Senate Bill S5706

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5706
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2025
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education law and the public health law, in relation
   to authorizing certain nursing students to administer certain vaccines
   pursuant to patient specific orders or non-patient specific orders and
   authorizing physicians and certified nurse practitioners to  prescribe
   and  order a patient specific order or non-patient specific order to a
   nursing student to administer certain vaccines
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  6901 of the education law is amended by adding a
 new subdivision 4 to read as follows:
   4. "NURSING STUDENT" SHALL MEAN ANY PERSON EITHER RECEIVING AN  EDUCA-
 TION  IN NURSING OR WHO HAS COMPLETED AN EDUCATION IN NURSING WITHIN THE
 PRIOR YEAR, WHERE COMPLETING SUCH EDUCATION IN NURSING MAY  PERMIT  SUCH
 PERSON TO BE GRANTED LICENSURE UNDER THIS ARTICLE IN ACCORDANCE WITH THE
 APPLICABLE COMMISSIONER'S REGULATIONS.
   § 2. The education law is amended by adding a new section 6913 to read
 as follows:
   §  6913.  VACCINATION BY NURSING STUDENTS. 1. ANY NURSING STUDENT MAY,
 PURSUANT TO A PATIENT SPECIFIC ORDER OR  A  NON-PATIENT  SPECIFIC  ORDER
 UNDER  SECTIONS  SIXTY-NINE  HUNDRED NINE AND SIXTY-FIVE HUNDRED TWENTY-
 SEVEN OF THIS TITLE WHILE OVERSEEN OR  APPROVED  BY  THE  DEPARTMENT  OF
 HEALTH OR LOCAL HEALTH DEPARTMENTS AND OPERATED UNDER THE MEDICAL SUPER-
 VISION  OF LICENSED PHYSICIANS, LICENSED PHYSICIAN ASSISTANTS, OR CERTI-
 FIED NURSE PRACTITIONERS: (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03012-01-5
              

 S. 5706                             2
 
 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  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.
   2.  PRIOR  TO  ADMINISTERING  IMMUNIZATIONS,  A  NURSING STUDENT SHALL
 RECEIVE TRAINING IN THE FOLLOWING AREAS, AS DETERMINED  BY  THE  COMMIS-
 SIONER OF HEALTH AFTER CONSULTATION WITH THE COMMISSIONER:
   (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.
   3. WHEN A NURSING STUDENT ADMINISTERS AN IMMUNIZATION, 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
 THE PUBLIC HEALTH LAW; 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.
   § 3. Paragraph (b) of subdivision 3 of  section  2168  of  the  public
 health  law  is  amended  by  adding a new subparagraph (iii) to read as
 follows:
   (III) A NURSING STUDENT, AS DEFINED IN SECTION SIXTY-NINE HUNDRED  ONE
 OF  THE  EDUCATION  LAW,  WHO  ADMINISTERS A VACCINE PURSUANT TO SECTION
 SIXTY-NINE HUNDRED THIRTEEN OF THE EDUCATION LAW TO  A  PERSON  NINETEEN
 YEARS  OF  AGE  OR OLDER SHALL, WITH THE CONSENT OF THE VACCINEE, REPORT
 ALL SUCH IMMUNIZATIONS TO THE DEPARTMENT IN A FORMAT PRESCRIBED  BY  THE
 COMMISSIONER  WITHIN  FOURTEEN  DAYS OF ADMINISTRATION OF SUCH IMMUNIZA-
 TIONS. A NURSING STUDENT, AS DEFINED IN SECTION SIXTY-NINE  HUNDRED  ONE
 OF  THE  EDUCATION  LAW,  WHO  ADMINISTERS A VACCINE PURSUANT TO SECTION
 SIXTY-NINE HUNDRED THIRTEEN OF THE EDUCATION LAW TO  A  PERSON  NINETEEN
 YEARS OF AGE OR OLDER IN THE CITY OF NEW YORK SHALL, WITH THE CONSENT OF
 THE  VACCINEE,  REPORT  IN  A  FORMAT PRESCRIBED BY THE CITY OF NEW YORK
 COMMISSIONER OF HEALTH AND MENTAL HYGIENE, ALL SUCH IMMUNIZATIONS TO THE
 CITYWIDE IMMUNIZATION REGISTRY.
   § 4. 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 PATIENT SPECIFIC
 ORDER OR A NON-PATIENT SPECIFIC ORDER TO A NURSING STUDENT,  AS  DEFINED
 IN SECTION SIXTY-NINE HUNDRED ONE OF THIS TITLE, PURSUANT TO REGULATIONS
 MADE  BY  THE  COMMISSIONER,  AND CONSISTENT WITH THE PUBLIC HEALTH LAW,
 S. 5706                             3
 
 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 IMMUNIZATIONS  RECOM-
 MENDED  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 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.
   § 5. Section 6909 of the education law is  amended  by  adding  a  new
 subdivision 7-a to read as follows:
   7-A.  A CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND ORDER A PATIENT
 SPECIFIC ORDER OR A NON-PATIENT SPECIFIC  ORDER  TO  A  NURSING  STUDENT
 PURSUANT  TO  REGULATIONS  MADE 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  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.
   § 6. This act shall take effect immediately.