Add §3005-c, amd §2168, Pub Health L; amd §§6527 & 6909, Ed L
Authorizes emergency medical technicians to administer certain vaccines pursuant to non-patient specific orders and under the authority of an emergency medical services director after receiving appropriate training; authorizes physicians and certified nurse practitioners to prescribe and order a non-patient specific order to an emergency medical technician to administer certain vaccines; provides for the repeal of such provisions upon the expiration thereof.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8280C
SPONSOR: McDonald (MS) TITLE OF BILL:
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
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 creates a news section 3005 subsection c to authorizes EMTs,
to administer COVID19 and influenza vaccinations.
Section 2 authorizes EMTs to report immunizations to the state immuniza-
tion information system and the citywide immunization registry.
Section 3 authorizes the issuance of a non-patient specific order to an
EMT to administer immunizations for COVID19 and influenza by a physi-
cian.
Section 4 authorizes the issuance of a non-patient specific order to an
EMT to administer immunizations for COVID19 and influenza by a nurse
practitioner.
Section 5 provides for an immediate effective date.
JUSTIFICATION:
Since the authorizing Executive Order expired in June 2021, EMTs are no
longer permitted to administer COVID-19 and influenza vaccinations. The
need to bring vaccines to people to increase access continues and with
an upcoming flu season and the need for COVID-19 boosters, it is imper-
ative to allow EMTs to provide vaccinations in our communities.
PRIOR LEGISLATIVE HISTORY:
New Bill
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8280--C
2021-2022 Regular Sessions
IN ASSEMBLY
September 13, 2021
___________
Introduced by M. of A. McDONALD, LUPARDO, GALLAHAN, OTIS, GALEF, ABINAN-
TI, BUTTENSCHON, FAHY, B. MILLER, GOTTFRIED, ENGLEBRIGHT, SANTABAR-
BARA, KELLES -- Multi-Sponsored by -- M. of A. ANGELINO, J. M. GIGLIO
-- read once and referred to the Committee on Health -- recommitted to
the Committee on Health in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- again reported from said committee
with amendments, ordered reprinted as amended and recommitted to said
committee -- reported and referred to the Committee on Codes --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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:
1 Section 1. The public health law is amended by adding a new section
2 3005-c to read as follows:
3 § 3005-c. Vaccination by emergency medical technicians. 1. Emergency
4 medical technicians may, pursuant to a non-patient specific order under
5 sections sixty-nine hundred nine and sixty-five hundred twenty-seven of
6 the education law and under the authority of an emergency medical
7 services director while overseen or approved by the department of health
8 or local health departments and operated under the medical supervision
9 of licensed physicians, licensed physician assistants, or certified
10 nurse practitioners administer immunizations to prevent influenza to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13126-07-2
A. 8280--C 2
1 persons two years of age or older, and administer immunizations to
2 prevent COVID-19 to persons eighteen years of age or older, provided
3 that such individuals first receive training in the following areas, as
4 determined by the commissioner after consultation with the commissioner
5 of education:
6 (a) techniques, indications, precautions, contraindications, infection
7 control practices;
8 (b) use of personal protective equipment sufficient to provide the
9 basic level of competence for such tasks; and
10 (c) a current certificate in basic cardiopulmonary resuscitation,
11 which at a minimum must include a certification in basic cardiopulmonary
12 resuscitation by an online program that has received accreditation from
13 the American Nurses Credentialing Center, the Accreditation Council for
14 Pharmacy Education (ACPE), or the Accreditation Council for Continuing
15 Medical Education.
16 2. When an emergency medical technician administers an immunization to
17 prevent influenza or COVID-19, they shall:
18 (a) report such administration to the department of health either
19 through the statewide immunization information system or the citywide
20 immunization registry under section twenty-one hundred sixty-eight of
21 this chapter; and
22 (b) prior to administering the immunization, inform the patient or,
23 where applicable, the person legally responsible for the patient, on the
24 importance of having a primary health care practitioner.
25 § 2. Subparagraph (ii) of paragraph (b) of subdivision 3 of section
26 2168 of the public health law, as amended by chapter 420 of the laws of
27 2014, is amended and a new subparagraph (iii) is added to read as
28 follows:
29 (ii) A registered professional nurse, or a pharmacist who administers
30 a vaccine pursuant to subdivision two of section sixty-eight hundred one
31 of the education law, or an emergency medical technician who administers
32 an immunization to prevent influenza or COVID-19 under section three
33 thousand five-c of this chapter, to a person nineteen years of age or
34 older, shall report, with the consent of the vaccinee, all such immuni-
35 zations to the department in a format prescribed by the commissioner
36 within fourteen days of administration of such immunizations. Registered
37 professional nurses or pharmacists administering immunizations pursuant
38 to subdivision two of section sixty-eight hundred one of the education
39 law, to persons nineteen years of age or older in the city of New York
40 shall report, with the consent of the vaccinee, in a format prescribed
41 by the city of New York commissioner of health and mental hygiene, all
42 such immunizations to the citywide immunization registry.
43 (iii) An emergency medical technician who administers an immunization
44 under section three thousand five-c of this chapter, to a person less
45 than nineteen years of age, shall report all immunizations to the
46 department in a format prescribed by the commissioner within fourteen
47 days of administration of the immunizations. Emergency medical techni-
48 cians administering such immunizations to persons less than nineteen
49 years of age in the city of New York shall report, in a format
50 prescribed by the city of New York commissioner of health and mental
51 hygiene, all immunizations to the citywide immunization registry.
52 § 3. Section 6527 of the education law is amended by adding a new
53 subdivision 7-b to read as follows:
54 7-b. A licensed physician may prescribe and order a non-patient
55 specific order to an emergency medical technician pursuant to regu-
A. 8280--C 3
1 lations made by the commissioner, and consistent with the public health
2 law, for:
3 (a) administering immunizations to prevent influenza to persons two
4 years of age or older; and
5 (b) administering immunizations to prevent COVID-19 to persons eigh-
6 teen years of age or older.
7 § 4. Section 6909 of the education law is amended by adding a new
8 subdivision 11 to read as follows:
9 11. A certified nurse practitioner may prescribe and order a non-pa-
10 tient specific order to an emergency medical technician pursuant to
11 regulations made by the commissioner, and consistent with the public
12 health law, for:
13 (a) administering immunizations to prevent influenza to persons two
14 years of age or older; and
15 (b) administering immunizations to prevent COVID-19 to persons eigh-
16 teen years of age or older.
17 § 5. This act shall take effect immediately and shall expire and be
18 deemed repealed June 1, 2024.
