S T A T E O F N E W Y O R K
________________________________________________________________________
5706--A
2025-2026 Regular Sessions
I N S E N A T E
February 28, 2025
___________
Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education -- recom-
mitted to the Committee on Education in accordance with Senate Rule 6,
sec. 8 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the education law and the public health law, in relation
to authorizing certain nursing students to administer certain vaccines
pursuant to patient specific orders or non-patient specific orders and
authorizing physicians and certified nurse practitioners to prescribe
and order a patient specific order or non-patient specific order to a
nursing student to administer certain vaccines
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 6901 of the education law is amended by adding a
new subdivision 4 to read as follows:
4. "NURSING STUDENT" SHALL MEAN ANY PERSON EITHER RECEIVING AN EDUCA-
TION IN NURSING OR WHO HAS COMPLETED AN EDUCATION IN NURSING WITHIN THE
PRIOR YEAR, WHERE COMPLETING SUCH EDUCATION IN NURSING MAY PERMIT SUCH
PERSON TO BE GRANTED LICENSURE UNDER THIS ARTICLE IN ACCORDANCE WITH THE
APPLICABLE COMMISSIONER'S REGULATIONS.
§ 2. The education law is amended by adding a new section 6913 to read
as follows:
§ 6913. VACCINATION BY NURSING STUDENTS. 1. ANY NURSING STUDENT MAY,
PURSUANT TO A PATIENT SPECIFIC ORDER OR A NON-PATIENT SPECIFIC ORDER
UNDER SECTIONS SIXTY-NINE HUNDRED NINE AND SIXTY-FIVE HUNDRED TWENTY-
SEVEN OF THIS TITLE WHILE OVERSEEN OR APPROVED BY THE DEPARTMENT OF
HEALTH OR LOCAL HEALTH DEPARTMENTS AND OPERATED UNDER THE MEDICAL SUPER-
VISION OF LICENSED PHYSICIANS, LICENSED PHYSICIAN ASSISTANTS, OR CERTI-
FIED NURSE PRACTITIONERS: (A) ADMINISTERING IMMUNIZATIONS TO PREVENT
INFLUENZA TO PATIENTS TWO YEARS OF AGE OR OLDER; AND (B) ADMINISTERING
IMMUNIZATIONS TO PREVENT PNEUMOCOCCAL, ACUTE HERPES ZOSTER, HEPATITIS A,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03012-02-6
S. 5706--A 2
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) ADMINISTERING OTHER IMMUNIZA-
TIONS IN ACCORDANCE WITH REGULATIONS ISSUED BY THE COMMISSIONER, UTILIZ-
ING 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 COMMIT-
TEE ON IMMUNIZATION PRACTICES, OR OTHER SIMILAR NATIONALLY OR INTERNA-
TIONALLY RECOGNIZED SCIENTIFIC ORGANIZATIONS 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 PRAC-
TICE; 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 REQUIRE-
MENTS, (B) LACK DOCUMENTATION OF SUCH IMMUNIZATION, (C) LACK EVIDENCE OF
PAST INFECTION, OR (D) HAVE AN ADDITIONAL RISK FACTOR OR ANOTHER INDI-
CATION 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, OR OTHER SIMILAR NATIONALLY OR
INTERNATIONALLY RECOGNIZED SCIENTIFIC ORGANIZATIONS.
2. PRIOR TO ADMINISTERING IMMUNIZATIONS, A NURSING STUDENT SHALL
RECEIVE TRAINING IN THE FOLLOWING AREAS, AS DETERMINED BY THE COMMIS-
SIONER OF HEALTH AFTER CONSULTATION WITH THE COMMISSIONER:
(A) TECHNIQUES, INDICATIONS, PRECAUTIONS, CONTRAINDICATIONS, INFECTION
CONTROL PRACTICES;
(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.
3. WHEN A NURSING STUDENT ADMINISTERS AN IMMUNIZATION, 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
THE PUBLIC HEALTH LAW; 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.
§ 3. Paragraph (b) of subdivision 3 of section 2168 of the public
health law is amended by adding a new subparagraph (iii) to read as
follows:
(III) A NURSING STUDENT, AS DEFINED IN SECTION SIXTY-NINE HUNDRED ONE
OF THE EDUCATION LAW, WHO ADMINISTERS A VACCINE PURSUANT TO SECTION
SIXTY-NINE HUNDRED THIRTEEN OF THE EDUCATION LAW TO A PERSON NINETEEN
YEARS OF AGE OR OLDER SHALL, WITH THE CONSENT OF THE PATIENT, REPORT ALL
SUCH IMMUNIZATIONS TO THE DEPARTMENT IN A FORMAT PRESCRIBED BY THE
COMMISSIONER WITHIN FOURTEEN DAYS OF ADMINISTRATION OF SUCH IMMUNIZA-
S. 5706--A 3
TIONS. A NURSING STUDENT, AS DEFINED IN SECTION SIXTY-NINE HUNDRED ONE
OF THE EDUCATION LAW, WHO ADMINISTERS A VACCINE PURSUANT TO SECTION
SIXTY-NINE HUNDRED THIRTEEN OF THE EDUCATION LAW TO A PERSON NINETEEN
YEARS OF AGE OR OLDER IN THE CITY OF NEW YORK SHALL, WITH THE CONSENT OF
THE PATIENT, REPORT IN A FORMAT PRESCRIBED BY THE CITY OF NEW YORK
COMMISSIONER OF HEALTH AND MENTAL HYGIENE, ALL SUCH IMMUNIZATIONS TO THE
CITYWIDE IMMUNIZATION REGISTRY.
§ 4. 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 PATIENT SPECIFIC
ORDER OR A NON-PATIENT SPECIFIC ORDER TO A NURSING STUDENT, AS DEFINED
IN SECTION SIXTY-NINE HUNDRED ONE OF THIS TITLE, PURSUANT TO REGULATIONS
MADE BY THE COMMISSIONER, AND CONSISTENT WITH THE PUBLIC HEALTH LAW,
FOR: (A) ADMINISTERING IMMUNIZATIONS TO PREVENT INFLUENZA 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, DIPHTHERIA OR PERTUSSIS DISEASE AND MEDICATIONS
REQUIRED FOR EMERGENCY TREATMENT OF ANAPHYLAXIS TO PATIENTS EIGHTEEN
YEARS OF AGE OR OLDER; AND (C) ADMINISTERING OTHER IMMUNIZATIONS IN
ACCORDANCE WITH REGULATIONS ISSUED BY THE COMMISSIONER, UTILIZING GENER-
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, OR OTHER SIMILAR NATIONALLY OR INTERNATIONALLY
RECOGNIZED SCIENTIFIC ORGANIZATIONS FOR PATIENTS EIGHTEEN YEARS OF AGE
OR OLDER IF THE COMMISSIONER OF HEALTH IN CONSULTATION WITH THE COMMIS-
SIONER DETERMINES THAT AN IMMUNIZATION: (I) (A) MAY BE SAFELY ADMINIS-
TERED BY A LICENSED PHARMACIST WITHIN THEIR LAWFUL SCOPE OF PRACTICE;
AND (B) IS NEEDED TO PREVENT THE TRANSMISSION OF A REPORTABLE COMMUNICA-
BLE DISEASE THAT IS PREVALENT IN NEW YORK STATE; OR (II) IS A RECOM-
MENDED 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
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 PHYSICIANS, THE AMERICAN COLLEGE OF OBSTETRICIANS AND
GYNECOLOGISTS, THE AMERICAN COLLEGE OF PHYSICIANS, THE ADVISORY COMMIT-
TEE ON IMMUNIZATION PRACTICES, OR OTHER SIMILAR NATIONALLY OR INTERNA-
TIONALLY RECOGNIZED SCIENTIFIC ORGANIZATIONS.
§ 5. Section 6909 of the education law is amended by adding a new
subdivision 7-a to read as follows:
7-A. A CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND ORDER A PATIENT
SPECIFIC ORDER OR A NON-PATIENT SPECIFIC ORDER TO A NURSING STUDENT
PURSUANT TO REGULATIONS MADE BY THE COMMISSIONER, AND CONSISTENT WITH
THE PUBLIC HEALTH LAW, FOR: (A) ADMINISTERING IMMUNIZATIONS TO PREVENT
INFLUENZA 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, DIPHTHERIA OR PERTUSSIS DISEASE AND
MEDICATIONS REQUIRED FOR EMERGENCY TREATMENT OF ANAPHYLAXIS TO PATIENTS
EIGHTEEN YEARS OF AGE OR OLDER; AND (C) ADMINISTERING OTHER IMMUNIZA-
TIONS IN ACCORDANCE WITH REGULATIONS ISSUED BY THE COMMISSIONER, UTILIZ-
ING GENERALLY ACCEPTED MEDICAL STANDARDS AND TAKING INTO CONSIDERATION
S. 5706--A 4
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 COMMIT-
TEE ON IMMUNIZATION PRACTICES, OR OTHER SIMILAR NATIONALLY OR INTERNA-
TIONALLY RECOGNIZED SCIENTIFIC ORGANIZATIONS 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 PRAC-
TICE; 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 REQUIRE-
MENTS, (B) LACK DOCUMENTATION OF SUCH IMMUNIZATION, (C) LACK EVIDENCE OF
PAST INFECTION, OR (D) HAVE AN ADDITIONAL RISK FACTOR OR ANOTHER INDI-
CATION 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, OR OTHER SIMILAR NATIONALLY OR
INTERNATIONALLY RECOGNIZED SCIENTIFIC ORGANIZATIONS.
§ 6. This act shall take effect immediately.
