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Senate Bill S9604

2025-2026 Legislative Session

Provides liability protections for health care providers who issue vaccines

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Current Bill Status - In Senate Committee Health Committee

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2025-S9604 (ACTIVE) - Details

See Assembly Version of this Bill:
A9140
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §2166, Pub Health L

2025-S9604 (ACTIVE) - Summary

Provides liability protections for health care providers who issue vaccines so long as such vaccination does not arise out of willful misconduct or gross negligence.

2025-S9604 (ACTIVE) - Sponsor Memo

2025-S9604 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9604
 
                             I N  S E N A T E
 
                              March 27, 2026
                                ___________
 
 Introduced  by  Sen. HINCHEY -- 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  liability
   protections for persons administering vaccinations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 2166 of the public health law, as added by  chapter
 573 of the laws of 1999, is amended to read as follows:
   §  2166.  Immunization;  regulations;  LIABILITY  PROTECTION.   1. The
 commissioner may promulgate regulations  with  respect  to  immunization
 conducted  by  a  home care services agency licensed pursuant to section
 thirty-six hundred five of this chapter or certified pursuant to section
 thirty-six hundred eight of this  chapter,  facilities  or  institutions
 established under article twenty-eight of this chapter, and other health
 care  providers and practitioners, including, but not limited to, stand-
 ards for the quality of care and services provided, consistent with  the
 education law.
   2.  NO  HOME CARE SERVICES AGENCY LICENSED PURSUANT TO SECTION THIRTY-
 SIX HUNDRED FIVE OF THIS CHAPTER OR CERTIFIED PURSUANT TO SECTION  THIR-
 TY-SIX  HUNDRED EIGHT OF THIS CHAPTER, FACILITIES OR INSTITUTIONS ESTAB-
 LISHED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER, AND OTHER HEALTH CARE
 PROVIDERS AND PRACTITIONERS, INCLUDING, BUT NOT  LIMITED  TO,  STANDARDS
 FOR  THE  QUALITY  OF  CARE  AND  SERVICES PROVIDED, CONSISTENT WITH THE
 EDUCATION LAW SHALL BE LIABLE FOR ANY INJURY CAUSED BY AN ACT  OR  OMIS-
 SION  IN THE ADMINISTRATION OF THE VACCINE OR OTHER IMMUNIZING AGENT, IF
 THE IMMUNIZATION IS PERFORMED PURSUANT TO  THIS  SECTION  IN  CONFORMITY
 WITH  APPLICABLE FEDERAL, STATE, OR LOCAL GOVERNMENTAL STANDARDS AND THE
 ACT OR OMISSION DOES NOT CONSTITUTE WILLFUL MISCONDUCT OR  GROSS  NEGLI-
 GENCE.  AS  USED  IN  THIS  SUBDIVISION,  "INJURY" INCLUDES THE RESIDUAL
 EFFECTS OF THE VACCINE OR OTHER IMMUNIZING AGENT.
   3. NOTWITHSTANDING ANY OTHER LAW, A PERSON SHALL NOT BE LIABLE FOR ANY
 INJURY CAUSED BY AN ACT OR OMISSION IN PRESCRIBING,  DISPENSING,  ORDER-
 ING, FURNISHING, OR IN THE ADMINISTRATION OF A VACCINE OR OTHER IMMUNIZ-
 ING  AGENT  TO A MINOR, INCLUDING THE RESIDUAL EFFECTS OF THE VACCINE OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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