S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10303
 
                           I N  A S S E M B L Y
 
                               May 17, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. McMahon) --
   read once and referred to the Committee on Higher Education
 
 AN ACT to amend the education law and the public health law, in relation
   to authorizing certain nursing students to administer certain vaccines
   pursuant to patient specific orders or non-patient specific orders and
   authorizing physicians and certified nurse practitioners to  prescribe
   and  order a patient specific order or non-patient specific order to a
   nursing student to administer certain vaccines
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  6901 of the education law is amended by adding a
 new subdivision 4 to read as follows:
   4. "NURSING STUDENT" SHALL MEAN ANY PERSON EITHER RECEIVING AN  EDUCA-
 TION  IN NURSING OR WHO HAS COMPLETED AN EDUCATION IN NURSING WITHIN THE
 PRIOR YEAR, WHERE COMPLETING SUCH EDUCATION IN NURSING MAY  PERMIT  SUCH
 PERSON TO BE GRANTED LICENSURE UNDER THIS ARTICLE IN ACCORDANCE WITH THE
 APPLICABLE COMMISSIONER'S REGULATIONS.
   § 2. The education law is amended by adding a new section 6913 to read
 as follows:
   §  6913.  VACCINATION BY NURSING STUDENTS. 1. ANY NURSING STUDENT MAY,
 PURSUANT TO A PATIENT SPECIFIC ORDER OR  A  NON-PATIENT  SPECIFIC  ORDER
 UNDER  SECTIONS  SIXTY-NINE  HUNDRED NINE AND SIXTY-FIVE HUNDRED TWENTY-
 SEVEN OF THIS TITLE WHILE OVERSEEN OR  APPROVED  BY  THE  DEPARTMENT  OF
 HEALTH OR LOCAL HEALTH DEPARTMENTS AND OPERATED UNDER THE MEDICAL SUPER-
 VISION  OF LICENSED PHYSICIANS, LICENSED PHYSICIAN ASSISTANTS, OR CERTI-
 FIED NURSE PRACTITIONERS: (A)  ADMINISTERING  IMMUNIZATIONS  TO  PREVENT
 INFLUENZA  TO  PATIENTS TWO YEARS OF AGE OR OLDER; AND (B) ADMINISTERING
 IMMUNIZATIONS TO PREVENT PNEUMOCOCCAL, ACUTE HERPES ZOSTER, HEPATITIS A,
 HEPATITIS B, HUMAN PAPILLOMAVIRUS, MEASLES, MUMPS,  RUBELLA,  VARICELLA,
 COVID-19,  MENINGOCOCCAL,  TETANUS,  DIPHTHERIA OR PERTUSSIS DISEASE AND
 MEDICATIONS REQUIRED FOR EMERGENCY TREATMENT OF ANAPHYLAXIS TO  PATIENTS
 EIGHTEEN  YEARS  OF  AGE OR OLDER; AND (C) ADMINISTERING OTHER IMMUNIZA-
 TIONS RECOMMENDED BY THE ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES OF
 THE CENTERS FOR DISEASE CONTROL AND  PREVENTION  FOR  PATIENTS  EIGHTEEN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13286-01-3
 A. 10303                            2

 YEARS OF AGE OR OLDER IF THE COMMISSIONER OF HEALTH IN CONSULTATION WITH
 THE  COMMISSIONER DETERMINES THAT AN IMMUNIZATION: (I) (A) MAY BE SAFELY
 ADMINISTERED BY A LICENSED PHARMACIST WITHIN THEIR LAWFUL SCOPE OF PRAC-
 TICE;  AND  (B)  IS  NEEDED  TO PREVENT THE TRANSMISSION OF A REPORTABLE
 COMMUNICABLE DISEASE THAT IS PREVALENT IN NEW YORK STATE; OR (II)  IS  A
 RECOMMENDED  IMMUNIZATION  FOR  SUCH PATIENTS WHO: (A) MEET AGE REQUIRE-
 MENTS, (B) LACK DOCUMENTATION OF SUCH IMMUNIZATION, (C) LACK EVIDENCE OF
 PAST INFECTION, OR (D) HAVE AN ADDITIONAL RISK FACTOR OR  ANOTHER  INDI-
 CATION  AS  RECOMMENDED  BY THE ADVISORY COMMITTEE ON IMMUNIZATION PRAC-
 TICES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION.
   2. PRIOR TO  ADMINISTERING  IMMUNIZATIONS,  A  NURSING  STUDENT  SHALL
 RECEIVE  TRAINING  IN  THE FOLLOWING AREAS, AS DETERMINED BY THE COMMIS-
 SIONER OF HEALTH AFTER CONSULTATION WITH THE COMMISSIONER:
   (A) TECHNIQUES, INDICATIONS, PRECAUTIONS, CONTRAINDICATIONS, INFECTION
 CONTROL PRACTICES;
   (B) USE OF PERSONAL PROTECTIVE EQUIPMENT  SUFFICIENT  TO  PROVIDE  THE
 BASIC LEVEL OF COMPETENCE FOR SUCH TASKS; AND
   (C)  A  CURRENT  CERTIFICATE  IN  BASIC CARDIOPULMONARY RESUSCITATION,
 WHICH AT A MINIMUM MUST INCLUDE A CERTIFICATION IN BASIC CARDIOPULMONARY
 RESUSCITATION BY AN ONLINE PROGRAM THAT HAS RECEIVED ACCREDITATION  FROM
 THE  AMERICAN NURSES CREDENTIALING CENTER, THE ACCREDITATION COUNCIL FOR
 PHARMACY EDUCATION (ACPE), OR THE ACCREDITATION COUNCIL  FOR  CONTINUING
 MEDICAL EDUCATION.
   3. WHEN A NURSING STUDENT ADMINISTERS AN IMMUNIZATION, THEY SHALL:
   (A)  REPORT  SUCH  ADMINISTRATION  TO  THE DEPARTMENT OF HEALTH EITHER
 THROUGH THE STATEWIDE IMMUNIZATION INFORMATION SYSTEM  OR  THE  CITYWIDE
 IMMUNIZATION  REGISTRY  UNDER  SECTION TWENTY-ONE HUNDRED SIXTY-EIGHT OF
 THE PUBLIC HEALTH LAW; AND
   (B) PRIOR TO ADMINISTERING THE IMMUNIZATION, INFORM  THE  PATIENT  OR,
 WHERE APPLICABLE, THE PERSON LEGALLY RESPONSIBLE FOR THE PATIENT, ON THE
 IMPORTANCE OF HAVING A PRIMARY HEALTH CARE PRACTITIONER.
   §  3.  Paragraph  (b)  of  subdivision 3 of section 2168 of the public
 health law is amended by adding a new  subparagraph  (iii)  to  read  as
 follows:
   (III)  A NURSING STUDENT, AS DEFINED IN SECTION SIXTY-NINE HUNDRED ONE
 OF THE EDUCATION LAW, WHO ADMINISTERS  A  VACCINE  PURSUANT  TO  SECTION
 SIXTY-NINE  HUNDRED  THIRTEEN  OF THE EDUCATION LAW TO A PERSON NINETEEN
 YEARS OF AGE OR OLDER SHALL, WITH THE CONSENT OF  THE  VACCINEE,  REPORT
 ALL  SUCH  IMMUNIZATIONS TO THE DEPARTMENT IN A FORMAT PRESCRIBED BY THE
 COMMISSIONER WITHIN FOURTEEN DAYS OF ADMINISTRATION  OF  SUCH  IMMUNIZA-
 TIONS.  A  NURSING STUDENT, AS DEFINED IN SECTION SIXTY-NINE HUNDRED ONE
 OF THE EDUCATION LAW, WHO ADMINISTERS  A  VACCINE  PURSUANT  TO  SECTION
 SIXTY-NINE  HUNDRED  THIRTEEN  OF THE EDUCATION LAW TO A PERSON NINETEEN
 YEARS OF AGE OR OLDER IN THE CITY OF NEW YORK SHALL, WITH THE CONSENT OF
 THE VACCINEE, REPORT IN A FORMAT PRESCRIBED BY  THE  CITY  OF  NEW  YORK
 COMMISSIONER OF HEALTH AND MENTAL HYGIENE, ALL SUCH IMMUNIZATIONS TO THE
 CITYWIDE IMMUNIZATION REGISTRY.
   §  4.  Section  6527  of  the education law is amended by adding a new
 subdivision 7-b to read as follows:
   7-B. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A  PATIENT  SPECIFIC
 ORDER  OR  A NON-PATIENT SPECIFIC ORDER TO A NURSING STUDENT, AS DEFINED
 IN SECTION SIXTY-NINE HUNDRED ONE OF THIS TITLE, PURSUANT TO REGULATIONS
 MADE BY THE COMMISSIONER, AND CONSISTENT WITH  THE  PUBLIC  HEALTH  LAW,
 FOR:  (A)  ADMINISTERING  IMMUNIZATIONS TO PREVENT INFLUENZA TO PATIENTS
 TWO YEARS OF AGE  OR  OLDER;  AND  (B)  ADMINISTERING  IMMUNIZATIONS  TO
 PREVENT  PNEUMOCOCCAL,  ACUTE  HERPES  ZOSTER, HEPATITIS A, HEPATITIS B,
 A. 10303                            3
 
 HUMAN PAPILLOMAVIRUS,  MEASLES,  MUMPS,  RUBELLA,  VARICELLA,  COVID-19,
 MENINGOCOCCAL,  TETANUS, DIPHTHERIA OR PERTUSSIS DISEASE AND MEDICATIONS
 REQUIRED FOR EMERGENCY TREATMENT OF  ANAPHYLAXIS  TO  PATIENTS  EIGHTEEN
 YEARS  OF AGE OR OLDER; AND (C) ADMINISTERING OTHER IMMUNIZATIONS RECOM-
 MENDED BY THE  ADVISORY  COMMITTEE  ON  IMMUNIZATION  PRACTICES  OF  THE
 CENTERS  FOR  DISEASE CONTROL AND PREVENTION FOR PATIENTS EIGHTEEN YEARS
 OF AGE OR OLDER IF THE COMMISSIONER OF HEALTH IN CONSULTATION  WITH  THE
 COMMISSIONER  DETERMINES  THAT  AN  IMMUNIZATION:  (I) (A) MAY BE SAFELY
 ADMINISTERED BY A LICENSED PHARMACIST WITHIN THEIR LAWFUL SCOPE OF PRAC-
 TICE; AND (B) IS NEEDED TO PREVENT  THE  TRANSMISSION  OF  A  REPORTABLE
 COMMUNICABLE  DISEASE  THAT IS PREVALENT IN NEW YORK STATE; OR (II) IS A
 RECOMMENDED IMMUNIZATION FOR SUCH PATIENTS WHO: (A)  MEET  AGE  REQUIRE-
 MENTS, (B) LACK DOCUMENTATION OF SUCH IMMUNIZATION, (C) LACK EVIDENCE OF
 PAST  INFECTION,  OR (D) HAVE AN ADDITIONAL RISK FACTOR OR ANOTHER INDI-
 CATION AS RECOMMENDED BY THE ADVISORY COMMITTEE  ON  IMMUNIZATION  PRAC-
 TICES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION.
   §  5.  Section  6909  of  the education law is amended by adding a new
 subdivision 7-a to read as follows:
   7-A. A CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND ORDER A  PATIENT
 SPECIFIC  ORDER  OR  A  NON-PATIENT  SPECIFIC ORDER TO A NURSING STUDENT
 PURSUANT TO REGULATIONS MADE BY THE COMMISSIONER,  AND  CONSISTENT  WITH
 THE  PUBLIC  HEALTH LAW, FOR: (A) ADMINISTERING IMMUNIZATIONS TO PREVENT
 INFLUENZA TO PATIENTS TWO YEARS OF AGE OR OLDER; AND  (B)  ADMINISTERING
 IMMUNIZATIONS TO PREVENT PNEUMOCOCCAL, ACUTE HERPES ZOSTER, HEPATITIS A,
 HEPATITIS  B,  HUMAN PAPILLOMAVIRUS, MEASLES, MUMPS, RUBELLA, VARICELLA,
 COVID-19, MENINGOCOCCAL, TETANUS, DIPHTHERIA OR  PERTUSSIS  DISEASE  AND
 MEDICATIONS  REQUIRED FOR EMERGENCY TREATMENT OF ANAPHYLAXIS TO PATIENTS
 EIGHTEEN YEARS OF AGE OR OLDER; AND (C)  ADMINISTERING  OTHER  IMMUNIZA-
 TIONS RECOMMENDED BY THE ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES OF
 THE  CENTERS  FOR  DISEASE  CONTROL AND PREVENTION FOR PATIENTS EIGHTEEN
 YEARS OF AGE OR OLDER IF THE COMMISSIONER OF HEALTH IN CONSULTATION WITH
 THE COMMISSIONER DETERMINES THAT AN IMMUNIZATION: (I) (A) MAY BE  SAFELY
 ADMINISTERED BY A LICENSED PHARMACIST WITHIN THEIR LAWFUL SCOPE OF PRAC-
 TICE;  AND  (B)  IS  NEEDED  TO PREVENT THE TRANSMISSION OF A REPORTABLE
 COMMUNICABLE DISEASE THAT IS PREVALENT IN NEW YORK STATE; OR (II)  IS  A
 RECOMMENDED  IMMUNIZATION  FOR  SUCH PATIENTS WHO: (A) MEET AGE REQUIRE-
 MENTS, (B) LACK DOCUMENTATION OF SUCH IMMUNIZATION, (C) LACK EVIDENCE OF
 PAST INFECTION, OR (D) HAVE AN ADDITIONAL RISK FACTOR OR  ANOTHER  INDI-
 CATION  AS  RECOMMENDED  BY THE ADVISORY COMMITTEE ON IMMUNIZATION PRAC-
 TICES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION.
   § 6. This act shall take effect immediately.