the elimination
 of any particular food group, food product or food-related industry.
   § 18. Clauses (A) and (C) of subparagraph  (i)  of  paragraph  (a)  of
 subdivision  12  of section 2803 of the public health law, clause (A) as
 amended by chapter 20 of the laws of 2023 and clause (C) as  amended  by
 chapter 19 of the laws of 2022, are amended to read as follows:
   (A)  to  update authorized family members and resident representatives
 of infected residents at least once per day and upon a change in a resi-
 dent's condition and at least once a week to update  all  residents  and
 authorized  families  and  resident  representatives  on  the  number of
 infections and deaths at the facility,  and  to  update  all  residents,
 authorized  family members, and resident representatives at the facility
 not later than five o'clock p.m. the next  calendar  day  following  the
 detection  of a confirmed infection of a resident or staff member, or at
 such earlier time [as guidance from the federal centers for Medicaid and
 medicare services or centers for  disease  control  and  prevention  may
 provide]  IN  ACCORDANCE  WITH  NATIONALLY RECOGNIZED BEST PRACTICES, by
 electronic or such other means as may  be  selected  by  each  resident,
 authorized family member or resident representative; and
   (C)  a  plan or procedure, consistent with [any guidance issued by the
 federal centers for  Medicaid  and  medicare  services  or  centers  for
 disease  control  and  prevention] NATIONALLY RECOGNIZED BEST PRACTICES,
 for placement or grouping of residents within a facility to reduce tran-
 smission of the pandemic disease during an infectious  disease  outbreak
 in the residential health care facility; and
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   §  19.  Paragraph (a) of subdivision 5 of section 2803-j of the public
 health law, as added by chapter 62 of the laws of 1996,  is  amended  to
 read as follows:
   (a)  The  commissioner  shall  establish  an immunization schedule for
 newborn children. The immunization schedule shall chart out  recommended
 immunizations against certain diseases and illnesses and age-appropriate
 times  for  the  administration  of  each immunization. The immunization
 schedule shall also include information on  the  importance  of  getting
 children  immunized  at  the recommended ages. The immunization schedule
 shall also include  the  toll-free  telephone  number  operated  by  the
 department  as part of its immunization education efforts. The immuniza-
 tion schedule shall be in accordance with recommendations established by
 the New York state department of health [and the immunization  practices
 advisory  committee  of the United States department of health and human
 services].
   § 20. Subdivision 1 of section 2196 of the public health law, as added
 by chapter 580 of the laws of 1999, is amended to read as follows:
   1. The commissioner  shall  promulgate  regulations  relating  to  the
 immunization requirements of this article, taking into consideration the
 recommendations  of  [the  centers  for  disease control and prevention]
 NATIONALLY RECOGNIZED CLINICAL PRACTICE GUIDELINES.
   § 21. Subdivision 1 of section 2780 of the public health law, as added
 by chapter 584 of the laws of 1988, is amended to read as follows:
   1. "AIDS" means  acquired  immune  deficiency  syndrome[,  as  may  be
 defined  from  time  to  time  by the centers for disease control of the
 United States public health service].
   § 22. Subdivision 13 of section 131 of the  social  services  law,  as
 added by chapter 61 of the laws of 1996, is amended to read as follows:
   13. Social services districts shall provide all applicants and recipi-
 ents  of  public assistance with children five years of age or less with
 information and a schedule regarding age-appropriate  immunizations  for
 children  in  accordance  with [the recommendations of the department of
 health and the immunization practices advisory committee of  the  United
 States  department  of  health and human services] NATIONALLY RECOGNIZED
 BEST PRACTICES.  The telephone number of the local county health depart-
 ment shall be included on the immunization schedule.
   § 23. Paragraphs (q) and (ff) of subdivision 2 of section 365-a of the
 social services law, paragraph (q) as amended by section 35 of part B of
 chapter 58 of the laws of 2010, and paragraph (ff) as added by section 1
 of part C of chapter 57 of the laws of 2019,  are  amended  to  read  as
 follows:
   (q)  diabetes  self-management training services for persons diagnosed
 with diabetes when such services are ordered by a physician,  registered
 physician  assistant, registered nurse practitioner, or licensed midwife
 and provided by a licensed, registered, or certified health care profes-
 sional, as determined by the commissioner of health, who is certified as
 a diabetes educator by the National  Certification  Board  for  Diabetes
 Educators,  or  a successor national certification board, or provided by
 such a professional who is affiliated with a program  certified  by  the
 American  Diabetes  Association,  the  American  Association of Diabetes
 Educators, the Indian Health Services, or any  other  national  accredi-
 tation  organization  approved  by the [federal centers for medicare and
 medicaid services] THE COMMISSIONER OF HEALTH; provided,  however,  that
 the provisions of this paragraph shall not take effect unless all neces-
 sary  approvals  under  federal law and regulation have been obtained to
 receive federal financial participation in  the  costs  of  health  care
 A. 9077                             9
 
 services  provided pursuant to this paragraph. Nothing in this paragraph
 shall be construed to modify any licensure, certification  or  scope  of
 practice provision under title eight of the education law.
   (ff) evidence-based prevention and support services [recognized by the
 federal  Centers  for  Disease  Control (CDC),] provided by a community-
 based organization, and designed  to  prevent  individuals  at  risk  of
 developing diabetes from developing Type 2 diabetes.
   §  24.  Paragraph  (b) of subdivision 1 of section 365-k of the social
 services law, as amended by chapter 41 of the laws of 2023,  is  amended
 to read as follows:
   (b)  The  standards  and guidelines established under this section for
 providing non-invasive prenatal testing shall not limit availability and
 coverage for a test based on the age of the pregnant patient, unless the
 limit is explicitly called for by the generally  accepted  standards  of
 professional  practice  [or  is otherwise recommended by safety communi-
 cations or guidance issued by the United States food and  drug  adminis-
 tration,  the  centers for Medicare and medicaid services, or the United
 States department of health and human services].
   § 25. Clause (i) of subparagraph 2 of paragraph (d) of  subdivision  4
 of section 366 of the social services law, as added by section 2 of part
 D of chapter 56 of the laws of 2013, is amended to read as follows:
   (i)  Medical  assistance  is available under this paragraph to persons
 who are under sixty-five years of age, have  been  screened  for  breast
 and/or  cervical  cancer  under  [the  Centers  for  Disease Control and
 Prevention  breast  and  cervical  cancer   early   detection   program]
 NATIONALLY  RECOGNIZED  CLINICAL  PRACTICE GUIDELINES and need treatment
 for breast or cervical cancer, and are not otherwise covered under cred-
 itable coverage as defined in the federal  public  health  service  act;
 provided  however that medical assistance shall be furnished pursuant to
 this clause only to the extent permitted under federal law, if,  for  so
 long  as,  and  to  the  extent  that federal financial participation is
 available therefor.
   § 26. Paragraph (d) of subdivision 1 and subdivision 4 of section  178
 of  the  civil service law, as added by chapter 390 of the laws of 2005,
 are amended to read as follows:
   (d) "Significant risk of transmission" means the alleged conduct of or
 actions taken by an assailant or any other action,  situation  or  event
 that  occurs  while  a  public protection official is performing [his or
 her] THEIR official duties that has created a recognized and significant
 risk of infection of a public protection official with the human immuno-
 deficiency virus (HIV), as determined by  the  commissioner  of  health,
 consistent  with  NATIONALLY  RECOGNIZED  CLINICAL  PRACTICE guidelines,
 protocols, and findings  [of  the  United  States  centers  for  disease
 control and prevention].
   4.  Guidelines.  The  commissioner of health shall issue guidelines to
 facilitate the identification of circumstances  potentially  exposing  a
 public  protection official to a significant risk of transmission of the
 human immunodeficiency virus (HIV). Such guidelines shall be  consistent
 with  NATIONALLY  RECOGNIZED CLINICAL PRACTICE criteria [accepted by the
 federal centers for disease control  and  prevention].  Such  guidelines
 shall  also provide information regarding related counseling and testing
 procedures available to such individuals.
   § 27. Subdivision 2 of section 930 of the labor  law,  as  amended  by
 chapter 90 of the laws of 2015, is amended to read as follows:
   2.  "Mold"  means  any  indoor  multi-cellular fungi growth capable of
 creating toxins that can cause pulmonary, respiratory,  neurological  or
 A. 9077                            10
 
 other  major  illnesses  after  minimal  exposure,  as  such exposure is
 defined by [the environmental protection  agency,  centers  for  disease
 control  and  prevention,  national  institute  of health, or other] ANY
 federal,  state,  or  local  agency OR ORGANIZATION AS DETERMINED BY THE
 COMMISSIONER OF HEALTH AND  organized  to  study  and/or  protect  human
 health.
   §  28.  Paragraph 2 of subsection (d) of section 2611 of the insurance
 law, as added by chapter 584 of laws of 1988,  is  amended  to  read  as
 follows:
   (2) "AIDS"  means  acquired  immune  deficiency  syndrome[,  as may be
 defined from time to time by the centers  for  disease  control  of  the
 United States public health service].
   §  29.  Paragraphs (c) and (e) of subdivision 1 of section 2411 of the
 public health law, as amended by section 5 of part A of  chapter  60  of
 the laws of 2014, are amended to read as follows:
   (c)  Consult with [the Centers for Disease Control and Prevention, the
 National Institutes of Health, the Federal Agency For Health Care Policy
 and Research, the National Academy of Sciences and other]  organizations
 or  entities  which  may  be involved in cancer research to solicit both
 information regarding breast cancer research projects that are currently
 being conducted and recommendations for future research projects;
   (e) Solicit, receive, and review applications from public and  private
 agencies  and  organizations  and  qualified  research  institutions for
 grants from the breast  cancer  research  and  education  fund,  created
 pursuant to section ninety-seven-yy of the state finance law, to conduct
 research  or educational programs which focus on the causes, prevention,
 screening, treatment and cure of breast cancer and may include, but  are
 not  limited  to  mapping of breast cancer, and basic, behavioral, clin-
 ical,  demographic,  environmental,   epidemiologic   and   psychosocial
 research.  The board shall make recommendations to the commissioner, and
 the commissioner shall, in [his or her] THEIR discretion, grant approval
 of applications for grants from those applications  recommended  by  the
 board. The board shall consult with [the Centers for Disease Control and
 Prevention,  the  National  Institutes of Health, the Federal Agency For
 Health Care Policy and Research,  the  National  Academy  of  Sciences,]
 breast  cancer  advocacy  groups[,]  and other organizations or entities
 which may be involved in breast cancer research to solicit both informa-
 tion regarding breast cancer research projects that are currently  being
 conducted  and  recommendations for future research projects. As used in
 this section, "qualified  research  institution"  may  include  academic
 medical  institutions,  state  or  local  government agencies, public or
 private organizations within  this  state,  and  any  other  institution
 approved by the department, which is conducting a breast cancer research
 project or educational program. If a board member submits an application
 for  a  grant from the breast cancer research and education fund, [he or
 she] THEY shall be prohibited from reviewing and making a recommendation
 on the application;
   § 30. Item (iv) of subparagraph (A) of paragraph 12 of subsection  (i)
 of  section  3216 of the insurance law, as amended by chapter 357 of the
 laws of 2010, is amended to read as follows:
   (iv) Elsevier Gold Standard's Clinical Pharmacology; or other authori-
 tative compendia as identified by the [Federal Secretary of  Health  and
 Human  Services  or  the Centers for Medicare & Medicaid Services (CMS)]
 COMMISSIONER OF HEALTH; or recommended by review  article  or  editorial
 comment in a major peer reviewed professional journal.
 A. 9077                            11
 
   §  31. Item (ii) of subparagraph (E) of paragraph 17 of subsection (i)
 of section 3216 of the insurance law, as amended by chapter 219  of  the
 laws of 2011, is amended to read as follows:
   (ii)  immunizations  that  have  in  effect a recommendation [from the
 advisory committee on immunization practices of the centers for  disease
 control and prevention] PURSUANT TO NATIONALLY RECOGNIZED CLINICAL PRAC-
 TICE GUIDELINES with respect to the individual involved;
   §  32.  Item (ii) of subparagraph (E) of paragraph 8 of subsection (l)
 of section 3221 of the insurance law, as amended by chapter 219  of  the
 laws of 2011, is amended to read as follows:
   (ii)  immunizations  that  have  in  effect a recommendation [from the
 advisory committee on immunization practices of the centers for  disease
 control and prevention] PURSUANT TO NATIONALLY RECOGNIZED CLINICAL PRAC-
 TICE GUIDELINES with respect to the individual involved;
   §  33. Item (iv) of subparagraph (A) of paragraph 12 of subsection (l)
 of section 3221 of the insurance law, as amended by chapter 357  of  the
 laws of 2010, is amended to read as follows:
   (iv) Elsevier Gold Standard's Clinical Pharmacology; or other authori-
 tative  compendia  as identified by the [Federal Secretary of Health and
 Human Services or the Centers for Medicare &  Medicaid  Services  (CMS)]
 COMMISSIONER  OF  HEALTH;  or recommended by review article or editorial
 comment in a major peer reviewed professional journal.
   § 34. Subparagraph (B) of paragraph 3 of  subsection  (j)  of  section
 4303  of the insurance law, as added by chapter 219 of the laws of 2011,
 is amended to read as follows:
   (B) immunizations that have in effect a recommendation [from the advi-
 sory committee on immunization practices  of  the  centers  for  disease
 control and prevention] PURSUANT TO NATIONALLY RECOGNIZED CLINICAL PRAC-
 TICE GUIDELINES with respect to the individual involved;
   § 35. Clause (ii) of subparagraph (F) of paragraph 4 of subsection (b)
 of  section  4322  of  the insurance law, as added by chapter 219 of the
 laws of 2011, is amended to read as follows:
   (ii) immunizations that have in  effect  a  recommendation  [from  the
 advisory  committee on immunization practices of the centers for disease
 control and prevention] PURSUANT TO NATIONALLY RECOGNIZED CLINICAL PRAC-
 TICE GUIDELINES with respect to the individual involved;
   § 36. Clause (iii) of subparagraph (B) paragraph 3 of  subsection  (j)
 of  section  7813  of  the insurance law, as added by chapter 499 of the
 laws of 2009, is amended to read as follows:
   (iii) having a level of disability similar to that described in clause
 (i) of this subparagraph, as determined by [the United States  Secretary
 of Health and Human Services] NATIONALLY RECOGNIZED BEST PRACTICES.
   §  37.  Paragraph  4 of subdivision (c) of section 36.04 of the mental
 hygiene law, as added by section 1 of part HH of chapter 57 of the  laws
 of 2023, is amended to read as follows:
   (4)  where executed, agreements establishing formal relationships with
 designated collaborating  organizations  to  provide  certain  certified
 community  behavioral  health clinic services[, consistent with guidance
 issued by the United States department  of  health  and  human  services
 substance abuse and mental health services administration and the office
 of mental health and the office of addiction services and supports];
   §  38.  Subdivision  (a)  of  section  418 of the family court act, as
 amended by chapter 214 of the laws  of  1998,  is  amended  to  read  as
 follows:
   (a) The court, on its own motion or motion of any party, when paterni-
 ty  is  contested,  shall  order  the  mother, the child and the alleged
 A. 9077                            12
 
 father to submit to one or more genetic marker or DNA marker tests of  a
 type generally acknowledged as reliable by an accreditation body [desig-
 nated  by  the  secretary  of the federal department of health and human
 services]  and  performed  by  a laboratory approved by such an accredi-
 tation body and by the commissioner of health or  by  a  duly  qualified
 physician  to  aid in the determination of whether the alleged father is
 or is not the father of the child. No such test shall be ordered, howev-
 er, upon a written finding by the court that  it  is  not  in  the  best
 interests  of the child on the basis of res judicata, equitable estoppel
 or the presumption of legitimacy of a child born to a married woman. The
 record or report of the results of any such genetic marker or  DNA  test
 shall  be  received  in  evidence,  pursuant  to subdivision (e) of rule
 forty-five hundred eighteen of the civil practice law and rules where no
 timely objection in writing has been made thereto. Any order pursuant to
 this section shall state in plain language that the results of such test
 shall be admitted into evidence, pursuant  to  rule  forty-five  hundred
 eighteen  of  the  civil practice law and rules absent timely objections
 thereto and that if such timely objections are not made, they  shall  be
 deemed  waived  and  shall  not be heard by the court.  If the record or
 report of results of any such genetic marker or DNA test or tests  indi-
 cate at least a ninety-five percent probability of paternity, the admis-
 sion  of  such record or report shall create a rebuttable presumption of
 paternity, and, if unrebutted, shall  establish  the  paternity  of  and
 liability  for the support of a child pursuant to this article and arti-
 cle five of this act.
   § 39. Subdivision (a) of section 532  of  the  family  court  act,  as
 amended  by  chapter  214  of  the  laws  of 1998, is amended to read as
 follows:
   (a) The court shall advise the parties of their right to one  or  more
 genetic  marker tests or DNA tests and, on the court's own motion or the
 motion of any party, shall order the mother, her child and  the  alleged
 father  to  submit  to one or more genetic marker or DNA tests of a type
 generally acknowledged as reliable by an accreditation body  [designated
 by the secretary of the federal department of health and human services]
 and performed by a laboratory approved by such an accreditation body and
 by the commissioner of health or by a duly qualified physician to aid in
 the  determination of whether the alleged father is or is not the father
 of the child. No such test shall be ordered,  however,  upon  a  written
 finding  by  the court that it is not in the best interests of the child
 on the basis of res judicata, equitable estoppel, or the presumption  of
 legitimacy  of  a child born to a married woman. The record or report of
 the results of any such genetic marker or DNA test ordered  pursuant  to
 this  section  or pursuant to section one hundred eleven-k of the social
 services law shall be received in evidence  by  the  court  pursuant  to
 subdivision  (e)  of rule forty-five hundred eighteen of the civil prac-
 tice law and rules where no timely objection in writing  has  been  made
 thereto  and  that if such timely objections are not made, they shall be
 deemed waived and shall not be heard by the  court.  If  the  record  or
 report  of  the  results of any such genetic marker or DNA test or tests
 indicate at least a ninety-five percent probability  of  paternity,  the
 admission of such record or report shall create a rebuttable presumption
 of  paternity,  and shall establish, if unrebutted, the paternity of and
 liability for the support of a child pursuant to this article and  arti-
 cle four of this act.
 A. 9077                            13
 
   §  40.  Paragraph  (iv)  of  subdivision (d-1) of section 756-a of the
 family court act, as amended by section 14-a of part K of chapter 56  of
 the laws of 2019, is amended to read as follows:
   (iv)  whether  and when the child: (A) will be returned to the parent;
 (B) should be placed for adoption  with  the  social  services  official
 filing  a  petition  for  termination  of parental rights; (C) should be
 referred for legal guardianship; (D) should be placed permanently with a
 fit and willing relative; or (E) should be  placed  in  another  planned
 permanent  living  arrangement with a significant connection to an adult
 willing to be a permanency resource for the child if the  child  is  age
 sixteen  or older and (1) the social services official has documented to
 the court:  (I) intensive, ongoing, and, as of the date of the  hearing,
 unsuccessful  efforts made by the social services district to return the
 child home or secure a placement for the child with a  fit  and  willing
 relative  including  adult  siblings,  a  legal guardian, or an adoptive
 parent, including through efforts that utilize search technology includ-
 ing social media to find biological family members  for  children,  (II)
 the  steps the social services district is taking to ensure that (A) the
 child's foster family home or  child  care  facility  is  following  the
 reasonable  and  prudent  parent  standard  in accordance with [guidance
 provided by the United States department of health and  human  services]
 NATIONALLY  RECOGNIZED  BEST  PRACTICES,  and (B) the child has regular,
 ongoing opportunities to engage in age  or  developmentally  appropriate
 activities  including by consulting with the child in an age-appropriate
 manner about the opportunities of the child  to  participate  in  activ-
 ities;  and (2) the social services district has documented to the court
 and the court has determined  that  there  are  compelling  reasons  for
 determining  that  it  continues  to  not be in the best interest of the
 child to return home, be referred for termination of parental rights and
 placed for adoption, placed with a fit and willing relative,  or  placed
 with  a  legal  guardian;  and  (3)  the  court has made a determination
 explaining why, as of the date of the hearing,  another  planned  living
 arrangement  with  a  significant connection to an adult willing to be a
 permanency resource for the child is the best permanency  plan  for  the
 child; and
   §  41. Subdivisions 4 and 6 of section 11-c of the volunteer ambulance
 workers' benefit law, as added by chapter 603 of the laws of  2006,  are
 amended to read as follows:
   4.  For  the  purposes  of this section, the term "significant risk of
 transmission" means the alleged conduct or actions taken by a victim  or
 patient  or  any  other  action,  situation or event that occurs while a
 volunteer ambulance worker is performing services in the  line  of  duty
 that  has  created  a  recognized and significant risk of infection of a
 volunteer ambulance worker with the human immunodeficiency virus  (HIV),
 as  determined by the commissioner of health, consistent with NATIONALLY
 RECOGNIZED CLINICAL PRACTICE guidelines, protocols, and findings [of the
 United States centers for disease control and prevention].
   6. The commissioner of health shall issue guidelines to facilitate the
 identification of circumstances potentially exposing a  volunteer  ambu-
 lance  worker to a significant risk of transmission of the human immuno-
 deficiency  virus  (HIV).  Such  guidelines  shall  be  consistent  with
 NATIONALLY RECOGNIZED CLINICAL PRACTICE criteria [accepted by the feder-
 al  centers  for  disease control and prevention]. Such guidelines shall
 also provide information regarding related counseling and testing proce-
 dures available to such individuals.
 A. 9077                            14
 
   § 42. Subdivisions 4 and 6 of section 11-c of the volunteer firefight-
 ers' benefit law, as added by chapter 603  of  the  laws  of  2006,  are
 amended to read as follows:
   4.  For  the  purposes  of this section, the term "significant risk of
 transmission" means the alleged conduct or actions taken by a victim  or
 patient  or  any  other  action,  situation or event that occurs while a
 volunteer firefighter is performing services in the line  of  duty  that
 has  created  a recognized and significant risk of infection of a volun-
 teer firefighter with the human immunodeficiency virus (HIV), as  deter-
 mined  by  the commissioner of health, consistent with NATIONALLY RECOG-
 NIZED CLINICAL PRACTICE guidelines,  protocols,  and  findings  [of  the
 United States centers for disease control and prevention].
   6. The commissioner of health shall issue guidelines to facilitate the
 identification  of  circumstances potentially exposing a volunteer fire-
 fighter to a significant risk of transmission of the human immunodefici-
 ency virus (HIV). Such guidelines shall be  consistent  with  NATIONALLY
 RECOGNIZED  CLINICAL  PRACTICE criteria [accepted by the federal centers
 for disease control and prevention]. Such guidelines shall also  provide
 information  regarding  related counseling and testing procedures avail-
 able to such individuals.
   § 43. Subdivision 1 of section 169 of the workers'  compensation  law,
 as  added  by  chapter  559  of  the laws of 2022, is amended to read as
 follows:
   1. The board shall accept  the  certifications  [of  the  Centers  for
 Disease  Control  and  Prevention  World Trade Center Health Program] AS
 DETERMINED BY THE COMMISSIONER OF  HEALTH  as  presumptive  evidence  of
 causation  of  certified  illnesses  pursuant to 42 USC 300mm for claims
 filed for conditions of impairment of health  or  death  pursuant  to  a
 qualifying condition.
   § 44. This act shall take effect immediately.