New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 8 - Executive Orders (Andrew M. Cuomo) › Section 8.96 - Executive Order No. 96: Continuing the temporary suspension and modification of statutory and regulatory provisions to promote the immunization of children against seasonal influenza

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on January 12, 2013, I issued Executive Order
					 Number 90, declaring a disaster emergency in the State of New York; and
WHEREAS, section 29-a  of the Executive Law authorizes the
					 suspension, alteration and modification of specific provisions of statutes,
					 local laws, ordinances, orders, rules or regulations, or parts thereof, if
					 compliance with such provisions would prevent, hinder, or delay action
					 necessary to cope with a disaster emergency; and
WHEREAS, Executive Order Number 90 temporarily, during the
					 disaster emergency, authorized the suspension and modification of specified
					 laws and regulations for the purpose of facilitating the administration of
					 seasonal influenza vaccine to the people of the State of New York, and
					 particularly to children; and
WHEREAS, Executive Order Number 90 allowed pharmacists who
					 are already authorized to administer vaccinations against seasonal influenza to
					 individuals 18 years of age and older to also administer such vaccinations to
					 individuals between six months and 18 years of age, pursuant to prescriptions
					 or orders for non-patient specific regimens for seasonal influenza vaccine;
					 and
WHEREAS, Executive Order Number 90 expressly stated that it
					 did not authorize any person to be vaccinated without his or her consent or the
					 consent of another person legally authorized to consent on his or her behalf,
					 did not authorize any minor to be vaccinated without the consent of a person in
					 parental relation to the minor, and did not authorize the vaccination of
					 children under six months of age - for whom vaccines against influenza are not
					 licensed - or of any individual whom vaccination is contraindicated; and
WHEREAS, on February 12, 2013, I issued Executive Order
					 Number 93 to continue the suspension and modification of certain provisions of
					 law and regulation ordered by Executive Order Number 90; and
WHEREAS, Executive Order Number 93 also allowed the New
					 York State Commissioner of Health to prescribe or order a state-wide non
					 patient specific regimen for seasonal influenza vaccine, covering individuals
					 six months of age or older, to pharmacists already authorized to administer
					 seasonal influenza vaccinations to individuals 18 years of age and older;
					 and
WHEREAS, the conditions that prompted the issuance of
					 Executive Order Numbers 90 and 93, including the widespread incidence of
					 influenza and reports that many primary care providers are unable to obtain
					 sufficient quantities of vaccine to meet demand, particularly for children,
					 continue to persist; and
WHEREAS, Section 29-a  of the Executive Law provides that no
					 suspension of laws shall be made for a period in excess of thirty days,
					 provided, however, that upon reconsideration of all of the relevant facts and
					 circumstances, the suspension may be extended for additional thirty-day
					 periods;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State
					 of New York, by virtue of the authority vested in me by Section 29-a of Article
					 2-B of the Executive Law, and after having reconsidered all of the relevant
					 facts and circumstances, do hereby order that the suspension and modification
					 of statutory and regulatory provisions ordered by Executive Order Numbers 90
					 and 93 shall continue for an additional thirty days from the date upon which
					 this Order is executed, upon the same terms and conditions set forth in such
					 Order, including those enumerated above.
Signed: Andrew M. Cuomo
Dated: March 15, 2013