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 9.78 - Executive Order No. 78: Declaring a Disaster 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 polioviruses have been
					 detected in wastewater samples collected in Orange, Rockland, and Sullivan
					 counties in April, May, June, July, and August 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 78.96%, 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, hereby find, pursuant to Section 28 of Article
					 2-B of the Executive Law, that a disaster has occurred in New York State, for
					 which the affected local governments are unable to respond adequately, and I do
					 hereby declare a State disaster emergency for the entire State of New York
					 through October 9, 2022; and.
IN ADDITION, pursuant to Section 29 of Article 2-B of the
					 Executive Law, I direct the implementation of the State Comprehensive Emergency
					 Management Plan and authorize all necessary State agencies to take appropriate
					 action to assist local governments and individuals in containing, preparing
					 for, responding to and recovering from this State disaster emergency, to
					 protect state and local property, and to provide such other assistance as is
					 necessary to protect public health, welfare, and safety.
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 tire period from the date of this Executive Order through October 9,
					 2022 the following:
* Subdivisions 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, to the extent necessary to allow 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 pursuant to a non-patient specific
					 order, including in non-emergency environments and locations, provided that
					 emergency medical technicians-paramedics and advanced EMS providers must first
					 meet conditions set by the Commissioner of Health;
* Section 6951  of the Education Law, and section
					 79-5.5 of Title 8 of NYCRR, insofar
					 as such provisions limit the practice of midwifery to management of normal
					 pregnancies, child birth and postpartum care as well as primary preventive
					 reproductive health care of essentially healthy women, and newborn evaluation,
					 resuscitation and referral for infants, and insofar as it limits the practice
					 of midwifery to midwives who practice in accordance with collaborative
					 relationships with licensed physicians or hospitals, so that for the purposes
					 of this disaster emergency, midwives may 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, provided, however, that a midwife without a
					 certificate issued by the State Education Department for administering
					 immunizing agents, must meet conditions set by the Commissioner of
					 Health;
* Subdivision 2 of section 6801  of the Education Law and
					 63.9 of Title 8 of the NYCRR, to the extent necessary to allow pharmacists to
					 administer vaccinations against poliovirus pursuant to a non-patient specific
					 order;
* 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, to the extent necessary to permit physicians and
					 certified nurse practitioners to issue a non-patient specific regimen to nurses
					 or any such other persons authorized by law or by this executive order to
					 administer vaccinations against poliovirus; and
* Subdivisions 3 of Section 2168  of the Public Health Law
					 and Section 66-1.2 of Title 10 of the NYCRR, to the extent necessary to suspend
					 the requirement that health care providers, including registered nurses,
					 midwives, certified emergency medical technicians-paramedics, advanced EMS
					 providers and pharmacists, who administer poliovirus vaccine to persons 19
					 years of age or older are required to obtain consent of the vaccine in order to
					 report such vaccination to the New York State Immunization Information System
					 (NYSIIS) or the Citywide Immunization Registry (CIR), and such provisions are
					 further modified to the extent necessary to require all poliovirus vaccinations
					 for any individual (child or adult) to be reported to NYSIIS or CIR, as
					 applicable, within 72 hours of administration of a poliovirus vaccination.
					 Nothing in this paragraph shall be read to permit the vaccination of any person
					 without their consent or the consent of another person legally authorized to
					 provide such consent.
GIVEN under my hand and the Privy Seal of the State on this
					 ninth day of September in the City of Albany in the year two thousand
					 twenty-two.
Signed: Kathy Hochul
Dated: September 9, 2022