Senate Bill S8716

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8716
 
                             I N  S E N A T E
 
                              January 7, 2026
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed 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-
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13959-02-5
 S. 8716                             2
 
   §  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.