Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E O F N E W Y O R K
________________________________________________________________________
10711
I N A S S E M B L Y
March 26, 2026
___________
Introduced by M. of A. PAULIN -- (at request of the Governor) -- read
once and referred to the Committee on Health
AN ACT to amend the public health law, the education law and the social
services law, in relation to immunization vaccines for children
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 2164 of the public health law, as
amended by chapter 401 of the laws of 2015, is amended to read as
follows:
2. a. Every person in parental relation to a child in this state shall
have administered to such child an adequate dose or doses of an immuniz-
ing agent against poliomyelitis, mumps, measles, diphtheria, rubella,
varicella, Haemophilus influenzae type b (Hib), pertussis, tetanus,
pneumococcal disease, and hepatitis B, [which meets the standards
approved by the United States public health service for such biological
products, and which is approved by the department under such conditions
as may be specified by the public health council] IN ACCORDANCE WITH
REGULATIONS ISSUED BY THE COMMISSIONER, UTILIZING GENERALLY ACCEPTED
MEDICAL STANDARDS AND TAKING INTO CONSIDERATION RECOMMENDATIONS OF THE
AMERICAN ACADEMY OF PEDIATRICS, THE AMERICAN ACADEMY OF FAMILY PHYSI-
CIANS, THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, THE
AMERICAN COLLEGE OF PHYSICIANS, THE ADVISORY COMMITTEE ON IMMUNIZATION
PRACTICES, AND/OR OTHER SIMILAR NATIONALLY OR INTERNATIONALLY RECOGNIZED
SCIENTIFIC ORGANIZATIONS.
b. Every person in parental relation to a child in this state born on
or after January first, nineteen hundred ninety-four and entering sixth
grade or a comparable age level special education program with an unas-
signed grade on or after September first, two thousand seven, shall have
administered to such child a booster immunization containing diphtheria
and tetanus toxoids, and an acellular pertussis vaccine, [which meets
the standards approved by the United States public health service for
such biological products, and which is approved by the department under
such conditions as may be specified by the public health council] IN
ACCORDANCE WITH REGULATIONS ISSUED BY THE COMMISSIONER, UTILIZING GENER-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12024-01-6
A. 10711 2
ALLY ACCEPTED MEDICAL STANDARDS AND TAKING INTO CONSIDERATION RECOMMEN-
DATIONS OF THE AMERICAN ACADEMY OF PEDIATRICS, THE AMERICAN ACADEMY OF
FAMILY PHYSICIANS, THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLO-
GISTS, THE AMERICAN COLLEGE OF PHYSICIANS, THE ADVISORY COMMITTEE ON
IMMUNIZATION PRACTICES, AND/OR OTHER SIMILAR NATIONALLY OR INTERNA-
TIONALLY RECOGNIZED SCIENTIFIC ORGANIZATIONS.
c. Every person in parental relation to a child in this state entering
or having entered seventh grade and twelfth grade or a comparable age
level special education program with an unassigned grade on or after
September first, two thousand sixteen, shall have administered to such
child an adequate dose or doses of immunizing agents against meningococ-
cal disease [as recommended by the advisory committee on immunization
practices of the centers for disease control and prevention, which meets
the standards approved by the United States public health service for
such biological products, and which is approved by the department under
such conditions as may be specified by the public health and planning
council] IN ACCORDANCE WITH REGULATIONS ISSUED BY THE COMMISSIONER,
UTILIZING GENERALLY ACCEPTED MEDICAL STANDARDS AND TAKING INTO CONSIDER-
ATION RECOMMENDATIONS OF THE AMERICAN ACADEMY OF PEDIATRICS, THE AMERI-
CAN ACADEMY OF FAMILY PHYSICIANS, THE AMERICAN COLLEGE OF OBSTETRICIANS
AND GYNECOLOGISTS, THE AMERICAN COLLEGE OF PHYSICIANS, THE ADVISORY
COMMITTEE ON IMMUNIZATION PRACTICES, AND/OR OTHER SIMILAR NATIONALLY OR
INTERNATIONALLY RECOGNIZED SCIENTIFIC ORGANIZATIONS.
§ 2. Paragraph d of subdivision 1 of section 2165 of the public health
law, as added by chapter 405 of the laws of 1989, is amended to read as
follows:
d. The term "immunization" means an adequate dose or doses of an
immunizing agent against measles, mumps and rubella [which meets the
standards approved by the United States public health service for such
biological products, and which is approved by the state department of
health under such conditions as may be specified by the public health
council] IN ACCORDANCE WITH REGULATIONS ISSUED BY THE COMMISSIONER,
UTILIZING GENERALLY ACCEPTED MEDICAL STANDARDS AND TAKING INTO CONSIDER-
ATION RECOMMENDATIONS OF THE AMERICAN ACADEMY OF PEDIATRICS, THE AMERI-
CAN ACADEMY OF FAMILY PHYSICIANS, THE AMERICAN COLLEGE OF OBSTETRICIANS
AND GYNECOLOGISTS, THE AMERICAN COLLEGE OF PHYSICIANS, THE ADVISORY
COMMITTEE ON IMMUNIZATION PRACTICES, AND/OR OTHER SIMILAR NATIONALLY OR
INTERNATIONALLY RECOGNIZED SCIENTIFIC ORGANIZATIONS.
§ 3. Paragraph c of subdivision 1 of section 2167 of the public health
law, as added by chapter 165 of the laws of 2003, is amended to read as
follows:
c. The term "immunization" means an adequate dose or doses of an
immunizing agent against meningococcal meningitis [which meets the stan-
dards approved by the United States public health service for such
biological products and which is approved by the department under such
conditions as may be specified by the public health council] IN ACCORD-
ANCE WITH REGULATIONS ISSUED BY THE COMMISSIONER, UTILIZING GENERALLY
ACCEPTED MEDICAL STANDARDS AND TAKING INTO CONSIDERATION RECOMMENDATIONS
OF THE AMERICAN ACADEMY OF PEDIATRICS, THE AMERICAN ACADEMY OF FAMILY
PHYSICIANS, THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, THE
AMERICAN COLLEGE OF PHYSICIANS, THE ADVISORY COMMITTEE ON IMMUNIZATION
PRACTICES, AND/OR OTHER SIMILAR NATIONALLY OR INTERNATIONALLY RECOGNIZED
SCIENTIFIC ORGANIZATIONS.
§ 4. Subdivision 7 of section 6527 of the education law, as amended by
chapter 555 of the laws of 2021, is amended to read as follows:
A. 10711 3
7. A licensed physician may prescribe and order a patient specific
order or non-patient specific regimen to a licensed pharmacist, pursuant
to regulations promulgated by the commissioner, and consistent with the
public health law, for: (a) administering immunizations to prevent
influenza AND COVID-19 to patients two years of age or older; and (b)
administering immunizations to prevent pneumococcal, acute herpes zost-
er, 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) adminis-
tering other immunizations [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 commis-
sioner of health in consultation with the commissioner determines that
an immunization: (i) (A) may be safely administered by a licensed phar-
macist within their lawful scope of practice; 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 requirements, (B) lack documentation of
such immunization, (C) lack evidence of past infection, or (D) have an
additional risk factor or another indication [as recommended by the
advisory committee on immunization practices of the centers for disease
control and prevention]. Nothing in this subdivision shall authorize
unlicensed persons to administer immunizations, vaccines or other drugs.
§ 5. Paragraph a of subdivision 22 of section 6802 of the education
law, as amended by chapter 802 of the laws of 2022, is amended to read
as follows:
a. (1) the direct application of an immunizing agent to adults, wheth-
er by injection, ingestion, inhalation or any other means, pursuant to a
patient specific order or non-patient specific regimen prescribed or
ordered by a physician or certified nurse practitioner, for: immuniza-
tions to prevent influenza, pneumococcal, acute herpes zoster, hepatitis
A, hepatitis B, human papillomavirus, measles, mumps, rubella, varicel-
la, COVID-19, meningococcal, tetanus, diphtheria or pertussis disease
and medications required for emergency treatment of anaphylaxis; and
other immunizations [recommended by the advisory committee on immuniza-
tion 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 practice; 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 requirements, (B) lack documentation of such immunization, (C)
lack evidence of past infection, or (D) have an additional risk factor
or another indication [as recommended by the advisory committee on
immunization practices of the centers for disease control and
prevention]. If the commissioner of health determines that there is an
outbreak of disease, or that there is the imminent threat of an outbreak
of disease, then the commissioner of health may issue a non-patient
specific regimen applicable statewide.
(2) the direct application of an immunizing agent to children between
the ages of two and eighteen years of age, whether by injection, inges-
tion, inhalation or any other means, pursuant to a patient specific
order or non-patient specific regimen prescribed or ordered by a physi-
cian or certified nurse practitioner, for immunization to prevent influ-
A. 10711 4
enza, COVID-19, and medications required for emergency treatment of
anaphylaxis resulting from such immunization. If the commissioner of
health determines that there is an outbreak of influenza OR COVID-19, or
that there is the imminent threat of an outbreak of influenza OR COVID-
19, then the commissioner of health may issue a non-patient specific
regimen applicable statewide.
§ 6. Subdivision 7 of section 6909 of the education law, as amended by
chapter 555 of the laws of 2021, is amended to read as follows:
7. A certified nurse practitioner may prescribe and order a patient
specific order or non-patient specific regimen to a licensed pharmacist,
pursuant to regulations promulgated by the commissioner, and consistent
with the public health law, for: (a) administering immunizations to
prevent influenza AND COVID-19 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, diphthe-
ria or pertussis disease and medications required for emergency treat-
ment of anaphylaxis to patients eighteen years of age or older; and (c)
administering other immunizations [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 commis-
sioner of health in consultation with the commissioner determines that
an immunization: (i) (A) may be safely administered by a licensed phar-
macist within their lawful scope of practice; 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 requirements, (B) lack documentation of
such immunization, (C) lack evidence of past infection, or (D) have an
additional risk factor or another indication [as recommended by the
advisory committee on immunization practices of the centers for disease
control and prevention]. Nothing in this subdivision shall authorize
unlicensed persons to administer immunizations, vaccines or other drugs.
§ 7. Paragraph (e) of subdivision 2 and paragraph a of subdivision 4
of section 6801 of the education law, as amended by section 1 of part DD
of chapter 57 of the laws of 2018, are amended to read as follows:
(e) administer the immunization or immunizations according to [the
most current recommendations by the advisory committee for immunization
practices (ACIP), provided however, that a pharmacist may administer any
immunization authorized under this section when specified by] a patient
specific order OR NON-PATIENT SPECIFIC REGIMEN.
[a.] (A) a clearly visible posting of the most current "Recommended
Adult Immunization Schedule" published [by the advisory committee for
immunization practices (ACIP)] ON THE DEPARTMENT OF HEALTH'S WEBSITE;
and
§ 8. Paragraph (a) of subdivision 5 of section 2803-j of the public
health law, as added by chapter 62 of the laws of 1996, is amended to
read as follows:
(a) The commissioner shall establish an immunization schedule for
newborn children. The immunization schedule shall chart out recommended
immunizations against certain diseases and illnesses and age-appropriate
times for the administration of each immunization. The immunization
schedule shall also include information on the importance of getting
children immunized at the recommended ages. The immunization schedule
shall also include the toll-free telephone number operated by the
department as part of its immunization education efforts. The immuniza-
tion schedule shall be in accordance with recommendations established by
A. 10711 5
the New York state department of health [and the immunization practices
advisory committee of the United States department of health and human
services].
§ 9. Subdivision 13 of section 131 of the social services law, as
added by chapter 61 of the laws of 1996, is amended to read as follows:
13. Social services districts shall provide all applicants and recipi-
ents of public assistance with children five years of age or less with
information and a schedule regarding age-appropriate immunizations for
children in accordance with the recommendations of the department of
health [and the immunization practices advisory committee of the United
States department of health and human services]. The telephone number of
the local county health department shall be included on the immunization
schedule.
§ 10. This act shall take effect immediately.Every fact on this page links to its source, starting with the official bill record.