BILL NUMBER: S8496A
SPONSOR: HINCHEY
 
TITLE OF BILL:
An act to amend the education law and the insurance 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), the
21st century workgroup for disease elimination and reduction established
pursuant to section 266-a of the public health law (WDER), or any inter-
state body established for purposes of reviewing and making recommenda-
tions regarding immunization coverage and access, 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, WDER, and
interstate bodies established for purposes of reviewing and making
recommendations regarding immunization coverage and access, to those
organizations authorized to make such recommendations for the commis-
sioners' 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, WDER, and
interstate bodies 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, WDER, and interstate bodies
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, WDER, and inter-
state bodies to the organizations authorized to make such recommenda-
tions for the commissioners' consideration.
Sections five through eight 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 IAC, WDER, and interstate
bodies to those for which a recommendation by such body requires insur-
ance coverage.
Section nine 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. 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. States have also begun form-
ing regional immunization working groups.
This bill builds on our existing state public health infrastructure by
allowing the commissioners to authorize immunizations recommended by the
two New York councils, or any interstate group 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