S 5706: Authorizes certain nursing students to administer certain vaccines pursuant to patient specific orders or non-patient specific orders; authorizes 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 5706 2025-2026 Regular Sessions  IN SENATE February 28, 2025 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education 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: 1 Section 1. Section 6901 of the education law is amended by adding a 2 new subdivision 4 to read as follows: 3 4. "Nursing student" shall mean any person either receiving an educa- 4 tion in nursing or who has completed an education in nursing within the 5 prior year, where completing such education in nursing may permit such 6 person to be granted licensure under this article in accordance with the 7 applicable commissioner's regulations. 8 § 2. The education law is amended by adding a new section 6913 to read 9 as follows: 10 § 6913. Vaccination by nursing students. 1. Any nursing student may, 11 pursuant to a patient specific order or a non-patient specific order 12 under sections sixty-nine hundred nine and sixty-five hundred twenty- 13 seven of this title while overseen or approved by the department of 14 health or local health departments and operated under the medical super- 15 vision of licensed physicians, licensed physician assistants, or certi- 16 fied nurse practitioners: (a) administering immunizations to prevent 17 influenza to patients two years of age or older; and (b) administering 18 immunizations to prevent pneumococcal, acute herpes zoster, hepatitis A, 19 hepatitis B, human papillomavirus, measles, mumps, rubella, varicella, 20 COVID-19, meningococcal, tetanus, diphtheria or pertussis disease and 21 medications required for emergency treatment of anaphylaxis to patients EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03012-01-5 
 S. 5706 2 1 eighteen years of age or older; and (c) administering other immuniza- 2 tions recommended by the advisory committee on immunization practices of 3 the centers for disease control and prevention for patients eighteen 4 years of age or older if the commissioner of health in consultation with 5 the commissioner determines that an immunization: (i) (A) may be safely 6 administered by a licensed pharmacist within their lawful scope of prac- 7 tice; and (B) is needed to prevent the transmission of a reportable 8 communicable disease that is prevalent in New York state; or (ii) is a 9 recommended immunization for such patients who: (A) meet age require- 10 ments, (B) lack documentation of such immunization, (C) lack evidence of 11 past infection, or (D) have an additional risk factor or another indi- 12 cation as recommended by the advisory committee on immunization prac- 13 tices of the centers for disease control and prevention. 14 2. Prior to administering immunizations, a nursing student shall 15 receive training in the following areas, as determined by the commis- 16 sioner of health after consultation with the commissioner: 17 (a) techniques, indications, precautions, contraindications, infection 18 control practices; 19 (b) use of personal protective equipment sufficient to provide the 20 basic level of competence for such tasks; and 21 (c) a current certificate in basic cardiopulmonary resuscitation, 22 which at a minimum must include a certification in basic cardiopulmonary 23 resuscitation by an online program that has received accreditation from 24 the American Nurses Credentialing Center, the Accreditation Council for 25 Pharmacy Education (ACPE), or the Accreditation Council for Continuing 26 Medical Education. 27 3. When a nursing student administers an immunization, they shall: 28 (a) report such administration to the department of health either 29 through the statewide immunization information system or the citywide 30 immunization registry under section twenty-one hundred sixty-eight of 31 the public health law; and 32 (b) prior to administering the immunization, inform the patient or, 33 where applicable, the person legally responsible for the patient, on the 34 importance of having a primary health care practitioner. 35 § 3. Paragraph (b) of subdivision 3 of section 2168 of the public 36 health law is amended by adding a new subparagraph (iii) to read as 37 follows: 38 (iii) A nursing student, as defined in section sixty-nine hundred one 39 of the education law, who administers a vaccine pursuant to section 40 sixty-nine hundred thirteen of the education law to a person nineteen 41 years of age or older shall, with the consent of the vaccinee, report 42 all such immunizations to the department in a format prescribed by the 43 commissioner within fourteen days of administration of such immuniza- 44 tions. A nursing student, as defined in section sixty-nine hundred one 45 of the education law, who administers a vaccine pursuant to section 46 sixty-nine hundred thirteen of the education law to a person nineteen 47 years of age or older in the city of New York shall, with the consent of 48 the vaccinee, report in a format prescribed by the city of New York 49 commissioner of health and mental hygiene, all such immunizations to the 50 citywide immunization registry. 51 § 4. Section 6527 of the education law is amended by adding a new 52 subdivision 7-b to read as follows: 53 7-b. A licensed physician may prescribe and order a patient specific 54 order or a non-patient specific order to a nursing student, as defined 55 in section sixty-nine hundred one of this title, pursuant to regulations 56 made by the commissioner, and consistent with the public health law, 
 S. 5706 3 1 for: (a) administering immunizations to prevent influenza to patients 2 two years of age or older; and (b) administering immunizations to 3 prevent pneumococcal, acute herpes zoster, hepatitis A, hepatitis B, 4 human papillomavirus, measles, mumps, rubella, varicella, COVID-19, 5 meningococcal, tetanus, diphtheria or pertussis disease and medications 6 required for emergency treatment of anaphylaxis to patients eighteen 7 years of age or older; and (c) administering other immunizations recom- 8 mended by the advisory committee on immunization practices of the 9 centers for disease control and prevention for patients eighteen years 10 of age or older if the commissioner of health in consultation with the 11 commissioner determines that an immunization: (i) (A) may be safely 12 administered by a licensed pharmacist within their lawful scope of prac- 13 tice; and (B) is needed to prevent the transmission of a reportable 14 communicable disease that is prevalent in New York state; or (ii) is a 15 recommended immunization for such patients who: (A) meet age require- 16 ments, (B) lack documentation of such immunization, (C) lack evidence of 17 past infection, or (D) have an additional risk factor or another indi- 18 cation as recommended by the advisory committee on immunization prac- 19 tices of the centers for disease control and prevention. 20 § 5. Section 6909 of the education law is amended by adding a new 21 subdivision 7-a to read as follows: 22 7-a. A certified nurse practitioner may prescribe and order a patient 23 specific order or a non-patient specific order to a nursing student 24 pursuant to regulations made by the commissioner, and consistent with 25 the public health law, for: (a) administering immunizations to prevent 26 influenza to patients two years of age or older; and (b) administering 27 immunizations to prevent pneumococcal, acute herpes zoster, hepatitis A, 28 hepatitis B, human papillomavirus, measles, mumps, rubella, varicella, 29 COVID-19, meningococcal, tetanus, diphtheria or pertussis disease and 30 medications required for emergency treatment of anaphylaxis to patients 31 eighteen years of age or older; and (c) administering other immuniza- 32 tions recommended by the advisory committee on immunization practices of 33 the centers for disease control and prevention for patients eighteen 34 years of age or older if the commissioner of health in consultation with 35 the commissioner determines that an immunization: (i) (A) may be safely 36 administered by a licensed pharmacist within their lawful scope of prac- 37 tice; and (B) is needed to prevent the transmission of a reportable 38 communicable disease that is prevalent in New York state; or (ii) is a 39 recommended immunization for such patients who: (A) meet age require- 40 ments, (B) lack documentation of such immunization, (C) lack evidence of 41 past infection, or (D) have an additional risk factor or another indi- 42 cation as recommended by the advisory committee on immunization prac- 43 tices of the centers for disease control and prevention. 44 § 6. This act shall take effect immediately.