S 8716: Permits licensed pharmacists and nurse practitioners to prescribe and order COVID-19 immunizations; permits physicians to issue non-patient specific orders to pharmacists for COVID-19 immunizations for patients two years of age and older; permits pharmacists to issue patient specific orders for COVID-19 immunizations for patients two years of age and older.

  
  STATE OF NEW YORK ________________________________________________________________________ 8716  IN SENATE January 7, 2026 ___________ Introduced by Sen. HINCHEY -- 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 the prescribing and administration of certain immunizations by a physician, pharmacist or a certified nurse practitioner The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 7 of section 6527 of the education law, as 2 amended by chapter 555 of the laws of 2021, is amended to read as 3 follows: 4 7. A licensed physician may prescribe and order a patient specific 5 order or non-patient specific regimen to a licensed pharmacist, pursuant 6 to regulations promulgated by the commissioner, and consistent with the 7 public health law, for: (a) administering immunizations to prevent 8 influenza and COVID-19 to patients two years of age or older; and (b) 9 administering immunizations to prevent pneumococcal, acute herpes zost- 10 er, hepatitis A, hepatitis B, human papillomavirus, measles, mumps, 11 rubella, varicella, [COVID-19,] meningococcal, tetanus, diphtheria or 12 pertussis disease and medications required for emergency treatment of 13 anaphylaxis to patients eighteen years of age or older; and (c) adminis- 14 tering other immunizations recommended by the advisory committee on 15 immunization practices of the centers for disease control and prevention 16 for patients eighteen years of age or older if the commissioner of 17 health in consultation with the commissioner determines that an immuni- 18 zation: (i) (A) may be safely administered by a licensed pharmacist 19 within their lawful scope of practice; and (B) is needed to prevent the 20 transmission of a reportable communicable disease that is prevalent in 21 New York state; or (ii) is a recommended immunization for such patients 22 who: (A) meet age requirements, (B) lack documentation of such immuniza- 23 tion, (C) lack evidence of past infection, or (D) have an additional 24 risk factor or another indication as recommended by the advisory commit- 25 tee on immunization practices of the centers for disease control and 26 prevention. Nothing in this subdivision shall authorize unlicensed 27 persons to administer immunizations, vaccines or other drugs. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13959-02-5 
 S. 8716 2 1 § 2. Section 6801 of the education law is amended by adding a new 2 subdivision 10 to read as follows: 3 10. A licensed pharmacist within their lawful scope of practice may 4 prescribe and order a patient specific order for medications to prevent 5 COVID-19 to patients two years of age or older. 6 § 3. Subparagraph 2 of paragraph a of subdivision 22 of section 6802 7 of the education law, as amended by chapter 802 of the laws of 2022, is 8 amended to read as follows: 9 (2) the direct application of an immunizing agent to children between 10 the ages of two and eighteen years of age, whether by injection, inges- 11 tion, inhalation or any other means, pursuant to a patient specific 12 order or non-patient specific regimen prescribed or ordered by a physi- 13 cian or certified nurse practitioner, for immunization to prevent influ- 14 enza and COVID-19 and medications required for emergency treatment of 15 anaphylaxis resulting from such immunization. If the commissioner of 16 health determines that there is an outbreak of influenza or COVID-19, or 17 that there is the imminent threat of an outbreak of influenza or COVID- 18 19, then the commissioner of health may issue a non-patient specific 19 regimen applicable statewide. 20 § 4. Subdivision 7 of section 6909 of the education law, as amended by 21 chapter 555 of the laws of 2021, is amended to read as follows: 22 7. A certified nurse practitioner may prescribe and order a patient 23 specific order or non-patient specific regimen to a licensed pharmacist, 24 pursuant to regulations promulgated by the commissioner, and consistent 25 with the public health law, for: (a) administering immunizations to 26 prevent influenza and COVID-19 to patients two years of age or older; 27 and (b) administering immunizations to prevent pneumococcal, acute 28 herpes zoster, hepatitis A, hepatitis B, human papillomavirus, measles, 29 mumps, rubella, varicella, [COVID-19,] meningococcal, tetanus, diphthe- 30 ria or pertussis disease and medications required for emergency treat- 31 ment of anaphylaxis to patients eighteen years of age or older; and (c) 32 administering other immunizations recommended by the advisory committee 33 on immunization practices of the centers for disease control and 34 prevention for patients eighteen years of age or older if the commis- 35 sioner of health in consultation with the commissioner determines that 36 an immunization: (i) (A) may be safely administered by a licensed phar- 37 macist within their lawful scope of practice; and (B) is needed to 38 prevent the transmission of a reportable communicable disease that is 39 prevalent in New York state; or (ii) is a recommended immunization for 40 such patients who: (A) meet age requirements, (B) lack documentation of 41 such immunization, (C) lack evidence of past infection, or (D) have an 42 additional risk factor or another indication as recommended by the advi- 43 sory committee on immunization practices of the centers for disease 44 control and prevention. Nothing in this subdivision shall authorize 45 unlicensed persons to administer immunizations, vaccines or other drugs. 46 § 5. This act shall take effect immediately.