Amd §§6801, 6802, 6527 & 6909, Ed L; amd §§3216, 3221, 4303 & 4322, Ins L; amd §2164, Pub Health L
Authorizes a licensed pharmacist to administer any recommendations made by the commissioner of health pertaining to a vaccine that has been authorized by the federal Food and Drug Administration; relates to insurance coverage for immunizations; removes the requirement to follow the advisory committee on immunization practices of the centers for disease control and prevention recommendation for immunization against meningococcal disease.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8383C
SPONSOR: Lasher TITLE OF BILL:
An act to amend the education law, in relation to authorizing the admin-
istration of immunizations pursuant to recommendations made by the
commissioner of health; to amend the insurance law, in relation to
coverage for immunizations; and to amend the public health law, in
relation to removing the requirement to follow the centers for disease
control and prevention recommendation for immunization against meningo-
coccal disease
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to authorize the State Department of Health
to serve as an alternative source of authority to the federal Centers
for Disease Control with regard to vaccine schedules, to ensure that the
accessibility of vaccines in New York is no longer tied to federal regu-
latory uncertainty and decision-making by a federal administration which
disregards the sound consensus of the scientific and public health
communities.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends paragraph (e) of subdivision 2 of section 6801 of the
education law to authorize the administration of immunization or immuni-
zations according to recommendations made by the commissioner of health
pertaining to a vaccine authorized by the federal Food and Drug Adminis-
tration,
Section 2 amends paragraph a of subdivision 4 of section 6801 of the
education law to provide for a supplemental vaccine schedule published
by the commissioner of health.
Section 3 amends subparagraph 1 of paragraph a of subdivision 22 of
section 6802 of the education law to authorize the administration of
immunization or immunizations according to recommendations made by the
commissioner of health pertaining to a vaccine authorized by the federal
Food and Drug Administration.
Section 4 amends subdivision 7 of section 6527 of the education law to
authorize the administration of immunization or immunizations according
to recommendations made by the commissioner of health 'pertaining to a
vaccine authorized by the federal Food and Drug Administration,
Section 5 amends subdivision 7 of section 6909 of the education law to
authorize the administration of immunization or immunizations according
to recommendations made by the commissioner of health pertaining to a
vaccine authorized by the federal Food and Drug Administration.
Section 6 amends items (ii) and (v) of subparagraph (E) of paragraph 17
of subsection (i) of section 3216 of the insurance law to provide for
insurance coverage of immunizations recommended by the commissioner of
health pertaining to a vaccine authorized by the federal Food and Drug
Administration.
Section 7 amends item (ii) of subparagraph (E) of paragraph 8 of
subsection (I) of 28 section 3221 of the insurance law to provide for
insurance coverage of immunizations recommended by the commissioner of
health pertaining to a vaccine authorized by the federal Food and Drug
Administration,
Section 8 amends subparagraph (B) of paragraph 3 of subsection (j) of
section 4303 37 of the insurance law to provide for insurance coverage
of immunizations recommended by the commissioner of health pertaining to
a vaccine authorized by the federal Food and Drug Administration.
Section 9 amends item (ii) of subparagraph (F) of paragraph 4 of
subsection (b) of 46 section 4322 of the insurance law to provide for
insurance coverage of immunizations recommended by the commissioner of
health pertaining to a vaccine authorized by the federal Food and Drug
Administration.
Section 10 amends paragraph (c) of subdivision 2 of section 2164 of the
public health law to eliminate reference to the recommendations of the
Advisory Committee on Immunization Practices of the Centers for Disease
Control and Prevention with regard to vaccine standards for meningococ-
cal disease, leaving in place the approval authority of the New York
State Department of Health and the requirement that vaccines meet the
standards approved for biological products by the United States Public
Health Service.
Section 11 states that this act shall take effect immediately.
JUSTIFICATION:
The Trump Administration has sought to undermine the Centers for Disease
Control (CDC) and confidence in the efficacy of medically proven
vaccines. Alarmingly, New York is now among sixteen states where pharma-
cies are holding back on Offering COVID vaccines because of federal
regulatory uncertainty precipitated by notorious vaccine skeptic HHS
Secretary Robert F. Kennedy, Jr.
Any continued reliance on recommendations of the CDC for New York's
vaccine standards is, at best, unnecessary and may potentially compro-
mise the New York State Department of Health's capacity to set standards
that serve the public health interests of the state. It is clear that
New York cannot, for the time being, rely on the federal government for
public health guidance.
This bill would authorize the State Department of Health, going forward,
to serve as an alternative source of authority to the CDC with regard to
vaccine schedules. In doing so, it would allow pharmacies to offer COVID
vaccines so long as they are authorized by the State Department of
Health, independent of bad-faith political decision-making by the Trump
Administration. This bill would also eliminate reference to the CDC with
regard to vaccines for meningococcal disease, which is the only place
where the CDC is expressly referenced in State law in vaccination
requirements. Passage of this bill is essential to ensuring that
vaccines are accessible to New Yorkers based upon established science,
and not the whims of the Trump Administration.
PRIOR LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
