BILL NUMBER: S8496B
SPONSOR: HINCHEY
 
TITLE OF BILL:
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
 
PURPOSE:
This bill authorizes various healthcare practitioners to order and
administer immunizations recommended by nationally-recognized healthcare
organizations, or any interstate body established for purposes of
reviewing and making recommendations regarding immunization coverage and
access, in addition to those recommended by the federal advisory commit-
tee 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 various named
national professional medical organizations, or an interstate body
established for purposes of reviewing and making recommendations regard-
ing immunization coverage and access, to those organizations authorized
to make such recommendations for the commissioners' consideration.
Sections two, three, and four amend education law sections 6801 and 6802
governing pharmacy practice. Currently, pharmacists are authorized to
administer immunizations for a specific list of statutory diseases, or
any immunization recommended by ACIP if the commissioner of health, in
consultation with the commissioner of education, determines that such
immunization is sufficiently safe and necessary. This section adds the
same organizations as noted in section one to the existing law.
Section five 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 same organizations as
noted in section one to the existing law.
Sections six through nine amend various sections of insurance law
governing state coverage mandates. Currently, state law requires regu-
lated health plans to cover immunizations that have in effect a recom-
mendation by ACIP. These sections add the same organizations as noted in
section one to the existing law.
Section ten 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, and Insurance Law relies on ACIP guidance to mandate
insurance coverage for such immunizations.
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 US 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. The new Council has also made several immediate decisions regard-
ing vaccine policy that contradict decades of accepted medical practice.
New Yorkers are deeply concerned that we've lost a reliable source of
public health expertise and experience, especially as our laws are so
tied to ACIP. However, several national professional medical organiza-
tions such as the American Academy of Pediatrics and American Academy of
Physicians have long provided vaccine policy recommendations. States
have also begun considering regional alternatives to ACIP to share
information and review vaccine policy.
This bill therefore builds on our existing resources by allowing the
commissioners to authorize immunizations recommended by these profes-
sional medical organizations, or by interstate groups formed for
purposes of reviewing immunizations, in addition to any recommended by
ACIP. The bill also requires health insurance coverage of vaccines
recommended by these groups, as is required for ACIP-recommended
vaccines under state law today.
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 poli-
tical interference. 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, American Public Health Associ-
ation.
"Cassidy Calls for Vaccine Committee Meeting to be Postponed Following
CDC Departure," 8/28/25 press release, US Sen. Bill Cassidy
 
LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
Immediate

Statutes affected:
S8496: 6527 education law, 6527(7) education law, 6801 education law, 6801(2) education law, 6802 education law, 6802(22) education law, 6909 education law, 6909(7) education law
S8496B: 6527 education law, 6527(7) education law, 6801 education law, 6801(2) education law, 6801(4) education law, 6802 education law, 6802(22) education law, 6909 education law, 6909(7) education law, 3216 insurance law, 3216(i) insurance law, 3221 insurance law, 3221(l) insurance law, 4303 insurance law, 4303(j) insurance law, 4322 insurance law, 4322(b) insurance law