Assembly Bill A9260

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9260
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 21, 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 the prescribing and
   administration of certain immunizations by a physician, pharmacist  or
   a certified nurse practitioner

   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  AND  COVID-19  to patients two years of age or older; and (b)
 administering immunizations to prevent pneumococcal, acute herpes  zost-
 er,  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) 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13959-02-5
              

 A. 9260                             2
 
 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.
   §  2.  Section  6801  of  the education law is amended by adding a new
 subdivision 10  to read as follows:
   10. A LICENSED PHARMACIST WITHIN THEIR LAWFUL SCOPE  OF  PRACTICE  MAY
 PRESCRIBE  AND ORDER A PATIENT SPECIFIC ORDER FOR MEDICATIONS TO PREVENT
 COVID-19 TO PATIENTS TWO YEARS OF AGE OR OLDER.
   § 3. Subparagraph 2 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:
   (2) the direct application of an immunizing agent to children  between
 the  ages of two and eighteen years of age, whether by injection, inges-
 tion, inhalation or any other means,  pursuant  to  a  patient  specific
 order  or non-patient specific regimen prescribed or ordered by a physi-
 cian or certified nurse practitioner, for immunization to prevent influ-
 enza AND COVID-19 and medications required for  emergency  treatment  of
 anaphylaxis  resulting  from  such  immunization. If the commissioner of
 health determines that there is an outbreak of influenza OR COVID-19, or
 that there is the imminent threat of an outbreak of influenza OR  COVID-
 19,  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  AND  COVID-19 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,  diphthe-
 ria  or  pertussis disease and medications required for emergency treat-
 ment 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 commis-
 sioner of health in consultation with the commissioner  determines  that
 an  immunization: (i) (A) may be safely administered by a licensed phar-
 macist 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 advi-
 sory  committee  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.
   § 5. This act shall take effect immediately.