NY State Senate Bill 2025-S8496

Senate Bill S8496

2025-2026 Legislative Session

Expands the entities that may make recommendations for administering immunizations to include the immunization advisory council and the 21st century workgroup for disease elimination and reduction

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Current Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 03, 2025	referred to rules

2025-S8496 (ACTIVE) - Details

See Assembly Version of this Bill:: A9060
Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd §§6527, 6801, 6802 & 6909, Ed L

2025-S8496 (ACTIVE) - Summary

Expands the entities that may make recommendations for administering immunizations to include the immunization advisory council and the 21st century workgroup for disease elimination and reduction.

2025-S8496 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8496

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the education law, in relation to entities authorized to
make recommendations on the administration of immunizations

 
PURPOSE:

This bill authorizes various healthcare practitioners to order and
administer immunizations recommended by the New York State immunization
advisory council established pursuant to chapter 521 of 1994 (IAC), or
the 21st century workgroup for disease elimination and reduction estab-
lished pursuant to section 266-a of the public health law (WDER), in
addition to those recommended by the federal advisory committee on
immunization practices (ACIP).

 
SUMMARY OF PROVISIONS:

Section one amends education law section 6527 governing physicians.
Currently, a physician may prescribe and order immunizations for a

specific list of statutory diseases, or any immunization recommended by
ACIP if the New York State commissioner of health, In consultation with
the commissioner of education, determines that such immunization is
sufficiently safe and necessary. This section adds the IAC and WDER to
the bodies authorized to make such recommendations for the commission-
ers' consideration.

Section two amends education law section 6801 governing pharmacy prac-
tice. Currently, pharmacists are authorized to administer immunizations
according to ACIP recommendations. This section adds the IAC and WDER to
the existing ACIP reference.

Section three amends education law section 6802, which defines various
terms related to the practice of pharmacy. Currently, the definition of
"administer" allows pharmacists to administer immunizations from either
the statutory list or at the commissioners' determination based on ACIP
recommendations. This section adds the IAC and WDER to the existing ACIP
reference.

Section four amends education law section 6909 governing nurse practi-
tioners (NPs). Currently, an NP may prescribe and order immunizations
for a specific list of statutory diseases, or any immunization recom-
mended by ACIP if the commissioner of health, in consultation with the
commissioner of education, determines that such immunization is suffi-
ciently safe and necessary. This section adds the IAC and WDER to the
bodies eligible to make such recommendations for the commissioners'
consideration.

Section five is the effective date.

 
JUSTIFICATION:

The federal advisory committee on immunization practices (ACIP) is a
longstanding, highly regarded expert panel within the centers for
disease control and prevention, tasked with reviewing and making recom-
mendations related to vaccine administration. Since its founding over 50
years ago, healthcare practitioners and public health leaders have
relied on its recommendations to drive state immunization policy. In New
York for example, Education Law gives the commissioners of health and
education statutory power to authorize ACIP-recommended immunizations at
the state level if they agree such immunizations are sufficiently safe
and necessary.

Sadly, ACIP has undergone an unprecedented political purge in which all
seventeen of its members were fired simultaneously in what the American
Public Health Association Executive Director characterized as a "coup."
The eight newly appointed replacements vary in professional credentials,
and in August 2025 the Chair of the Senate Health, Education, Labor, and
Pensions Committee, a physician, called for postponement of ACIP's next
meeting citing "serious allegations" regarding the "meeting agenda,
membership, and lack of scientific process being followed" by the new
panel.  New Yorkers are deeply concerned that we've lost a reliable
source of public health expertise and experience, and in response to
this, states have begun considering state or regional alternatives to
ACIP.

New York has two existing expert immunization policy bodies - the immun-
ization advisory council (IAC), which meets several times a year and
includes professional representation in pediatrics, epidemiology, and
public health practice, and the 21st century disease elimination work-
group, comprised of experts from the IAC as well as staff from the
Health Department's immunization division.

This bill builds on our existing state public health infrastructure by
allowing the commissioners to authorize Immunizations recommended by
these two groups in addition to any recommended by ACIP. This will give
New York flexibility to respond to outbreaks like Mpox or other emerging
public health threats without having to rely solely on a panel that may
not be able to perform its historical role due to political interfer-
ence. If and when ACIP is a functioning body again, the commissioners
can also continue to rely on its guidance.

"Trump administration attempts coup of the Advisory Committees on Immun-
ization Practices," 6/9/25 press release.

 
HTTPS://WWW.APHA.ORGINEWS-AND-MEDIA/NEWS-
RELEASESIAPHA-NEWS-RELEASES/TRUMP-COUP-OF-ACIP

"Cassidy Calls for Vaccine Committee Meeting to be Postponed Following
CDC Departure," 8/28/25 press release.

 
HTTPS://WWW.HELP.SENATE.GOV/REP/NEWSROOM/
PRESS/CASSIDY-CALLS-FOR-VACCINE-COMMITTEE-MEETING- TO-BE-POSTPONED-FOL-
LOWING-CDC-DEPARTURES

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediate

2025-S8496 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8496
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             September 3, 2025
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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

 S. 8496                             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,
 S. 8496                             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.

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