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A08280 Summary:

BILL NOA08280C
 
SAME ASNo Same As
 
SPONSORMcDonald (MS)
 
COSPNSRLupardo, Gallahan, Otis, Galef, Abinanti, Buttenschon, Fahy, Miller B, Gottfried, Englebright, Santabarbara, Kelles
 
MLTSPNSRAngelino, Giglio JM
 
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.
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A08280 Actions:

BILL NOA08280C
 
09/13/2021referred to health
01/05/2022referred to health
04/26/2022amend and recommit to health
04/26/2022print number 8280a
05/06/2022amend (t) and recommit to health
05/06/2022print number 8280b
05/10/2022reported referred to codes
05/16/2022amend and recommit to codes
05/16/2022print number 8280c
05/23/2022reported referred to rules
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A08280 Memo:

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.
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A08280 Text:



 
                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.
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