Bill Text: NY S03826 | 2025-2026 | General Assembly | Introduced
Bill Title: Authorizes the administration of the mpox vaccine by a pharmacist or a certified nurse practitioner.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-30 - REFERRED TO HIGHER EDUCATION [S03826 Detail]
Download: New_York-2025-S03826-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3826 2025-2026 Regular Sessions IN SENATE January 30, 2025 ___________ Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law, in relation to the administration of certain immunizations by a pharmacist or a certified nurse practition- er The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 7 of section 6527 of the education law, as 2 amended by chapter 555 of the laws of 2021, is amended to read as 3 follows: 4 7. A licensed physician may prescribe and order a patient specific 5 order or non-patient specific regimen to a licensed pharmacist, pursuant 6 to regulations promulgated by the commissioner, and consistent with the 7 public health law, for: (a) administering immunizations to prevent 8 influenza to patients two years of age or older; and (b) administering 9 immunizations to prevent pneumococcal, acute herpes zoster, hepatitis A, 10 hepatitis B, human papillomavirus, measles, mumps, mpox, rubella, vari- 11 cella, COVID-19, meningococcal, tetanus, diphtheria or pertussis disease 12 and medications required for emergency treatment of anaphylaxis to 13 patients eighteen years of age or older; and (c) administering other 14 immunizations recommended by the advisory committee on immunization 15 practices of the centers for disease control and prevention for patients 16 eighteen years of age or older if the commissioner of health in consul- 17 tation with the commissioner determines that an immunization: (i) (A) 18 may be safely administered by a licensed pharmacist within their lawful 19 scope of practice; and (B) is needed to prevent the transmission of a 20 reportable communicable disease that is prevalent in New York state; or 21 (ii) is a recommended immunization for such patients who: (A) meet age 22 requirements, (B) lack documentation of such immunization, (C) lack 23 evidence of past infection, or (D) have an additional risk factor or 24 another indication as recommended by the advisory committee on immuniza- 25 tion practices of the centers for disease control and prevention. Noth- 26 ing in this subdivision shall authorize unlicensed persons to administer 27 immunizations, vaccines or other drugs. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07146-01-5S. 3826 2 1 § 2. Subparagraph 1 of paragraph a of subdivision 22 of section 6802 2 of the education law, as amended by chapter 802 of the laws of 2022, is 3 amended to read as follows: 4 (1) the direct application of an immunizing agent to adults, whether 5 by injection, ingestion, inhalation or any other means, pursuant to a 6 patient specific order or non-patient specific regimen prescribed or 7 ordered by a physician or certified nurse practitioner, for: immuniza- 8 tions to prevent influenza, pneumococcal, acute herpes zoster, hepatitis 9 A, hepatitis B, human papillomavirus, measles, mumps, mpox, rubella, 10 varicella, COVID-19, meningococcal, tetanus, diphtheria or pertussis 11 disease and medications required for emergency treatment of anaphylaxis; 12 and other immunizations recommended by the advisory committee on immuni- 13 zation practices of the centers for disease control and prevention for 14 patients eighteen years of age or older if the commissioner of health in 15 consultation with the commissioner determines that an immunization: 16 (i)(A) may be safely administered by a licensed pharmacist within their 17 lawful scope of practice; and (B) is needed to prevent the transmission 18 of a reportable communicable disease that is prevalent in New York 19 state; or (ii) is a recommended immunization for such patients who: (A) 20 meet age requirements, (B) lack documentation of such immunization, (C) 21 lack evidence of past infection, or (D) have an additional risk factor 22 or another indication as recommended by the advisory committee on immun- 23 ization practices of the centers for disease control and prevention. If 24 the commissioner of health determines that there is an outbreak of 25 disease, or that there is the imminent threat of an outbreak of disease, 26 then the commissioner of health may issue a non-patient specific regimen 27 applicable statewide. 28 § 3. Subdivision 7 of section 6909 of the education law, as amended by 29 chapter 555 of the laws of 2021, is amended to read as follows: 30 7. A certified nurse practitioner may prescribe and order a patient 31 specific order or non-patient specific regimen to a licensed pharmacist, 32 pursuant to regulations promulgated by the commissioner, and consistent 33 with the public health law, for: (a) administering immunizations to 34 prevent influenza to patients two years of age or older; and (b) admin- 35 istering immunizations to prevent pneumococcal, acute herpes zoster, 36 hepatitis A, hepatitis B, human papillomavirus, measles, mumps, mpox, 37 rubella, varicella, COVID-19, meningococcal, tetanus, diphtheria or 38 pertussis disease and medications required for emergency treatment of 39 anaphylaxis to patients eighteen years of age or older; and (c) adminis- 40 tering other immunizations recommended by the advisory committee on 41 immunization practices of the centers for disease control and prevention 42 for patients eighteen years of age or older if the commissioner of 43 health in consultation with the commissioner determines that an immuni- 44 zation: (i) (A) may be safely administered by a licensed pharmacist 45 within their lawful scope of practice; and (B) is needed to prevent the 46 transmission of a reportable communicable disease that is prevalent in 47 New York state; or (ii) is a recommended immunization for such patients 48 who: (A) meet age requirements, (B) lack documentation of such immuniza- 49 tion, (C) lack evidence of past infection, or (D) have an additional 50 risk factor or another indication as recommended by the advisory commit- 51 tee on immunization practices of the centers for disease control and 52 prevention. Nothing in this subdivision shall authorize unlicensed 53 persons to administer immunizations, vaccines or other drugs. 54 § 4. This act shall take effect immediately.
