BILL NUMBER: S8716
SPONSOR: HINCHEY
 
TITLE OF BILL:
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
 
PURPOSE OR GENERAL IDEA OF BILL:
To allow pharmacists and other medical professionals to administer
COVID-19 immunizations and prescribe medications that prevent COVID-19
in New York State.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends paragraph a and b of subdivision 7 of section 6527 of
the education law to add that a licensed physician may prescribe and
order a patient specific order or non patient specific regimen to a
licensed pharmacist to administer immunizations to prevent COVID-19 for
patients 2 years or older.
Section 2: Amends section 6801 of the education law to add a new subdi-
vision that allows a licensed pharmacist to prescribe and order medica-
tions to prevent covid-19 to patients who are two years or older.
Section 3: Amends paragraph a of subdivision 22 of section 6802 of the
education law to add COVID-19 to the definition of administer to author-
ize pharmacists to administer such immunization to patients 2 years of
age and older. This section also authorizes the commissioner of health,
if they determine there is an outbreak of COVID-19 or a threat of an
outbreak, to issue a statewide standing order for COVID-19 immuniza-
tions.
Section 4: Amends paragraphs a and b of subdivision 7 of section 6909 of
the education law to add that a certified nurse practitioner can
prescribe and order a patient specific order or non patient specific
order to a licensed pharmacist of immunizations of COVID-19 to .a
patient 2 years or older.
Section 5: Establishes that this act shall take effect immediately
 
JUSTIFICATION:
The federal advisory committee on immunization practices (AGIN 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.
However, ACIP has undergone an unprecedented political purge in which
all seventeen of its members were fired simultaneously. New members of
the ACIP have been handpicked by the Health and Human Services Secretary
and have been reported to share similar anti-vaccine views. In Septem-
ber, the Latest members of the AC1P issued new recommendations that make
the COVID-19 vaccine far less accessible, stating that individuals
should receive the COVID vaccine only after consulting a healthcare
provider.
In response, Governor Hochul issued Executive Order No. 52 to expand
COVID vaccine access in the short term. However, the Executive Order is
valid for only 30 days and would need to be renewed each month to main-
tain this access. The Governor also included provisions in the proposed
FY 2025 Executive budget (HMH Bill - Subpart C), that authorized pharma-
cists to administer COVID-19 vaccines to patients 2 years of age or
older.
This legislation will essentially codify the executive order by author-
izing physicians and nurse practitioners to prescribe and order a
patient-specific or non-patient-specific regimen of COVID-19 vaccines
for pharmacists to administer to patients age two or older. A licensed
pharmacist within their lawful scope of practice may prescribe and order
medications to prevent COVID-19 to patients two years of age or older.
It will also allow the Commissioner of Health, if they determine there
is an outbreak of COVID-19 or a threat of an outbreak, to issue a state-
wide standing order for COVID-19 immunizations.
New York adults and children should be able to receive vaccines easily
and safely at their local pharmacies. Due to misinformed and politically
charged policies at the federal level, access to life saving immuniza-
tions are in jeopardy. This legislation ensures New York families can
continue to access COVID-19 vaccines.
 
PRIOR LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect immediately

Statutes affected:
S8716: 6527 education law, 6527(7) education law, 6801 education law, 6802 education law, 6802(22) education law, 6909 education law, 6909(7) education law