BILL NUMBER: S9598
SPONSOR: STAVISKY
 
TITLE OF BILL:
An act to amend the public health law, the education law and the social
services law, in relation to immunization vaccines for children
 
PURPOSE:
This bill would ensure that immunizations are available in New York
pursuant to standards issued by the Commissioner of Health, utilizing
generally accepted medical standards and taking into consideration
recommendations of the American Academy of Pediatrics, the American
Academy of Family Physicians, the American College of Obstetricians and
Gynecologists, the American College of Physicians, and other nationally
or internationally recognized scientific organizations. The bill would
also authorize pharmacists to administer COVID-19 vaccines to patients
two years and older pursuant to a patient specific order or non-patient
specific regimen prescribed or ordered by a physician or nurse practi-
tioner.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 2164 of the Public Health Law to
remove provisions tying children's immunization requirements only to
standards promulgated by the federal government in favor of standards
issued by the Commissioner of Health, utilizing generally accepted
medical standards and taking into consideration recommendations of the
American Academy of Pediatrics, the American Academy of Family Physi-
cians, the American College of Obstetricians and Gynecologists, the
American College of Physicians, and other nationally or internationally
recognized scientific organizations. The Commissioner may also continue
to consider the recommendations of the Advisory Committee on Immuniza-
tion Practices.
Section 2 of the bill amends section 2165 of the Public Health Law to
make a corresponding change to the definition of "immunization."
Section 3 of the bill amends section 2167 of the Public Health Law to
make a corresponding change to the definition of "immunization."
Section 4 of the bill amends section 6527 of the Education Law to
authorize physicians to prescribe and order a patient order or non-pa-
tient specific regimen to licensed pharmacists to administer a COVID-19
immunization to a patient two years or older. Section 4 also removes a
reference to the Advisory Committee on Immunization Practices in section
6527.
Section 5 of the bill amends section 6802 of the Education Law to
authorize pharmacists to administer COVID-19 vaccines to patients ages
two years or older. Section 5 also removes a reference to the Advisory
Committee on Immunization Practices in section 6802.
Section 6 of the bill amends section 6909 of the Education Law to
authorize nurse practitioners to prescribe and order a patient order or
non-patient specific regimen to licensed pharmacists to administer a
COVID-19 immunization to a patient two years or older. Section 6 also
removes a reference to the Advisory Committee on Immunization Practices
in section 6527.
Section 7 of the bill amends section 6801 of the Education Law to remove
references to the Advisory Committee on Immunization Practices.
Section 8 of the bill amends section 2803-j of the Public Health Law to
remove a reference to the Advisory Committee on Immunization Practices.
Section 9 of the bill amends section 131 of the Social Services Law to
remove a reference to the Advisory Committee on Immunization Practices.
Section 10 of the bill establishes an immediate effective date.
 
EXISTING LAW:
Current state law governing immunization requirements for children and
newborns and medical professionals' authority to prescribe and adminis-
ter immunizations is tied to recommendations made by the Advisory
Committee on Immunization Practices, a federal body charged with recom-
mending immunizations to the Center for Disease Control. State law does
not currently authorize pharmacists to administer COVID-19 immunizations
to children, although pharmacists are authorized to do so by federal
law.
 
JUSTIFICATION:
Protecting the health and wellbeing of New York residents is one of the
foremost responsibilities of State government. An important part of
fulfilling this role is to ensure that residents have access to the
immunizations they need to stay healthy. Vaccines are safe, effective
and have proven to be one of the most successful public health inter-
ventions, significantly reducing childhood mortality and morbidity from
preventable disease.
Historically, the federal government has made recommendations regarding
immunizations based upon the rigorous evaluation of sound science and
medicine, and thus been aligned with the State on immunization policy.
This alignment is reflected in current State law, which ties childhood
vaccine schedules to recommendations made by the Advisory Committee on
Immunization Practices. The Committee, which advises the Center for
Disease Control on immunization policy, has long agreed with the scien-
tific and medical consensus that immunizations are critical to protect-
ing public health and safety. Unfortunately, the current federal admin-
istration does not share in this consensus and has replaced many of the
medical experts on the Committee with immunization skeptics that appear
unwilling to maintain evidence-based immunization recommendations that
prioritize public health.
To ensure that access to life-saving immunizations continues unabated in
New York, it is essential to amend State law to eliminate reliance sole-
ly on recommendations from the federal government. The bill does so by
removing references to the Committee, and replacing those references
with recommendations issued by the Commissioner of Health in consulta-
tion with trusted scientific organizations including the American Acade-
my of Pediatrics, the American Academy of Family Physicians, the Ameri-
can College of Obstetricians and Gynecologists, the American College of
Physicians, and other nationally or internationally recognized scientif-
ic organizations that continue to value recommendations grounded in the
highest quality scientific evidence. The Commissioner may also continue
to consider the recommendations of the Advisory Committee on Immuniza-
tion Practices. The bill also authorizes pharmacists to administer the
COVID-19 immunization, something pharmacists are currently authorized to
do under federal law.
 
LEGISLATIVE HISTORY
This is a new bill.
 
BUDGET IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Immediate.

Statutes affected:
S9598: 2164 public health law, 2164(2) public health law, 2165 public health law, 2165(1) public health law, 2167 public health law, 2167(1) public health law, 6527 education law, 6527(7) education law, 6802 education law, 6802(22) education law, 6909 education law, 6909(7) education law, 2803-j public health law, 2803-j(5) public health law, 131 social services law, 131(13) social services law