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 8.90 - Executive Order No. 90: Declaring a Disaster Emergency in the State of New York and Temporarily Authorizing Pharmacists to Immunize Children Against Seasonal Influenza

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, seasonal influenza has reached epidemic
					 proportions in New York State in the first months of the current influenza
					 season, with more than 19,000 confirmed cases - an increase of approximately
					 400 percent over the number of cases reported during the entire 2011-12
					 influenza season; and
WHEREAS, seasonal influenza poses a serious risk for
					 children and people with weakened immune systems or chronic medical conditions,
					 and has caused the deaths of several individuals, including children,
					 throughout the United States and in New York State during the current influenza
					 season; and
WHEREAS, seasonal influenza is a threat to public health
					 and safety and, if left unchecked, will cause personal hardship among the
					 general public throughout the State, including death, hospital overcrowding,
					 shortages of health care workers, and disruptions to businesses and critical
					 infrastructure because of illness-related absenteeism; and
WHEREAS, to combat the further spread of seasonal
					 influenza, it is necessary to facilitate the voluntary vaccination of as many
					 individuals as possible as quickly as possible; and
WHEREAS, the New York State Department of Health has
					 received reports that many primary care providers are unable to obtain
					 sufficient quantities of vaccine to meet current demand, particularly for
					 children; and
WHEREAS, this Order does 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, and does not authorize any minor to
					 be vaccinated without the consent of a person in parental relation to the
					 minor; and
WHEREAS, this Order does not authorize vaccination of
					 children under six months of age, for whom vaccines against influenza are not
					 appropriate, or of any individual for whom vaccination is contraindicated;
					 and
NOW, THEREFORE, I, ANDREW M. CUOMO, 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 find, pursuant to Section 28 of
					 Article 2-B of the Executive Law, that a disaster has occurred throughout 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.
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
					 specific provisions of any statute, local law, ordinance, orders, rules or
					 regulations, or parts thereof, of any agency during a State disaster emergency,
					 if compliance with such provisions would prevent, hinder or delay action
					 necessary to cope with the disaster emergency, I hereby temporarily suspend or
					 modify, as the case may be, during the period that such disaster emergency
					 remains in effect, the following:
Subdivision 22 of Section 6802  of the Education Law, and
					 any associated regulations, to the extent necessary to permit pharmacists who
					 are already authorized to administer vaccinations against seasonal influenza to
					 individuals 18 years of age and older also to administer vaccinations against
					 seasonal influenza to individuals between six months and 18 years of age;
					 and
Subdivision (7) of Section 6527 and Subdivision (7) of
					 Section 6909  of the Education Law, and any associated regulations, to the
					 extent necessary to permit non-patient specific regimens to be prescribed and
					 ordered to pharmacists already authorized to administer vaccinations against
					 seasonal influenza to individuals 18 years of age and older, so that such
					 pharmacists also may administer vaccinations against seasonal influenza to
					 individuals between six months and 18 years of age.
Signed: Andrew M. Cuomo
Dated: January 12, 2013