BILL NUMBER: S8495
SPONSOR: LIU
 
TITLE OF BILL:
An act to amend the education law, in relation to allowing pharmacists
to administer certain vaccines pursuant to a statewide order; and to
amend the public health law, in relation to the authority of the commis-
sioner of health
 
PURPOSE:
To expand access to immunizations across New York State by authorizing
the Commissioner of Health to issue statewide standing orders permitting
the administration of FDA-approved vaccines recommended by the New York
State Immunization Advisory Council, even if they are not yet included
in the CDC Advisory Committee on Immunization Practices (ACIP) schedule.
 
SUMMARY OF PROVISIONS:
Section 1 amends Section 6801(2)(e) of the Education Law to allow the
administration of medically recommended, FDA-approved immunizations
authorized by the Commissioner of the Department of Health.
Section 2 empowers the Commissioner of the Department of Health to issue
a standing order authorizing the administration of immunizations.
Section 3 provides for an effective date.
 
JUSTIFICATION:
As reported by the New York Times, pharmacies, such as CVS and
Walgreens, have stopped offering the COVID-19 vaccine in more than a
dozen states, including New York, due to inaction by the CDC, jeopardiz-
ing public health.
Under current law, the ability of pharmacies to provide vaccinations is
largely tied to the CDC's Advisory Committee on Immunization Practices
(ACIP) schedule, which may not always reflect the latest developments in
medical science, FDA approvals, or urgent public health needs. Further,
the CDC has recently issued confusing guidance about important vaccines,
such as the COVID-19 vaccine, leading to an increasingly politicized
environment within the CDC vaccine committee in recent months. This has
led to a stifling regulatory environment for pharmacies, resulting in a
lack of availability for certain vaccines in New York State.
By granting the Commissioner of the Department of Health the ability to
authorize vaccines through statewide protocols, this bill ensures that
New Yorkers can benefit from timely access to new, FDA approved
vaccines, specifically those recommended by the New York State immuniza-
tion advisory council and Department of Health. This flexibility is
especially critical in responding to emerging infectious diseases,
seasonal outbreaks, and rapidly evolving medical guidance.
Pharmacists are among the most accessible healthcare providers in the
state, and empowering them to administer a broader range of vaccines
under DOH standing orders will improve public health outcomes, reduce
burdens on physicians' offices and clinics, and help address disparities
in vaccination access.
 
FISCAL IMPLICATIONS:
None to state.
 
LEGISLATIVE HISTORY:
This is a new bill.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S8495: 6801 education law, 6801(2) education law, 206 public health law, 206(1) public health law