S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1092
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M. of A. McDONALD, LUPARDO, GALLAHAN, OTIS, BUTTENSCHON,
   FAHY, MILLER, SANTABARBARA, KELLES -- Multi-Sponsored by -- M.  of  A.
   ANGELINO,  J. M. GIGLIO  -- read once and referred to the Committee on
   Health
 
 AN ACT to amend the public health law, in relation to authorizing  emer-
   gency  medical  technicians to administer certain vaccines pursuant to
   non-patient specific orders and under the authority  of  an  emergency
   medical  services director; to amend the education law, in relation to
   authorizing physicians and certified nurse practitioners to  prescribe
   and order a non-patient specific order to an emergency medical techni-
   cian  to  administer certain vaccines; and providing for the repeal of
   such provisions upon the expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 3005-c to read as follows:
   § 3005-C. VACCINATION BY EMERGENCY MEDICAL TECHNICIANS.  1.  EMERGENCY
 MEDICAL  TECHNICIANS MAY, PURSUANT TO A NON-PATIENT SPECIFIC ORDER UNDER
 SECTIONS SIXTY-NINE HUNDRED NINE AND SIXTY-FIVE HUNDRED TWENTY-SEVEN  OF
 THE  EDUCATION  LAW  AND  UNDER  THE  AUTHORITY  OF AN EMERGENCY MEDICAL
 SERVICES DIRECTOR WHILE OVERSEEN OR APPROVED BY THE DEPARTMENT OF HEALTH
 OR LOCAL HEALTH DEPARTMENTS AND OPERATED UNDER THE  MEDICAL  SUPERVISION
 OF  LICENSED  PHYSICIANS,  LICENSED  PHYSICIAN  ASSISTANTS, OR CERTIFIED
 NURSE PRACTITIONERS ADMINISTER IMMUNIZATIONS  TO  PREVENT  INFLUENZA  TO
 PERSONS  TWO  YEARS  OF  AGE  OR  OLDER, AND ADMINISTER IMMUNIZATIONS TO
 PREVENT COVID-19 TO PERSONS EIGHTEEN YEARS OF  AGE  OR  OLDER,  PROVIDED
 THAT  SUCH INDIVIDUALS FIRST RECEIVE TRAINING IN THE FOLLOWING AREAS, AS
 DETERMINED BY THE COMMISSIONER AFTER CONSULTATION WITH THE  COMMISSIONER
 OF EDUCATION:
   (A) TECHNIQUES, INDICATIONS, PRECAUTIONS, CONTRAINDICATIONS, INFECTION
 CONTROL PRACTICES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02607-02-3
              

 A. 1092                             2
 
   (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.
   2. WHEN AN EMERGENCY MEDICAL TECHNICIAN ADMINISTERS AN IMMUNIZATION TO
 PREVENT INFLUENZA OR COVID-19, 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
 THIS CHAPTER; 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.
   §  2.  Subparagraph  (ii) of paragraph (b) of subdivision 3 of section
 2168 of the public health law, as amended by chapter 420 of the laws  of
 2014,  is  amended  and  a  new  subparagraph  (iii) is added to read as
 follows:
   (ii) A registered professional nurse, or a pharmacist who  administers
 a vaccine pursuant to subdivision two of section sixty-eight hundred one
 of the education law, OR AN EMERGENCY MEDICAL TECHNICIAN WHO ADMINISTERS
 AN  IMMUNIZATION  TO  PREVENT  INFLUENZA OR COVID-19 UNDER SECTION THREE
 THOUSAND FIVE-C OF THIS CHAPTER, to a person nineteen years  of  age  or
 older,  shall report, with the consent of the vaccinee, all such immuni-
 zations to the department in a format  prescribed  by  the  commissioner
 within fourteen days of administration of such immunizations. Registered
 professional  nurses or pharmacists administering immunizations pursuant
 to subdivision two of section sixty-eight hundred one of  the  education
 law,  to  persons nineteen years of age or older in the city of New York
 shall report, with the consent of the vaccinee, in a  format  prescribed
 by  the  city of New York commissioner of health and mental hygiene, all
 such immunizations to the citywide immunization registry.
   (III) AN EMERGENCY MEDICAL TECHNICIAN WHO ADMINISTERS AN  IMMUNIZATION
 UNDER  SECTION  THREE  THOUSAND FIVE-C OF THIS CHAPTER, TO A PERSON LESS
 THAN NINETEEN YEARS OF  AGE,  SHALL  REPORT  ALL  IMMUNIZATIONS  TO  THE
 DEPARTMENT  IN  A  FORMAT PRESCRIBED BY THE COMMISSIONER WITHIN FOURTEEN
 DAYS OF ADMINISTRATION OF THE IMMUNIZATIONS. EMERGENCY  MEDICAL  TECHNI-
 CIANS  ADMINISTERING  SUCH  IMMUNIZATIONS  TO PERSONS LESS THAN NINETEEN
 YEARS OF AGE IN  THE  CITY  OF  NEW  YORK  SHALL  REPORT,  IN  A  FORMAT
 PRESCRIBED  BY  THE  CITY  OF NEW YORK COMMISSIONER OF HEALTH AND MENTAL
 HYGIENE, ALL IMMUNIZATIONS TO THE CITYWIDE IMMUNIZATION REGISTRY.
   § 3. 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 NON-PATIENT
 SPECIFIC ORDER TO AN EMERGENCY  MEDICAL  TECHNICIAN  PURSUANT  TO  REGU-
 LATIONS  MADE BY THE COMMISSIONER, AND CONSISTENT WITH THE PUBLIC HEALTH
 LAW, FOR:
   (A) ADMINISTERING IMMUNIZATIONS TO PREVENT INFLUENZA  TO  PERSONS  TWO
 YEARS OF AGE OR OLDER; AND
   (B)  ADMINISTERING  IMMUNIZATIONS TO PREVENT COVID-19 TO PERSONS EIGH-
 TEEN YEARS OF AGE OR OLDER.
   § 4. Section 6909 of the education law is  amended  by  adding  a  new
 subdivision 11 to read as follows:
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   11.  A  CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND ORDER A NON-PA-
 TIENT SPECIFIC ORDER TO AN  EMERGENCY  MEDICAL  TECHNICIAN  PURSUANT  TO
 REGULATIONS  MADE  BY  THE  COMMISSIONER, AND CONSISTENT WITH THE PUBLIC
 HEALTH LAW, FOR:
   (A)  ADMINISTERING  IMMUNIZATIONS  TO PREVENT INFLUENZA TO PERSONS TWO
 YEARS OF AGE OR OLDER; AND
   (B) ADMINISTERING IMMUNIZATIONS TO PREVENT COVID-19 TO  PERSONS  EIGH-
 TEEN YEARS OF AGE OR OLDER.
   §  5.  This  act shall take effect immediately and shall expire and be
 deemed repealed June 1, 2025.