NY State Senate Bill 2025-S9849

Current Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 08, 2026	referred to higher education

2025-S9849 (ACTIVE) - Details

See Assembly Version of this Bill:: A8383
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6801, 6802, 6527 & 6909, Ed L; amd §§3216, 3221, 4303 & 4322, Ins L; amd §2164, Pub Health L

2025-S9849 (ACTIVE) - Summary

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.

2025-S9849 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9849REVISED 4/8/2026

SPONSOR: STAVISKY
 
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:

To ensure that New York State maintains the ability to provide timely
and consistent access to immunizations by allowing the Commissioner of
Health to recommend certain vaccines authorized by the Food and Drug
Administration, in addition to those recommended at the federal level.
This approach strengthens the State's ability to respond to public
health needs without delay and ensures continuity in vaccine availabili-
ty across providers and settings.

 
SUMMARY OF PROVISIONS:

Section one amends the education law to allow pharmacists to administer
immunizations based on recommendations of the Advisory Committee on
Immunization Practices or, alternatively, recommendations made by the
Commissioner of Health for FDA-authorized vaccines. This ensures pharma-
cists can continue to serve as accessible providers of immunizations
across the State.

Section two amends the education law to require pharmacies to post the
current adult immunization schedule published by ACIP, as well as any
supplemental schedules issued by the Commissioner of Health. This
provides transparency and ensures patients have access to the most
current guidance at the point of care.

Section three amends the education law to authorize pharmacists to
administer additional immunizations to adults based on recommendations
made by the Commissioner of Health for FDA-authorized vaccines, while
maintaining existing safety and public health standards. This expands
flexibility while preserving clinical safeguards.

Section four amends the education law to allow physicians to issue
patient-specific orders or non-patient-specific regimens to pharmacists
for immunizations recommended by the Commissioner of Health for FDA-au-
thorized vaccines. This ensures physicians can continue to support
vaccination efforts through standing orders and collaborative care
models.

Section five makes the same change for certified nurse practitioners,
allowing them to issue orders for immunizations based on recommendations
made by the Commissioner of Health. This aligns practitioner authority
across provider types and supports broader access to care.

Section six amends the insurance law to require individual health insur-
ance policies to cover immunizations recommended by the Commissioner of

Health for FDA-authorized vaccines. This helps ensure that cost is not a
barrier to accessing recommended vaccines.

Section seven makes the same change for group and blanket health insur-
ance policies, ensuring consistent coverage across different insurance
markets. This promotes equity in access regardless of plan type.

Section eight amends additional provisions of the insurance law to
ensure coverage for immunizations recommended by the Commissioner of
Health. This creates uniformity across insurance statutes and avoids
gaps in coverage.

Section nine makes conforming changes to ensure consistent insurance
coverage across applicable health plans. This reinforces that all rele-
vant plans recognize and cover these recommendations.

Section ten amends the public health law to remove the statutory refer-
ence to CDC recommendations for meningococcal immunizations, while main-
taining state oversight and existing safety standards. This clarifies
that the State retains authority over immunization requirements.

Section eleven provides for the effective date.

 
JUSTIFICATION:

New York State's vaccine laws should allow the State Department of
Health to respond quickly and effectively to changing public health
needs. Current law ties several vaccine administration and coverage
provisions directly to federal recommendations, which may not always
reflect the immediate needs of New Yorkers or keep pace with emerging
public health conditions.

Recent actions and uncertainty at the federal level have raised concerns
about the reliability and timeliness of federal vaccine guidance. Chang-
es in federal leadership and decision-making have created situations
where access to vaccines may be delayed or disrupted despite clear
scientific consensus.

This bill provides the State with additional flexibility by allowing the
Commissioner of Health to serve as an alternative source of authority
for vaccines that have already been authorized by the Food and Drug
Administration. This ensures that access to immunizations is not depend-
ent solely on federal action and can continue without interruption when
federal guidance is delayed or unclear.

The bill also makes conforming changes to insurance coverage to ensure
that recommended immunizations remain accessible and affordable across
different types of health plans. In addition, it removes an outdated
statutory reference to federal guidance in the meningococcal immuniza-
tion requirement while maintaining strong state oversight and safety
standards.

By strengthening the State's ability to act independently, when neces-
sary, this legislation supports continuity of care, improves system
flexibility, and helps ensure that New Yorkers continue to have access
to safe and effective vaccines in a timely manner.

 
LEGISLATIVE HISTORY:
Previously S7823-B (Hoylman-Sigal) / A8383-C (Lasher), previously
referred to Health.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S9849 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9849
 
                             I N  S E N A T E
 
                               April 8, 2026
                                ___________
 
 Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 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 menin-
   gococcal disease
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (e)  of  subdivision  2 of section 6801 of the
 education law, as amended by section 1 of part DD of chapter 57  of  the
 laws of 2018, is amended to read as follows:
   (e) administer the immunization or immunizations according to the most
 current  recommendations by the advisory committee [for] ON immunization
 practices (ACIP), OR, IN THE ALTERNATIVE, RECOMMENDATIONS  MADE  BY  THE
 COMMISSIONER  OF HEALTH PERTAINING TO A VACCINE THAT HAS BEEN AUTHORIZED
 BY THE FOOD AND DRUG ADMINISTRATION, provided however, that a pharmacist
 may administer any immunization authorized under this section when spec-
 ified by a patient specific order.
   § 2. 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, is amended to read as follows:
   [a.] (A) a clearly visible posting of the  most  current  "Recommended
 Adult  Immunization  Schedule" published by the advisory committee [for]
 ON  immunization  practices  (ACIP)  AND  ANY   SUPPLEMENTAL   SCHEDULES
 PUBLISHED BY THE COMMISSIONER OF HEALTH; and
   §  3. Subparagraph 1 of  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:
   (1)  the  direct application of an immunizing agent to adults, whether
 by injection, ingestion, inhalation or any other means,  pursuant  to  a
 patient  specific  order  or  non-patient specific regimen prescribed or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11946-08-6
 S. 9849                             2
 
 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 OR, IN THE ALTERNATIVE, RECOM-
 MENDATIONS MADE BY THE COMMISSIONER OF HEALTH PERTAINING  TO  A  VACCINE
 THAT  HAS  BEEN  AUTHORIZED  BY THE FOOD AND DRUG ADMINISTRATION, 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 advi-
 sory  committee  on  immunization  practices  of the centers for disease
 control and prevention OR, IN THE ALTERNATIVE, RECOMMENDATIONS  MADE  BY
 THE COMMISSIONER OF HEALTH PERTAINING TO A VACCINE THAT HAS BEEN AUTHOR-
 IZED  BY THE FOOD AND DRUG ADMINISTRATION. 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.
   § 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:
   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  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 recommended by the advisory committee on immunization practices of
 the centers for disease control and  prevention  for  patients  eighteen
 years  of  age  or older OR, IN THE ALTERNATIVE, RECOMMENDATIONS MADE BY
 THE COMMISSIONER OF  HEALTH  PERTAINING  TO  A  VACCINE  THAT  HAS  BEEN
 AUTHORIZED  BY  THE FOOD AND DRUG ADMINISTRATION, if the commissioner of
 health in consultation with the commissioner determines that an  immuni-
 zation:  (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 immuniza-
 tion,  (C)  lack  evidence  of past infection, or (D) have an additional
 risk factor or another indication as recommended by the advisory commit-
 tee on immunization practices of the centers  for  disease  control  and
 prevention  OR,  IN THE ALTERNATIVE, RECOMMENDATIONS MADE BY THE COMMIS-
 SIONER OF HEALTH PERTAINING TO A VACCINE THAT HAS BEEN AUTHORIZED BY THE
 FOOD AND DRUG ADMINISTRATION. Nothing in this subdivision shall  author-
 ize  unlicensed  persons  to administer immunizations, vaccines or other
 drugs.
 S. 9849                             3
 
   § 5. 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 to patients two years of age or older; and (b)  admin-
 istering  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  recommended  by  the  advisory  committee on immunization
 practices of the centers for disease control and prevention for patients
 eighteen years of age or older OR, IN THE  ALTERNATIVE,  RECOMMENDATIONS
 MADE BY THE COMMISSIONER OF HEALTH PERTAINING TO A VACCINE THAT HAS BEEN
 AUTHORIZED  BY  THE FOOD AND DRUG ADMINISTRATION, if the commissioner of
 health in consultation with the commissioner determines that an  immuni-
 zation:  (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 immuniza-
 tion,  (C)  lack  evidence  of past infection, or (D) have an additional
 risk factor or another indication as recommended by the advisory commit-
 tee on immunization practices of the centers  for  disease  control  and
 prevention  OR,  IN THE ALTERNATIVE, RECOMMENDATIONS MADE BY THE COMMIS-
 SIONER OF HEALTH PERTAINING TO A VACCINE THAT HAS BEEN AUTHORIZED BY THE
 FOOD AND DRUG ADMINISTRATION. Nothing in this subdivision shall  author-
 ize  unlicensed  persons  to administer immunizations, vaccines or other
 drugs.
   § 6. Items (ii) and  (v)  of  subparagraph  (E)  of  paragraph  17  of
 subsection  (i)  of  section  3216  of  the  insurance law, item (ii) as
 amended by chapter 219 of the laws of 2011 and item (v)  as  amended  by
 section  3  of  part M of chapter 57 of the laws of 2019, are amended to
 read as follows:
   (ii) immunizations that have in effect a recommendation from the advi-
 sory committee on immunization practices  of  the  centers  for  disease
 control  and prevention OR, IN THE ALTERNATIVE, A RECOMMENDATION MADE BY
 THE COMMISSIONER OF HEALTH PERTAINING TO A VACCINE THAT HAS BEEN AUTHOR-
 IZED BY THE FOOD AND DRUG ADMINISTRATION, with respect to the individual
 involved;
   (v) all FDA-approved contraceptive drugs, devices, and other products,
 including  all  over-the-counter  contraceptive  drugs,   devices,   and
 products as prescribed or as otherwise authorized under state or federal
 law;  voluntary sterilization procedures pursuant to 42 U.S.C. 18022 and
 identified in the  comprehensive  guidelines  supported  by  the  health
 resources  and  services  administration and thereby incorporated in the
 essential health benefits benchmark plan; patient  education  and  coun-
 seling  on  contraception;  and follow-up services related to the drugs,
 devices, products, and procedures  covered  under  this  [clause]  ITEM,
 including,  but  not  limited to, management of side effects, counseling
 for continued adherence, and device insertion  and  removal.  Except  as
 otherwise  authorized  under  this  [clause]  ITEM, a contract shall not
 impose any restrictions or delays on the coverage  required  under  this
 [clause] ITEM. However, where the FDA has approved one or more therapeu-
 S. 9849                             4
 
 tic  and pharmaceutical equivalent, as defined by the FDA, versions of a
 contraceptive drug, device, or product, a contract is  not  required  to
 include  all  such therapeutic and pharmaceutical equivalent versions in
 its  formulary,  so long as at least one is included and covered without
 cost-sharing and in accordance with this [clause] ITEM. If  the  covered
 therapeutic and pharmaceutical equivalent versions of a drug, device, or
 product are not available or are deemed medically inadvisable a contract
 shall  provide  coverage for an alternate therapeutic and pharmaceutical
 equivalent version of the contraceptive drug, device, or product without
 cost-sharing. (a) This coverage shall  include  emergency  contraception
 without  cost sharing when provided pursuant to a prescription, or order
 under section sixty-eight hundred thirty-one of  the  education  law  or
 when  lawfully  provided  over-the-counter.  (b) If the attending health
 care provider, in [his or her] SUCH PROVIDER'S  reasonable  professional
 judgment,  determines that the use of a non-covered therapeutic or phar-
 maceutical equivalent of a drug, device, or product  is  warranted,  the
 health  care provider's determination shall be final. The superintendent
 shall promulgate regulations establishing  a  process,  including  time-
 frames,  for  an  insured,  an insured's designee or an insured's health
 care provider to request coverage of a non-covered  contraceptive  drug,
 device,  or  product.  Such regulations shall include a requirement that
 insurers use an exception form that shall meet criteria  established  by
 the  superintendent.  (c) This coverage must allow for the dispensing of
 up to twelve months worth of a contraceptive at one time.  (d)  For  the
 purposes   of   this   [clause]  ITEM,  "over-the-counter  contraceptive
 products" shall mean those products provided for in comprehensive guide-
 lines supported by the health resources and services  administration  as
 of January twenty-first, two thousand nineteen.
   § 7. Item (ii) of subparagraph (E) of paragraph 8 of subsection (l) of
 section 3221 of the insurance law, as amended by chapter 219 of the laws
 of 2011, is amended to read as follows:
   (ii) immunizations that have in effect a recommendation from the advi-
 sory  committee  on  immunization  practices  of the centers for disease
 control and prevention OR, IN THE ALTERNATIVE, A RECOMMENDATION MADE  BY
 THE COMMISSIONER OF HEALTH PERTAINING TO A VACCINE THAT HAS BEEN AUTHOR-
 IZED BY THE FOOD AND DRUG ADMINISTRATION, with respect to the individual
 involved;
   § 8. Subparagraph (B) of paragraph 3 of subsection (j) of section 4303
 of  the  insurance  law, as added by chapter 219 of the laws of 2011, is
 amended to read as follows:
   (B) immunizations that have in effect a recommendation from the  advi-
 sory  committee  on  immunization  practices  of the centers for disease
 control and prevention OR, IN THE ALTERNATIVE, A RECOMMENDATION MADE  BY
 THE COMMISSIONER OF HEALTH PERTAINING TO A VACCINE THAT HAS BEEN AUTHOR-
 IZED BY THE FOOD AND DRUG ADMINISTRATION, with respect to the individual
 involved;
   § 9. Item (ii) of subparagraph (F) of paragraph 4 of subsection (b) of
 section  4322  of the insurance law, as added by chapter 219 of the laws
 of 2011, is amended to read as follows:
   (ii) immunizations that have in effect a recommendation from the advi-
 sory committee on immunization practices  of  the  centers  for  disease
 control  and prevention OR, IN THE ALTERNATIVE, A RECOMMENDATION MADE BY
 THE COMMISSIONER OF HEALTH PERTAINING TO A VACCINE THAT HAS BEEN AUTHOR-
 IZED BY THE FOOD AND DRUG ADMINISTRATION, with respect to the individual
 involved;
 S. 9849                             5
 
   § 10. Paragraph c of subdivision 2  of  section  2164  of  the  public
 health  law,  as added by chapter 401 of the laws of 2015, is amended to
 read as follows:
   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 plan-
 ning council.
   § 11. This act shall take effect immediately.

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Senate Bill S9849

Sponsored By

Current Bill Status - In Senate Committee Higher Education Committee

Actions

2025-S9849 (ACTIVE) - Details

2025-S9849 (ACTIVE) - Summary

2025-S9849 (ACTIVE) - Sponsor Memo

2025-S9849 (ACTIVE) - Bill Text download pdf

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Sponsored By

Toby Ann Stavisky

Current Bill Status - In Senate Committee Higher Education Committee

Actions

2025-S9849 (ACTIVE) - Details

2025-S9849 (ACTIVE) - Summary

2025-S9849 (ACTIVE) - Sponsor Memo

2025-S9849 (ACTIVE) - Bill Text download pdf

Comments