New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 9 - Executive Orders (Kathy Hochul) › Section 9.79 - Executive Order No. 79: Continuing the Declaration of a Statewide Disaster Emergency Due to the Ongoing Spread of Polio in the State of New York

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, a case of paralytic polio was identified on July
					 21, 2022, in an unvaccinated resident of Rockland County who had no
					 international travel during the incubation period for polio;
WHEREAS, the poliovirus that infected the Rockland County
					 individual has been identified as a case of vaccine-derived poliovirus, the
					 last of which was identified in New York in 1990;
WHEREAS, genetically related poliovirus have been detected
					 in wastewater samples collected from Kings, Nassau, Orange, Queens, Rockland,
					 and Sullivan counties in April, May, June, July, August, and September
					 2022;
WHEREAS, polio was declared eliminated in the United States
					 in 1979, primarily due to high vaccination rates against polio;
WHEREAS, routine vaccination rates against polio across all
					 ages have decreased throughout the COVID-19 pandemic and vaccine hesitancy has
					 increased;
WHEREAS, vaccination rates against polio among 2-year old
					 children in New York is 79%, and is significantly less than that in several
					 counties and zip codes;
WHEREAS, local health departments are actively responding
					 to the poliovirus outbreak through investigation support, contact
					 identification and monitoring, vaccine administration for exposed contacts and
					 focused current high-risk populations, and education and outreach;
WHEREAS, the State government must support the
					 municipalities, localities, and counties in their efforts to facilitate and
					 administer vaccinations and tests for poliovirus, and to prevent the disease
					 from continuing to spread;
NOW, THEREFORE, I, Kathy Hochul, Governor of the State of
					 New York, by virtue of the authority vested in me by the Constitution and the
					 Laws of the State of New York, do hereby extend the state disaster emergency as
					 set forth in Executive Order 21, and do hereby continue the terms, conditions,
					 and suspensions contained therein, until November 8, 2022; and
FURTHER, by virtue of the authority vested in me by Section
					 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any
					 statute, local law, ordinance, order, rule, or regulation, or parts thereof, of
					 any agency during a State disaster emergency, if compliance with such statute,
					 local law, ordinance, order, rule, or regulation would prevent, hinder, or
					 delay action necessary to cope with the disaster emergency or if necessary to
					 assist or aid in coping with such disaster, I hereby temporarily suspend or
					 modify for the period from the date of this Executive Order through November 8,
					 2022 the following:
* The temporary modification of Subdivision 6 and 7 of
					 section 3001  of the Public Health Law, subdivisions (o) and (p) of section
					 800.3, and section
					 800.15 of Title 10 of the NYCRR,
					 contained in Executive Order 21, insofar as such modification authorized
					 certified emergency medical technicians-paramedics and advanced EMS providers,
					 providing community paramedicine services with prior approval of the Department
					 of Health to administer vaccinations against poliovirus, is further modified to
					 the extent necessary to allow certified emergency medical
					 technicians-paramedics and advanced EMS providers to also administer
					 vaccinations against poliovirus which contain tetanus, pertussis, hepatitis B,
					 and Hib vaccines;
* The temporary modification of Section 6951  of the
					 Education Law, and section
					 79-5.5 of Title 8 of the NYCRR,
					 contained in Executive Order 21, insofar as such modification authorized
					 midwives to administer vaccinations against poliovirus to any patient pursuant
					 to a non-patient specific order under the medical supervision of licensed
					 physicians, licensed physician assistants, or certified nurse practitioners, is
					 further modified to the extent necessary to allow midwives to also administer
					 vaccinations against poliovirus which contain diphtheria, tetanus, pertussis,
					 hepatitis B, and Hib vaccines;
* The temporary modification of Subdivision 2 of section 6801  of the Education Law and 63.9 of Title 8 of the NYCRR, contained in
					 Executive Order 21, insofar as such modification authorized pharmacists to
					 administer vaccinations against poliovirus pursuant to a non-patient specific
					 order, is modified to the extent necessary to allow pharmacists to also
					 administer vaccinations against poliovirus pursuant to a patient specific order
					 and also to the extent necessary to allow pharmacists to also administer
					 vaccinations against poliovirus which contain tetanus, pertussis, hepatitis B,
					 and Hib vaccines pursuant to a non-patient specific and a patient specific
					 order; and
* The temporary modification of Subdivision 6 of section 6527  of the Education Law, subdivision 4 of section 6909 of the Public Health
					 Law, and section 64.7 of Title 8 of the NYCRR, contained in Executive Order 21,
					 insofar as such modification authorized physicians and certified nurse
					 practitioners to issue a non-patient specific regimen to persons authorized by
					 law or by this executive order to administer vaccinations against poliovirus,
					 is modified to the extent necessary to allow physicians and certified nurse
					 practitioners to also issue non-patient specific regimen to administer
					 vaccinations against poliovirus which contain diphtheria, tetanus, pertussis,
					 hepatitis B, and Hib vaccine, and also to issue patient specific orders to
					 licensed pharmacists for administration of immunizations to prevent poliovirus
					 including vaccinations which contain diphtheria, tetanus, pertussis, hepatitis
					 B, and Hib vaccine.
GIVEN under my hand and the Privy Seal of the State in the
					 City of Albany on this ninth day of October in the year two thousand
					 twenty-two.
Signed: Kathy Hochul
Dated: October 9, 2022