S T A T E O F N E W Y O R K
________________________________________________________________________
8496--C
Cal. No. 315
2025-2026 Regular Sessions
I N S E N A T E
September 3, 2025
___________
Introduced by Sens. HINCHEY, RIVERA, BROUK, COONEY, FAHY, JACKSON,
KRUEGER, MAY, SKOUFIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Higher Education
in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- reported favorably from said committee, ordered to first and
second report, ordered to a third reading, amended and ordered
reprinted, retaining its place in the order of third reading
AN ACT to amend the education law and the insurance law, in relation to
the establishment of immunization administration regulations based on
the recommendations of certain entities
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] IN ACCORDANCE WITH
REGULATIONS ISSUED BY THE COMMISSIONER OF HEALTH, UTILIZING GENERALLY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13697-08-6
S. 8496--C 2
ACCEPTED MEDICAL STANDARDS AND TAKING INTO CONSIDERATION RECOMMENDATIONS
OF THE AMERICAN ACADEMY OF PEDIATRICS, THE AMERICAN ACADEMY OF FAMILY
PHYSICIANS, THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, THE
AMERICAN COLLEGE OF PHYSICIANS, THE ADVISORY COMMITTEE ON IMMUNIZATION
PRACTICES, ANY INTERSTATE BODY ESTABLISHED FOR PURPOSES OF REVIEWING AND
MAKING RECOMMENDATIONS REGARDING IMMUNIZATION COVERAGE AND ACCESS, OR
OTHER SIMILAR NATIONALLY OR INTERNATIONALLY RECOGNIZED SCIENTIFIC ORGAN-
IZATIONS, for patients eighteen years of age or older if the commission-
er of health in consultation with the commissioner determines that an
immunization: (i) (A) may be safely administered by a licensed pharma-
cist 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 addi-
tional risk factor or another indication [as recommended by the advisory
committee on immunization practices of the centers for disease control
and prevention] IN ACCORDANCE WITH REGULATIONS ISSUED BY THE COMMISSION-
ER OF HEALTH, UTILIZING GENERALLY ACCEPTED MEDICAL STANDARDS AND TAKING
INTO CONSIDERATION RECOMMENDATIONS OF THE AMERICAN ACADEMY OF PEDIA-
TRICS, THE AMERICAN ACADEMY OF FAMILY PHYSICIANS, THE AMERICAN COLLEGE
OF OBSTETRICIANS AND GYNECOLOGISTS, THE AMERICAN COLLEGE OF PHYSICIANS,
THE ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES, ANY INTERSTATE BODY
ESTABLISHED FOR PURPOSES OF REVIEWING AND MAKING RECOMMENDATIONS REGARD-
ING IMMUNIZATION COVERAGE AND ACCESS, OR OTHER SIMILAR NATIONALLY OR
INTERNATIONALLY RECOGNIZED SCIENTIFIC ORGANIZATIONS. Nothing in this
subdivision shall authorize unlicensed persons to administer immuniza-
tions, 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
practices (ACIP),] IN ACCORDANCE WITH REGULATIONS ISSUED BY THE COMMIS-
SIONER OF HEALTH, UTILIZING GENERALLY ACCEPTED MEDICAL STANDARDS AND
TAKING INTO CONSIDERATION RECOMMENDATIONS OF THE AMERICAN ACADEMY OF
PEDIATRICS, THE AMERICAN ACADEMY OF FAMILY PHYSICIANS, THE AMERICAN
COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, THE AMERICAN COLLEGE OF
PHYSICIANS, THE ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES, ANY INTER-
STATE BODY ESTABLISHED FOR PURPOSES OF REVIEWING AND MAKING RECOMMENDA-
TIONS REGARDING IMMUNIZATION COVERAGE AND ACCESS, OR OTHER SIMILAR
NATIONALLY OR INTERNATIONALLY RECOGNIZED SCIENTIFIC ORGANIZATIONS,
provided however, that a pharmacist may administer any immunization
authorized under this section when specified by a patient specific
order.
§ 3. 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 clearly visible posting of the most current "Recommended Adult
Immunization Schedule" [published by the advisory committee for immuni-
zation practices (ACIP)] IN ACCORDANCE WITH REGULATIONS ISSUED BY THE
COMMISSIONER OF HEALTH, UTILIZING GENERALLY ACCEPTED MEDICAL STANDARDS
AND TAKING INTO CONSIDERATION RECOMMENDATIONS OF THE AMERICAN ACADEMY OF
PEDIATRICS, THE AMERICAN ACADEMY OF FAMILY PHYSICIANS, THE AMERICAN
COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, THE AMERICAN COLLEGE OF
PHYSICIANS, THE ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES, ANY INTER-
S. 8496--C 3
STATE BODY ESTABLISHED FOR PURPOSES OF REVIEWING AND MAKING RECOMMENDA-
TIONS REGARDING IMMUNIZATION COVERAGE AND ACCESS, OR OTHER SIMILAR
NATIONALLY OR INTERNATIONALLY RECOGNIZED SCIENTIFIC ORGANIZATIONS; and
§ 4. 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] IN
ACCORDANCE WITH REGULATIONS ISSUED BY THE COMMISSIONER OF HEALTH,
UTILIZING GENERALLY ACCEPTED MEDICAL STANDARDS AND TAKING INTO CONSIDER-
ATION RECOMMENDATIONS OF THE AMERICAN ACADEMY OF PEDIATRICS, THE AMERI-
CAN ACADEMY OF FAMILY PHYSICIANS, THE AMERICAN COLLEGE OF OBSTETRICIANS
AND GYNECOLOGISTS, THE AMERICAN COLLEGE OF PHYSICIANS, THE ADVISORY
COMMITTEE ON IMMUNIZATION PRACTICES, ANY INTERSTATE BODY ESTABLISHED FOR
PURPOSES OF REVIEWING AND MAKING RECOMMENDATIONS REGARDING IMMUNIZATION
COVERAGE AND ACCESS, OR OTHER SIMILAR NATIONALLY OR INTERNATIONALLY
RECOGNIZED SCIENTIFIC ORGANIZATIONS for patients eighteen years of age
or older if the commissioner of health in consultation with the commis-
sioner determines that an immunization: (i)(A) may be safely adminis-
tered by a licensed pharmacist within their lawful scope of practice;
and (B) is needed to prevent the transmission of a reportable communica-
ble disease that is prevalent in New York state; or (ii) is a recom-
mended 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 immunization practices of
the centers for disease control and prevention] IN ACCORDANCE WITH REGU-
LATIONS ISSUED BY THE COMMISSIONER OF HEALTH, UTILIZING GENERALLY
ACCEPTED MEDICAL STANDARDS AND TAKING INTO CONSIDERATION RECOMMENDATIONS
OF THE AMERICAN ACADEMY OF PEDIATRICS, THE AMERICAN ACADEMY OF FAMILY
PHYSICIANS, THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, THE
AMERICAN COLLEGE OF PHYSICIANS, THE ADVISORY COMMITTEE ON IMMUNIZATION
PRACTICES, ANY INTERSTATE BODY ESTABLISHED FOR PURPOSES OF REVIEWING AND
MAKING RECOMMENDATIONS REGARDING IMMUNIZATION COVERAGE AND ACCESS, OR
OTHER SIMILAR NATIONALLY OR INTERNATIONALLY RECOGNIZED SCIENTIFIC ORGAN-
IZATIONS. 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.
§ 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,
S. 8496--C 4
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] IN ACCORD-
ANCE WITH REGULATIONS ISSUED BY THE COMMISSIONER OF HEALTH, UTILIZING
GENERALLY ACCEPTED MEDICAL STANDARDS AND TAKING INTO CONSIDERATION
RECOMMENDATIONS OF THE AMERICAN ACADEMY OF PEDIATRICS, THE AMERICAN
ACADEMY OF FAMILY PHYSICIANS, THE AMERICAN COLLEGE OF OBSTETRICIANS AND
GYNECOLOGISTS, THE AMERICAN COLLEGE OF PHYSICIANS, THE ADVISORY COMMIT-
TEE ON IMMUNIZATION PRACTICES, ANY INTERSTATE BODY ESTABLISHED FOR
PURPOSES OF REVIEWING AND MAKING RECOMMENDATIONS REGARDING IMMUNIZATION
COVERAGE AND ACCESS, OR OTHER SIMILAR NATIONALLY OR INTERNATIONALLY
RECOGNIZED SCIENTIFIC ORGANIZATIONS for patients eighteen years of age
or older if the commissioner of health in consultation with the commis-
sioner determines that an immunization: (i) (A) may be safely adminis-
tered by a licensed pharmacist within their lawful scope of practice;
and (B) is needed to prevent the transmission of a reportable communica-
ble disease that is prevalent in New York state; or (ii) is a recom-
mended 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 immunization practices of
the centers for disease control and prevention] IN ACCORDANCE WITH REGU-
LATIONS ISSUED BY THE COMMISSIONER OF HEALTH, UTILIZING GENERALLY
ACCEPTED MEDICAL STANDARDS AND TAKING INTO CONSIDERATION RECOMMENDATIONS
OF THE AMERICAN ACADEMY OF PEDIATRICS, THE AMERICAN ACADEMY OF FAMILY
PHYSICIANS, THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, THE
AMERICAN COLLEGE OF PHYSICIANS, THE ADVISORY COMMITTEE ON IMMUNIZATION
PRACTICES, ANY INTERSTATE BODY ESTABLISHED FOR PURPOSES OF REVIEWING AND
MAKING RECOMMENDATIONS REGARDING IMMUNIZATION COVERAGE AND ACCESS, OR
OTHER SIMILAR NATIONALLY OR INTERNATIONALLY RECOGNIZED SCIENTIFIC ORGAN-
IZATIONS. Nothing in this subdivision shall authorize unlicensed
persons to administer immunizations, vaccines or other drugs.
§ 6. 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] IN ACCORDANCE WITH REGULATIONS ISSUED BY THE
COMMISSIONER OF HEALTH, UTILIZING GENERALLY ACCEPTED MEDICAL STANDARDS
AND TAKING INTO CONSIDERATION RECOMMENDATIONS OF THE AMERICAN ACADEMY OF
PEDIATRICS, THE AMERICAN ACADEMY OF FAMILY PHYSICIANS, THE AMERICAN
COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, THE AMERICAN COLLEGE OF
PHYSICIANS, THE ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES, ANY INTER-
STATE BODY ESTABLISHED FOR PURPOSES OF REVIEWING AND MAKING RECOMMENDA-
TIONS REGARDING IMMUNIZATION COVERAGE AND ACCESS, OR OTHER SIMILAR
NATIONALLY OR INTERNATIONALLY RECOGNIZED SCIENTIFIC ORGANIZATIONS, with
respect to the individual involved;
§ 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
advisory committee on immunization practices of the centers for disease
control and prevention] IN ACCORDANCE WITH REGULATIONS ISSUED BY THE
COMMISSIONER OF HEALTH, UTILIZING GENERALLY ACCEPTED MEDICAL STANDARDS
S. 8496--C 5
AND TAKING INTO CONSIDERATION RECOMMENDATIONS OF THE AMERICAN ACADEMY OF
PEDIATRICS, THE AMERICAN ACADEMY OF FAMILY PHYSICIANS, THE AMERICAN
COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, THE AMERICAN COLLEGE OF
PHYSICIANS, THE ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES, ANY INTER-
STATE BODY ESTABLISHED FOR PURPOSES OF REVIEWING AND MAKING RECOMMENDA-
TIONS REGARDING IMMUNIZATION COVERAGE AND ACCESS, OR OTHER SIMILAR
NATIONALLY OR INTERNATIONALLY RECOGNIZED SCIENTIFIC ORGANIZATIONS, 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] IN ACCORDANCE WITH REGULATIONS ISSUED BY THE
COMMISSIONER OF HEALTH, UTILIZING GENERALLY ACCEPTED MEDICAL STANDARDS
AND TAKING INTO CONSIDERATION RECOMMENDATIONS OF THE AMERICAN ACADEMY OF
PEDIATRICS, THE AMERICAN ACADEMY OF FAMILY PHYSICIANS, THE AMERICAN
COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, THE AMERICAN COLLEGE OF
PHYSICIANS, THE ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES, ANY INTER-
STATE BODY ESTABLISHED FOR PURPOSES OF REVIEWING AND MAKING RECOMMENDA-
TIONS REGARDING IMMUNIZATION COVERAGE AND ACCESS, OR OTHER SIMILAR
NATIONALLY OR INTERNATIONALLY RECOGNIZED SCIENTIFIC ORGANIZATIONS, with
respect to the individual involved;
§ 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
advisory committee on immunization practices of the centers for disease
control and prevention] IN ACCORDANCE WITH REGULATIONS ISSUED BY THE
COMMISSIONER OF HEALTH, UTILIZING GENERALLY ACCEPTED MEDICAL STANDARDS
AND TAKING INTO CONSIDERATION RECOMMENDATIONS OF THE AMERICAN ACADEMY OF
PEDIATRICS, THE AMERICAN ACADEMY OF FAMILY PHYSICIANS, THE AMERICAN
COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, THE AMERICAN COLLEGE OF
PHYSICIANS, THE ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES, ANY INTER-
STATE BODY ESTABLISHED FOR PURPOSES OF REVIEWING AND MAKING RECOMMENDA-
TIONS REGARDING IMMUNIZATION COVERAGE AND ACCESS, OR OTHER SIMILAR
NATIONALLY OR INTERNATIONALLY RECOGNIZED SCIENTIFIC ORGANIZATIONS, with
respect to the individual involved;
§ 10. This act shall take effect immediately.
