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 8.93 - Executive Order No. 93: 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 No.
					 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 No. 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 No. 90 allowed pharmacists who are
					 already authorized to administer vaccinations against seasonal influenza to
					 individuals 18 years of age and older also to 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 No. 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, the conditions that prompted the issuance of
					 Executive Order No. 90, including the widespread incidence of influenza and
					 reports that many primary care providers were 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; and
WHEREAS, this Order extends the suspension and modification
					 of statutory and regulatory provisions ordered by Executive Order No. 90;
					 and
WHEREAS, the New York State Department of Health has
					 received reports that while many pharmacists already had in place such
					 prescriptions or orders for non-patient specific regimens to administer
					 seasonal influenza vaccine to adults, a number of pharmacists have been unable
					 to expeditiously obtain similar orders for children; and
WHEREAS, this Order also removes that barrier by
					 authorizing the New York State Commissioner of Health to prescribe or order a
					 State-wide non-patient specific regimen for seasonal influenza vaccine for
					 individuals six months of age and older; and
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 No. 90 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; 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
					 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 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 and older, to pharmacists already authorized to administer
					 vaccinations against seasonal influenza to individuals 18 years of age and
					 older.
Signed: Andrew M. Cuomo
Dated: February 12, 2013