Senate Bill S7823A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7823
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Health
 
 AN ACT to amend the public health  law,  in  relation  to  removing  the
   requirement  to  follow the centers for disease control and prevention
   recommendation for immunization against meningococcal disease

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. 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,] 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 plan-
 ning council.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11946-01-5



              

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7823--B
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2025
                                ___________
 
 Introduced by Sens. HOYLMAN-SIGAL, BROUK, FAHY, GONZALEZ, HINCHEY, MAYER
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Health -- committee discharged, bill amended, ordered
   reprinted  as  amended  and recommitted to said committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the education law, in relation to authorizing the admin-
   istration of immunizations pursuant to  recommendations  made  by  the
   commissioner  of  health;  to  amend the insurance law, in relation to
   coverage for immunizations; and to amend the  public  health  law,  in
   relation to removing the requirement to follow the centers for disease
   control  and prevention recommendation for immunization against menin-
   gococcal disease
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  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] ON immunization
 practices (ACIP), OR, IN THE ALTERNATIVE, RECOMMENDATIONS  MADE  BY  THE
 COMMISSIONER  OF HEALTH PERTAINING TO A VACCINE THAT HAS BEEN AUTHORIZED
 BY THE FOOD AND DRUG ADMINISTRATION, provided however, that a pharmacist
 may administer any immunization authorized under this section when spec-
 ified by a patient specific order.
   § 2. Paragraph a of 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:
   [a.] (A) a clearly visible posting of the  most  current  "Recommended
 Adult  Immunization  Schedule" published by the advisory committee [for]

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11946-06-5
 S. 7823--B                          2
              

 
 ON  immunization  practices  (ACIP)  AND  ANY   SUPPLEMENTAL   SCHEDULES
 PUBLISHED BY THE COMMISSIONER OF HEALTH; and
   §  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 for
 patients eighteen years of age or older OR, IN THE  ALTERNATIVE,  RECOM-
 MENDATIONS  MADE  BY  THE COMMISSIONER OF HEALTH PERTAINING TO A VACCINE
 THAT HAS BEEN AUTHORIZED BY THE FOOD AND  DRUG  ADMINISTRATION,  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 advi-
 sory committee on immunization practices  of  the  centers  for  disease
 control  and  prevention OR, IN THE ALTERNATIVE, RECOMMENDATIONS MADE BY
 THE COMMISSIONER OF HEALTH PERTAINING TO A VACCINE THAT HAS BEEN AUTHOR-
 IZED BY THE FOOD AND DRUG ADMINISTRATION. 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.
   § 4. 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 for patients eighteen
 years of age or older OR, IN THE ALTERNATIVE,  RECOMMENDATIONS  MADE  BY
 THE  COMMISSIONER  OF  HEALTH  PERTAINING  TO  A  VACCINE  THAT HAS BEEN
 AUTHORIZED BY THE FOOD AND DRUG ADMINISTRATION, 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-
 S. 7823--B                          3
 
 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  OR,  IN THE ALTERNATIVE, RECOMMENDATIONS MADE BY THE COMMIS-
 SIONER OF HEALTH PERTAINING TO A VACCINE THAT HAS BEEN AUTHORIZED BY THE
 FOOD AND DRUG ADMINISTRATION. Nothing in this subdivision shall  author-
 ize  unlicensed  persons  to administer immunizations, vaccines or other
 drugs.
   § 5. 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 for patients
 eighteen  years  of age or older OR, IN THE ALTERNATIVE, RECOMMENDATIONS
 MADE BY THE COMMISSIONER OF HEALTH PERTAINING TO A VACCINE THAT HAS BEEN
 AUTHORIZED BY THE FOOD AND DRUG ADMINISTRATION, 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 OR, IN THE ALTERNATIVE, RECOMMENDATIONS MADE BY  THE  COMMIS-
 SIONER OF HEALTH PERTAINING TO A VACCINE THAT HAS BEEN AUTHORIZED BY THE
 FOOD  AND DRUG ADMINISTRATION. Nothing in this subdivision shall author-
 ize unlicensed persons to administer immunizations,  vaccines  or  other
 drugs.
   §  6.  Items  (ii)  and  (v)  of  subparagraph  (E) of paragraph 17 of
 subsection (i) of section 3216  of  the  insurance  law,  item  (ii)  as
 amended  by  chapter  219 of the laws of 2011 and item (v) as amended by
 section 3 of part M of chapter 57 of the laws of 2019,  are  amended  to
 read as follows:
   (ii) immunizations that have in effect a recommendation from the advi-
 sory  committee  on  immunization  practices  of the centers for disease
 control and prevention OR, IN THE ALTERNATIVE, A RECOMMENDATION MADE  BY
 THE COMMISSIONER OF HEALTH PERTAINING TO A VACCINE THAT HAS BEEN AUTHOR-
 IZED BY THE FOOD AND DRUG ADMINISTRATION, with respect to the individual
 involved;
   (v) all FDA-approved contraceptive drugs, devices, and other products,
 including   all   over-the-counter  contraceptive  drugs,  devices,  and
 products as prescribed or as otherwise authorized under state or federal
 law; voluntary sterilization procedures pursuant to 42 U.S.C. 18022  and
 identified  in  the  comprehensive  guidelines  supported  by the health
 resources and services administration and thereby  incorporated  in  the
 S. 7823--B                          4
 
 essential  health  benefits  benchmark plan; patient education and coun-
 seling on contraception; and follow-up services related  to  the  drugs,
 devices,  products,  and  procedures  covered  under this [clause] ITEM,
 including,  but  not  limited to, management of side effects, counseling
 for continued adherence, and device insertion  and  removal.  Except  as
 otherwise  authorized  under  this  [clause]  ITEM, a contract shall not
 impose any restrictions or delays on the coverage  required  under  this
 [clause] ITEM. However, where the FDA has approved one or more therapeu-
 tic  and pharmaceutical equivalent, as defined by the FDA, versions of a
 contraceptive drug, device, or product, a contract is  not  required  to
 include  all  such therapeutic and pharmaceutical equivalent versions in
 its formulary, so long as at least one is included and  covered  without
 cost-sharing  and  in accordance with this [clause] ITEM. If the covered
 therapeutic and pharmaceutical equivalent versions of a drug, device, or
 product are not available or are deemed medically inadvisable a contract
 shall provide coverage for an alternate therapeutic  and  pharmaceutical
 equivalent version of the contraceptive drug, device, or product without
 cost-sharing.  (a)  This  coverage shall include emergency contraception
 without cost sharing when provided pursuant to a prescription, or  order
 under  section  sixty-eight  hundred  thirty-one of the education law or
 when lawfully provided over-the-counter. (b)  If  the  attending  health
 care  provider,  in [his or her] SUCH PROVIDER'S reasonable professional
 judgment, determines that the use of a non-covered therapeutic or  phar-
 maceutical  equivalent  of  a drug, device, or product is warranted, the
 health care provider's determination shall be final. The  superintendent
 shall  promulgate  regulations  establishing  a process, including time-
 frames, for an insured, an insured's designee  or  an  insured's  health
 care  provider  to request coverage of a non-covered contraceptive drug,
 device, or product. Such regulations shall include  a  requirement  that
 insurers  use  an exception form that shall meet criteria established by
 the superintendent. (c) This coverage must allow for the  dispensing  of
 up  to  twelve  months worth of a contraceptive at one time. (d) For the
 purposes  of  this  [clause]   ITEM,   "over-the-counter   contraceptive
 products" shall mean those products provided for in comprehensive guide-
 lines  supported  by the health resources and services administration as
 of January twenty-first, two thousand nineteen.
   § 7. 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 advi-
 sory committee on immunization practices  of  the  centers  for  disease
 control  and prevention OR, IN THE ALTERNATIVE, A RECOMMENDATION MADE BY
 THE COMMISSIONER OF HEALTH PERTAINING TO A VACCINE THAT HAS BEEN AUTHOR-
 IZED BY THE FOOD AND DRUG ADMINISTRATION, with respect to the individual
 involved;
   § 8. 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 OR, IN THE ALTERNATIVE, A RECOMMENDATION MADE BY
 THE COMMISSIONER OF HEALTH PERTAINING TO A VACCINE THAT HAS BEEN AUTHOR-
 IZED BY THE FOOD AND DRUG ADMINISTRATION, with respect to the individual
 involved;
 S. 7823--B                          5
 
   § 9. Item (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 advi-
 sory  committee  on  immunization  practices  of the centers for disease
 control and prevention OR, IN THE ALTERNATIVE, A RECOMMENDATION MADE  BY
 THE COMMISSIONER OF HEALTH PERTAINING TO A VACCINE THAT HAS BEEN AUTHOR-
 IZED BY THE FOOD AND DRUG ADMINISTRATION, with respect to the individual
 involved;
   §  10.  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,] 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 plan-
 ning council.
   § 11. This act shall take effect immediately.