New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 7 - Executive Orders (David A. Paterson) › Section 7.29 - Executive Order No. 29: Declaring a Disaster Emergency in the State of New York. [*]

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on April 26, 2009, the Secretary of the United
					 States Department of Health and Human Services determined that a public health
					 emergency involving 2009 H1N1 influenza exists nationwide, which determination
					 was renewed by the Secretary on July 24, 2009 and October 1, 2009; and
WHEREAS, on June 11, 2009, the World Health Organization
					 declared that 2009 H1N1 influenza had spread around the world to the point
					 where it is now a pandemic; and
WHEREAS, on October 23, 2009, President Barack Obama
					 declared a national emergency pursuant to sections 201 and 202 of the National
					 Emergencies Act (50
					 U.S.C. 1621, et seq.) given that the rapid
					 increase in illness across the nation may overburden health care resources, and
					 authorized the Secretary of Health and Human Services to exercise the authority
					 under section 1135 of the Social Security Act to waive or modify certain
					 requirements of the Medicare, Medicaid, and State Children's Health Insurance
					 programs and of the Health Insurance Portability and Accountability Act Privacy
					 Rule as necessary to respond to the pandemic; and
WHEREAS, 2009 H1N1 influenza is widespread throughout the
					 State of New York, with at least 75 known deaths including among children and
					 pregnant women, but the true magnitude of cases may be as much as 10 percent of
					 the population or more in some areas; and
WHEREAS, there is evidence that the spread of 2009 H1N1
					 influenza is increasing in schools; and
WHEREAS, the 2009 H1N1 influenza pandemic is a threat to
					 public health and safety in New York and, if 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 due to illness-related absenteeism;
					 and
WHEREAS, the seriousness of the 2009 H1N1 influenza
					 pandemic, compounded by the concurrent presence in the community of seasonal
					 influenza disease, constitutes a public health emergency; and
WHEREAS, Public Health Law sections 206(1)(l) and 613(1)
					 authorize the New York State Department of Health and local heath departments,
					 respectively, to establish and conduct programs for the voluntary immunization
					 of adults and the immunization of children with parental consent to prevent or
					 minimize the spread of disease and to protect the public health;
WHEREAS, among the factors contributing to the imminence
					 and seriousness of the public health emergency are a shortage of nurses and
					 other trained and licensed personnel able to administer vaccinations to as many
					 people and as quickly as possible, potentially causing hospitals, clinics and
					 other health care providers to be overwhelmed by excessive number of
					 individuals seeking vaccination and patients who become ill with 2009 H1N1
					 influenza or seasonal influenza; and
WHEREAS, to combat the further spread of 2009 H1N1
					 influenza, avoid excessive disruptions to the health care system and society in
					 general, and protect the lives, health, safety and welfare of the public, it is
					 necessary to remove or minimize barriers to the voluntary vaccination of as
					 many individuals as possible as quickly as possible against 2009 H1N1 influenza
					 and seasonal influenza, by making available the services, personnel, equipment,
					 and facilities necessary to conduct such vaccinations and facilitating the
					 timely and accurate reporting of vaccinations; and
WHEREAS, it is therefore necessary to facilitate the timely
					 distribution and administration of 2009 H1N1 influenza and seasonal influenza
					 vaccine in various settings throughout the State, and in particular to permit
					 Points of Dispensing (hereinafter "PODs") overseen or approved by the New York
					 State Department of Health or local health departments and operated under the
					 medical supervision of physicians, physician assistants or nurse practitioners
					 certified in accordance with paragraph b of subdivision 3 of section 6902  of
					 the Education Law to utilize certain health professionals, who are not
					 currently authorized to administer vaccinations but who are licensed or
					 certified under specific provisions of the Education Law or the Public Health
					 Law and who will be trained as necessary, to administer 2009 H1N1 influenza and
					 seasonal influenza vaccinations; and
WHEREAS, health professionals licensed or certified under
					 the Education Law or the Public Health Law are authorized to engage in specific
					 scopes of practice, and this Order shall not expand the scopes of practice of
					 these professionals to allow them routinely to administer vaccinations, but
					 rather will allow them to vaccinate only under the extremely limited
					 circumstances described in and for the duration of this Order; and
WHEREAS, records maintained in the New York State
					 Immunization Information System (NYSIIS) and the New York City Citywide
					 Immunization Registry (CIR) are securely maintained and may be disclosed only
					 as provided in law, and this Order shall not alter any existing provision for
					 the security or confidentiality of immunization information; 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 the vaccination of
					 any person under six months of age or for whom the 2009 H1N1 influenza or
					 seasonal influenza is medically contraindicated;
NOW, THEREFORE, I, David A. Paterson, 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, I 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, pursuant to Section 29 of Article 2-B of the
					 Executive Law, I direct the implementation of the State Disaster Preparedness
					 Plan and authorize all necessary State agencies to take appropriate action to
					 assist affected local governments and individuals in responding to and
					 recovering from this public health emergency, to protect state and local
					 property, and to provide such other assistance as is necessary to protect
					 public health and safety.
FURTHER, pursuant to the authority vested in me by Section
					 29-a of Article 2-B of the Executive Law, to allow adequate staffing and
					 efficient operation of PODs overseen or approved by the New York State
					 Department of Health or local health departments for the purpose of
					 facilitating the timely distribution and administration of 2009 H1N1 influenza
					 and seasonal influenza vaccine to the people of the State of New York without
					 charge to individual vaccinees, to facilitate the timely distribution and
					 administration of 2009 H1N1 influenza and seasonal influenza vaccine in other
					 settings throughout the State, and to protect and preserve health and prevent
					 illness and death, I hereby temporarily suspend or modify, as the case may be,
					 for a period of thirty days, the following specific provisions of statute,
					 rules and regulations, or parts thereof, as compliance with such provisions
					 would prevent, hinder, or delay action necessary to cope with the State
					 disaster emergency:
Subdivision 1 of section 6902  of the Education Law in so
					 far as it limits the execution of medical regimens prescribed by a licensed
					 physician or other licensed and legally authorized health care provider to
					 nurses licensed pursuant to Article 139 of the Education Law, so that, for the
					 purposes of this Executive Order only, physician assistants, specialist
					 assistants, dentists, dental hygienists who have been issued a dental hygiene
					 restricted local infiltration anesthesia/nitrous oxide analgesia certificate,
					 pharmacists, midwives, and podiatrists, which professions are licensed or
					 certified under Articles 131-B, 133, 137, 140 and 141 of the Education Law and
					 advanced emergency medical technicians certified pursuant to Public Health Law
					 Article 30 may administer vaccinations against 2009 H1N1 influenza and seasonal
					 influenza at PODs, provided they first receive training in techniques,
					 indications, precautions, contraindications, infection control practices, and
					 use of personal protective equipment sufficient to provide the basic level of
					 competence for such tasks, as determined by the Commissioner of Health after
					 consultation with the Commissioner of Education;
Paragraph 1 of section 6542  of the Education Law and
					 subdivisions a and b of section 94.2 of Title 10 of the Official Compilation of
					 Codes Rules and Regulations of the State of New York (NYCRR) in so far as they
					 require a physician assistant to be under the supervision of a physician when
					 performing medical services and only allow the physician assistant to perform
					 such acts and duties as are assigned to him or her within the scope of practice
					 of such supervising physician, so that, for the purposes of this Executive
					 Order only, physician assistants may medically supervise PODs and administer
					 vaccinations against 2009 H1N1 influenza and seasonal influenza at PODs
					 pursuant to a non-patient specific order, provided they first receive training
					 in techniques, indications, precautions, contraindications, infection control
					 practices, and use of personal protective equipment sufficient to provide the
					 basic level of competence for such tasks, as determined by the Commissioner of
					 Health after consultation with the Commissioner of Education;
Paragraph 2 of section 6542  of the Education Law and
					 subdivisions a and b of section 94.2 of Title 10 of the NYCRR in so far as they
					 require a specialist assistant to be under the supervision of a physician when
					 performing medical services and only allow the special assistant to perform
					 such acts and duties as are related to the designated medical specialty for
					 which he or she is registered and are within the scope of practice of his or
					 her supervising physician, so that, for the purposes of this Executive Order
					 only, specialist assistants may administer vaccinations against 2009 H1N1
					 influenza and seasonal influenza at PODs pursuant to a non-patient specific
					 order, provided they first receive training in techniques, indications,
					 precautions, contraindications, infection control practices, and use of
					 personal protective equipment sufficient to provide the basic level of
					 competence for such tasks, as determined by the Commissioner of Health after
					 consultation with the Commissioner of Education;
Section 6601  of the Education Law in so far as it limits
					 the practice of dentistry to the treatment of the mouth and the adjacent
					 tissue, to the exclusion of any other part of the human body, so that, for the
					 purposes of this Executive Order only, dentists may administer vaccinations
					 against 2009 H1N1 influenza and seasonal influenza at PODs pursuant to a
					 non-patient specific order, provided they first receive training in techniques,
					 indications, precautions, contraindications, infection control practices, and
					 use of personal protective equipment sufficient to provide the basic level of
					 competence for such tasks, as determined by the Commissioner of Health after
					 consultation with the Commissioner of Education;
Subdivision 1 of section 6828 and subdivision 3 of section 6801  of the Education Law and paragraph 3 of subdivision b of section 63.9 of
					 Title 8 of the NYCRR, in so far as they prohibit pharmacists without a
					 certificate of administration issued by the State Education Department from
					 administering immunizing agents, so that, for the purposes of this Executive
					 Order only, pharmacists without a certificate of administration may administer
					 vaccinations against 2009 H1N1 influenza and seasonal influenza at PODs
					 pursuant to a non-patient specific order, provided they first receive training
					 in techniques, indications, precautions, contraindications, infection control
					 practices, and use of personal protective equipment sufficient to provide the
					 basic level of competence for such tasks, as determined by the Commissioner of
					 Health after consultation with the Commissioner of Education;
Section 7001  of the Education Law in so far as it limits
					 the practice of podiatry to the treatment of the foot, to the exclusion of any
					 other part of the human body, so that, for the purposes of this Executive Order
					 only, podiatrists may administer vaccinations against 2009 H1N1 influenza and
					 seasonal influenza at PODs pursuant to a non-patient specific order, provided
					 they first receive training in techniques, indications, precautions,
					 contraindications, infection control practices, and use of personal protective
					 equipment sufficient to provide the basic level of competence for such tasks,
					 as determined by the Commissioner of Health after consultation with the
					 Commissioner of Education;
Section 6951  of the Education Law in so far as it limits
					 the practice of midwifery to midwives who practice in accordance with written
					 practice agreements with a licensed physician or hospital licensed pursuant to
					 Article 28 of the Public Health Law and in so far as it permits midwives to
					 administer drugs only within the practice of midwifery, so that, for the
					 purposes of this Executive Order only, midwives may administer vaccinations
					 against 2009 H1N1 influenza and seasonal influenza at PODs pursuant to a
					 non-patient specific order, provided they first receive training in techniques,
					 indications, precautions, contraindications, infection control practices, and
					 use of personal protective equipment sufficient to provide the basic level of
					 competence for such tasks, as determined by the Commissioner of Health after
					 consultation with the Commissioner of Education;
Subdivision 2 of section 6951  of the Education Law and
					 section 79-5.6 of Title 8 of NYCRR in so
					 far as they prohibit midwives without a certificate issued by the State
					 Education Department from administering immunizing agents, so that, for the
					 purposes of this Executive Order only, midwives without a certificate may
					 administer vaccinations against 2009 influenza and seasonal influenza at PODs
					 pursuant to a non-patient specific order, provided they first receive training
					 in techniques, indications, precautions, contraindications, infection control
					 practices, and use of personal protective equipment sufficient to provide the
					 basic level of competence for such tasks, as determined by the Commissioner of
					 Health after consultation with the Commissioner of Education;
Subdivision 1 of section 6606  of the Education Law and
					 section 61.9 of Title 8 of the NYCRR in so far as they restrict the practice of
					 dental hygiene to the performance of dental services and require that the
					 practice of dental hygiene be conducted in the office of any licensed dentist
					 or appropriately equipped school or public institution, under the supervision
					 of a dentist, so that, for the purposes of this Executive Order only, dental
					 hygienists who have been issued a dental hygiene restricted local infiltration
					 anesthesia/nitrous oxide analgesia certificate in accordance with section 6605-b  of the Education Law and section 61.17 of Title 8 of the NYCRR may
					 administer vaccinations against 2009 H1N1 influenza and seasonal influenza at
					 PODs pursuant to a non-patient specific order, provided they first receive
					 training in techniques, indications, precautions, contraindications, infection
					 control practices, and use of personal protective equipment sufficient to
					 provide the basic level of competence for such tasks, as determined by the
					 Commissioner of Health after consultation with the Commissioner of
					 Education;
Subdivision 7 of section 3001  of the Public Health Law and
					 subdivision b of section
					 800.15 of Title 10 of the NYCRR in
					 so far as they limit the responsibilities of advanced emergency medical
					 technicians to administration or supervision of initial emergency medical care
					 and transportation of sick or injured persons and in so far as they require
					 advanced emergency medical technicians to treat patients in accordance with
					 applicable State-approved protocols unless authorized to do otherwise for an
					 individual patient by a medical control physician, so that, for the purposes of
					 this Executive Order only, advanced emergency medical technicians may
					 administer vaccinations against 2009 H1N1 influenza and seasonal influenza at
					 PODs pursuant to a non-patient specific order and pursuant to medical direction
					 at such PODs, provided they first receive training in techniques, indications,
					 precautions, contraindications, infection control practices, and use of
					 personal protective equipment sufficient to provide the basic level of
					 competence for such tasks, as determined by the Commissioner of Health after
					 consultation with the Commissioner of Education;
Subdivisions 6 and 7 of section 6527 and subdivisions 4 and
					 7 of section 6909  of the Education Law in so far as they authorize licensed
					 physicians and certified nurse practitioners to prescribe and order non-patient
					 specific regimens only to registered professional nurses and pharmacists with a
					 certificate of administration, so that, for the purposes of this Executive
					 Order only, licensed physicians and certified nurse practitioners may also
					 prescribe and order non-patient specific regimens to physician assistants and
					 specialist assistants, dentists and dental hygienists who have been issued a
					 dental hygiene restricted local infiltration anesthesia/nitrous oxide analgesia
					 certificate, pharmacists without a certificate of administration, midwives and
					 podiatrists, which professions are licensed or certified under Articles 131-B,
					 133, 137, 140 and 141 of the Education Law, and to advanced emergency medical
					 technicians certified pursuant to Public Health Law Article 30, and such
					 licensed or certified persons may administer vaccinations against 2009 H1N1
					 influenza and seasonal influenza at PODs pursuant to such non-patient specific
					 regimens, provided they first receive training in techniques, indications,
					 precautions, contraindications, infection control practices, and use of
					 personal protective equipment sufficient to provide the basic level of
					 competence for such tasks, as determined by the Commissioner of Health after
					 consultation with the Commissioner of Education;
Paragraphs a and b of subdivision 2 of section 6801  of the
					 Education Law and subparagraphs (vii) and (xi) of paragraph 4 of subdivision b
					 of section 63.9 of Title 8 of the NYCRR in so far as they require licensed
					 pharmacists administering immunizing agents pursuant to a non-patient specific
					 regimen to report such administrations to patients' attending physicians and
					 provide information to patients on the importance of having a primary health
					 care practitioner, so that, for purposes of this Executive Order only, licensed
					 pharmacists administering vaccinations against 2009 H1N1 influenza and seasonal
					 influenza at PODs need not provide information to patients on the importance of
					 having a primary health care practitioner or report such administration to
					 patients' attending physicians, and may instead report the vaccination to the
					 CIR or NYSIIS;
Subdivision 22 of section 6802  of the Education Law and
					 subparagraph (ii) of paragraph 1 of subdivision b of section 63.9 of Title 8 of
					 the NYCRR in so far as they authorize licensed pharmacists to administer
					 vaccines pursuant to a non-patient specific order only if such order is issued
					 by a physician or certified nurse practitioner who has a practice site in the
					 county or a county adjoining the county where the vaccination is to be
					 administered, so that, for the purposes of this Executive Order only, licensed
					 pharmacists may administer vaccinations against 2009 H1N1 influenza and
					 seasonal influenza at PODs or in other settings pursuant to a non-patient
					 specific order issued by any physician licensed in the State of New York or any
					 nurse practitioner certified in the State of New York, without regard to such
					 physician or nurse practitioner's practice location, provided that such
					 pharmacists continue to receive adequate supervision as determined by the
					 Commissioner of Health after consultation with the Commissioner of
					 Education;
Subdivision 22 of section 6802  of the Education Law and
					 paragraph 2 of subdivision b of section 63.9 of Title 8 of the NYCRR in so far
					 as they limit the authority of pharmacists with a certificate of authorization
					 to administer immunizing agents to permit such administration only to
					 individuals who are 18 years of age or older, so that, for the purposes of this
					 Executive Order only, pharmacists may also administer vaccinations against 2009
					 H1N1 influenza and seasonal influenza for patients between six months and 18
					 years of age, whether at PODs or in other settings;
Paragraph 3 of subdivision a of section 64.7 of Title 8 of
					 the NYCRR in so far as it requires a registered professional nurse authorized
					 to administer immunization agents pursuant to a non-patient specific order to
					 be currently certified in cardio-pulmonary resuscitation (CPR), so that, for
					 the purposes of this Executive Order only, registered professional nurses whose
					 certification has lapsed but who remained licensed may administer vaccinations
					 against 2009 H1N1 influenza and seasonal influenza at PODs, provided they are
					 first trained in CPR and provided further that at least two CPR certified staff
					 are present on site at the time;
Clause (d) of subparagraph (iii) of paragraph 4 of
					 subdivision a of section 64.7 of Title 8 of NYCRR in so far as it requires
					 registered professional nurses administering immunizing agents pursuant to a
					 non-patient specific regimen to report such administration to patients'
					 attending physicians, so that, for the purposes of this Executive Order,
					 registered professional nurses may administer vaccinations against 2009 H1N1
					 and seasonal influenza at PODs without reporting such administrations to
					 patients' attending physicians, and may instead report the vaccination to the
					 CIR or NYSIIS;
Paragraph a of subdivision 3 of section 2168  of the Public
					 Health Law in so far as it requires the express written consent of the vaccinee
					 for inclusion of information regarding immunizations administered to persons 19
					 years of age or older in the NYSIIS and the CIR, so that, for the purposes of
					 this Executive Order only, the Commissioner of Health may include adult
					 immunization information for 2009 H1N1 influenza and seasonal vaccination at
					 PODs in NYSIIS without consent of the vaccinee, and the New York City
					 Commissioner of Health and Mental Hygiene may include adult immunization
					 information for 2009 H1N1 influenza and seasonal influenza vaccination at PODs
					 and for 2009 H1N1 influenza vaccination in other settings in the CIR without
					 consent of the vaccinee, provided that nothing in this paragraph shall be read
					 to permit the vaccination of any person without his or her consent or the
					 consent of another person legally authorized to provide such consent, or to
					 permit the vaccination of any minor without the consent of a person in parental
					 relation to the minor;
Paragraph 2 of subdivision a of section 66-1.2 of Title 10
					 of the NYCRR in so far as it defines the CIR to include records of vaccinations
					 of persons 19 years of age and older with written consent, so that, for the
					 purposes of this Executive Order only, the registry may include adult
					 immunization information for 2009 H1N1 influenza and seasonal vaccination at
					 PODs and for 2009 H1N1 influenza vaccination in other settings in the CIR
					 without consent of the vaccinee, provided that nothing in this paragraph shall
					 be read to permit the vaccination of any person without his or her consent or
					 the consent of another person legally authorized to provide such consent, or to
					 permit the vaccination of any minor without the consent of a person in parental
					 relation to the minor;
Paragraph 6 of subdivision a of section 66-1.2 of Title 10
					 of the NYCRR in so far as it defines registrants to include those persons 19
					 years of age or older receiving immunizations who provide written consent to
					 have their immunizations recorded in the system, so that, for the purposes of
					 this Executive Order only, consent of the vaccinee is not required to record
					 adult immunization information for 2009 H1N1 influenza and seasonal influenza
					 vaccination at PODs in NYSIIS or to record adult immunization information for
					 2009 H1N1 influenza and seasonal influenza vaccination at PODs and 2009 H1N1
					 influenza vaccination in other settings in the CIR, provided that nothing in
					 this paragraph shall be read to permit the vaccination of any persons without
					 his or her consent or the consent of another person legally authorized to
					 provide such consent, or to permit the vaccination of any minor without the
					 consent of a person in parental relation to the minor;
Paragraph 3 of subdivision a of section 29.2 of Title 8 of
					 NYCRR in so far as it makes it an act of professional misconduct for the
					 professions listed within that section to fail to maintain and retain a record
					 for each patient which accurately reflects the evaluation and treatment of the
					 patient, so that, for the purposes of this Executive Order only, persons
					 practicing the professions listed within that section who are authorized to
					 administer vaccinations pursuant to this Order are not required to maintain and
					 retain such record for those to whom they administer vaccinations against 2009
					 H1N1 influenza or seasonal influenza at PODs;
Clause (f) of subparagraph (iii) of paragraph 4 of
					 subdivision a of section 64.7 of Title 8 of the NYCRR in so far as it requires
					 a registered professional nurse administering an immunizing agent pursuant to a
					 non-patient specific regimen to ensure that a record of all persons immunized
					 is recorded, maintained, and retained in accordance with paragraph 3 of
					 subdivision a of Section
					 29.2 of the regulations of the
					 Board of Regents of the State Education Department, so that, for the purposes
					 of this Executive Order only, registered professional nurses are not required
					 to ensure that such a record is maintained and retained for those to whom they
					 administer vaccinations against 2009 H1N1 influenza or seasonal influenza at
					 PODs;
Subparagraph ix of paragraph 4 of subdivision b of section
					 63.9 of Title 8 of NYCRR in so far as it requires a pharmacist administering an
					 immunizing agent pursuant to a non-patient specific regimen to ensure that a
					 record of all persons immunized is recorded, maintained, and retained in
					 accordance with paragraph 3 of subdivision a of Section
					 29.2 of the regulations of the
					 Board of Regents of the State Education Department, so that, for the purposes
					 of this Executive Order only, pharmacists are not required to ensure that such
					 a record is maintained and retained for those to whom they administer
					 vaccinations against 2009 H1N1 influenza or seasonal influenza at PODs;
Sections 1 and 3 of chapter 198 of the Laws of 1978 and
					 section 402 of Chapter 170 of the Laws of 1994 in so far as they limit
					 provision of services in school-based health centers to preschool and
					 school-age children residing in the area served by school districts and boards
					 of cooperative educational services, so that, for the purposes of this
					 Executive Order only, staff of school-based health centers who are lawfully
					 authorized to administer vaccinations may also administer vaccinations against
					 2009 H1N1 influenza and seasonal influenza at such centers to adults;
Paragraph j of subdivision 1 of section 414  of the
					 Education Law in so far as it limits provision of services in school-based
					 health centers to preschool and school-age children, so that, for the purposes
					 of this Executive Order only, staff of school-based health centers who are
					 lawfully authorized to administer vaccinations may also administer vaccinations
					 against 2009 H1N1 influenza and seasonal influenza at such centers to adults;
					 and
Paragraph 22 of subdivision a of section
					 700.2 of Title 10 of the NYCRR in
					 so far as it prohibits any health care services provided in an elementary or
					 secondary school to students during regular school hours from qualifying as
					 part-time clinics under Title 10 of the NYCRR and Article 28 of the Public
					 Health Law, so that, for the purposes of this Executive Order only, part-time
					 clinics may be operated in elementary or secondary schools, permitting the
					 administration of vaccinations against 2009 H1N1 influenza and seasonal
					 influenza to children and adults during regular school hours, subject to the
					 approval of the New York State Department of Health.
FURTHER, I have designated John R. Gibb, Director of the
					 State Emergency Management Office, as the State Coordinating Officer of this
					 event.
Signed: David A. Paterson
Dated: October 28, 2009
Executive Order No. 29.1
Continuing the Temporary Suspension and Modification
					 of Statutory and Regulatory Provisions Regarding the Administration of
					 Vaccinations Against 2009 H1N1 Influenza and Seasonal Influenza.
WHEREAS, on October 28, 2009, I issued Executive Order No.
					 29 declaring a disaster emergency in the State of New York;
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;
WHEREAS, Executive Order No. 29 authorized the suspension
					 and modification of specified laws and regulations for the purpose of
					 facilitating the timely distribution and administration of 2009 H1N1 influenza
					 and seasonal influenza vaccinations to the people of the State of New York, and
					 to protect and preserve health and prevent illness and death;
WHEREAS, Executive Order No. 29 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 any
					 person under six months of age or for whom the 2009 H1N1 influenza or seasonal
					 influenza is medically contraindicated, and set forth other terms and
					 conditions associated with the suspension and modification of statutory and
					 regulatory provisions;
WHEREAS, section 29-a  of the Executive Law provides that no
					 suspension shall be made for a period in excess of thirty days, provided,
					 however, that upon reconsideration of all the relevant facts and circumstances,
					 the suspension may be extended for additional periods not to exceed thirty days
					 each;
NOW, THEREFORE, I, DAVID A. PATERSON, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 Laws of the State of New York, and after having reconsidered all the relevant
					 facts and circumstances, do hereby order that the suspension and modification
					 of statutory and regulatory provisions ordered by Executive Order No. 29 shall
					 continue through December 25, 2009, upon the same terms and conditions set
					 forth in such Order, including those enumerated above.
Signed: David A. Paterson
Dated: November 25, 2009
Executive Order No. 29.2
Further Continuing the Temporary Suspension and
					 Modification of Statutory and Regulatory Provisions Regarding the
					 Administration of Vaccinations Against 2009 H1N1 Influenza and Seasonal
					 Influenza.
WHEREAS, on October 28, 2009, I issued Executive Order No.
					 29 declaring a disaster emergency in the State of New York;
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;
WHEREAS, Executive Order No. 29 authorized the suspension
					 and modification of specified laws and regulations for the purpose of
					 facilitating the timely distribution and administration of 2009 H1N1 influenza
					 and seasonal influenza vaccinations to the people of the State of New York, and
					 to protect and preserve health and prevent illness and death;
WHEREAS, Executive Order No. 29 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 any
					 person under six months of age or for whom the 2009 H1N1 influenza or seasonal
					 influenza is medically contraindicated, and set forth other terms and
					 conditions associated with the suspension and modification of statutory and
					 regulatory provisions;
WHEREAS, section 29-a  of the Executive Law provides that no
					 suspension shall be made for a period in excess of thirty days, provided,
					 however, that upon reconsideration of all the relevant facts and circumstances,
					 the suspension may be extended for additional periods not to exceed thirty days
					 each; and
WHEREAS, pursuant to section 29-a  of the Executive Law, by
					 Executive Order No. 29.1 issued on November 25, 2009, I extended the suspension
					 and modification of statutory provisions ordered by Executive Order No. 29
					 through December 25, 2009;
NOW, THEREFORE, I, DAVID A. PATERSON, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 Laws of the State of New York, and after having reconsidered all the relevant
					 facts and circumstances, do hereby order that the suspension and modification
					 of statutory and regulatory provisions ordered by Executive Order No. 29, as
					 extended by Executive Order No. 29.1, shall continue through January 23, 2010,
					 upon the same terms and conditions set forth in such Executive Order No. 29,
					 including those enumerated above.
Signed: David A. Paterson
Dated: December 24, 2009
Executive Order No. 29.3
Further Continuing the Temporary Suspension and
					 Modification of Statutory and Regulatory Provisions Regarding the
					 Administration of Vaccinations Against 2009 H1N1 Influenza and Seasonal
					 Influenza.
WHEREAS, on October 28, 2009, I issued Executive Order No.
					 29 declaring a disaster emergency in the State of New York;
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;
WHEREAS, Executive Order No. 29 authorized the suspension
					 and modification of specified laws and regulations for the purpose of
					 facilitating the timely distribution and administration of 2009 H1N1 influenza
					 and seasonal influenza vaccinations to the people of the State of New York, and
					 to protect and preserve health and prevent illness and death;
WHEREAS, Executive Order No. 29 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 any
					 person under six months of age or for whom the 2009 H1N1 influenza or seasonal
					 influenza is medically contraindicated, and set forth other terms and
					 conditions associated with the suspension and modification of statutory and
					 regulatory provisions;
WHEREAS, section 29-a  of the Executive Law provides that no
					 suspension shall be made for a period in excess of thirty days, provided,
					 however, that upon reconsideration of all the relevant facts and circumstances,
					 the suspension may be extended for additional periods not to exceed thirty days
					 each;
WHEREAS, pursuant to section 29-a  of the Executive Law, by
					 Executive Order No. 29.1 issued on November 25, 2009, I extended the suspension
					 and modification of statutory provisions ordered by Executive Order No. 29
					 through December 25, 2009; and
WHEREAS, pursuant to section 29-a  of the Executive Law, by
					 Executive Order No. 29.2 issued on December 24, 2009, I extended through
					 January 23, 2010, the suspension and modification of statutory provisions
					 ordered by Executive Order No. 29 and extended by Executive Order No.
					 29.1;
NOW, THEREFORE, I, DAVID A. PATERSON, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 Laws of the State of New York, and after having reconsidered all the relevant
					 facts and circumstances, do hereby order that the suspension and modification
					 of statutory and regulatory provisions ordered by Executive Order No. 29, as
					 extended by Executive Order Nos. 29.1 and 29.2, shall continue through February
					 21, 2010, upon the same terms and conditions set forth in such Executive Order
					 No. 29, including those enumerated above.
Signed: David A. Paterson
Dated: January 22, 2010
Executive Order No. 29.4
Further Continuing the Temporary Suspension and
					 Modification of Statutory and Regulatory Provisions Regarding the
					 Administration of Vaccinations Against 2009 H1N1 Influenza and Seasonal
					 Influenza.
WHEREAS, on October 28, 2009, I issued Executive Order No.
					 29 declaring a disaster emergency in the State of New York;
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;
WHEREAS, Executive Order No. 29 authorized the suspension
					 and modification of specified laws and regulations for the purpose of
					 facilitating the timely distribution and administration of 2009 H1N1 influenza
					 and seasonal influenza vaccinations to the people of the State of New York, and
					 to protect and preserve health and prevent illness and death;
WHEREAS, Executive Order No. 29 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 any
					 person under six months of age or for whom the 2009 H1N1 influenza or seasonal
					 influenza is medically contraindicated, and set forth other terms and
					 conditions associated with the suspension and modification of statutory and
					 regulatory provisions;
WHEREAS, section 29-a  of the Executive Law provides that no
					 suspension shall be made for a period in excess of thirty days, provided,
					 however, that upon reconsideration of all the relevant facts and circumstances,
					 the suspension may be extended for additional periods not to exceed thirty days
					 each;
WHEREAS, pursuant to section 29-a  of the Executive Law, by
					 Executive Order No. 29.1 issued on November 25, 2009, I extended the suspension
					 and modification of statutory provisions ordered by Executive Order No. 29
					 through December 25, 2009;
WHEREAS, pursuant to section 29-a  of the Executive Law, by
					 Executive Order No. 29.2 issued on December 24, 2009, I extended through
					 January 23, 2010, the suspension and modification of statutory provisions
					 ordered by Executive Order No. 29 and extended by Executive Order No. 29.1;
					 and
WHEREAS, pursuant to section 29-a  of the Executive Law, by
					 Executive Order No. 29.3 issued on January 22, 2010, I extended through
					 February 21, 2010, the suspension and modification of statutory provisions
					 ordered by Executive Order No. 29 and extended by Executive Order Nos. 29.1 and
					 29.2;
NOW, THEREFORE, I, DAVID A. PATERSON, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 Laws of the State of New York, and after having reconsidered all the relevant
					 facts and circumstances, do hereby order that the suspension and modification
					 of statutory and regulatory provisions ordered by Executive Order No. 29, as
					 extended by Executive Order Nos. 29.1, 29.2 and 29.3, shall continue through
					 March 20, 2010, upon the same terms and conditions set forth in such Executive
					 Order No. 29, including those enumerated above.
Signed: David A. Paterson
Dated: February 18, 2010
Executive Order No. 29.5
*
Further Continuing the Temporary Suspension and
					 Modification of Statutory and Regulatory Provisions Regarding the
					 Administration of Vaccinations Against 2009 H1N1 Influenza and Seasonal
					 Influenza.
WHEREAS, on October 28, 2009, I issued Executive Order No.
					 29 declaring a disaster emergency in the State of New York;
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;
WHEREAS, Executive Order No. 29 authorized the suspension
					 and modification of specified laws and regulations for the purpose of
					 facilitating the timely distribution and administration of 2009 H1N1 influenza
					 and seasonal influenza vaccinations to the people of the State of New York, and
					 to protect and preserve health and prevent illness and death;
WHEREAS, Executive Order No. 29 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 any
					 person under six months of age or for whom the 2009 H1N1 influenza or seasonal
					 influenza is medically contraindicated, and set forth other terms and
					 conditions associated with the suspension and modification of statutory and
					 regulatory provisions;
WHEREAS, section 29-a  of the Executive Law provides that no
					 suspension shall be made for a period in excess of thirty days, provided,
					 however, that upon reconsideration of all the relevant facts and circumstances,
					 the suspension may be extended for additional periods not to exceed thirty days
					 each;
WHEREAS, pursuant to section 29-a  of the Executive Law, by
					 Executive Order No. 29.1 issued on November 25, 2009, I extended the suspension
					 and modification of statutory provisions ordered by Executive Order No. 29
					 through December 25, 2009;
WHEREAS, pursuant to section 29-a  of the Executive Law, by
					 Executive Order No. 29.2 issued on December 24, 2009, I extended through
					 January 23, 2010, the suspension and modification of statutory provisions
					 ordered by Executive Order No. 29 and extended by Executive Order No.
					 29.1;
WHEREAS, pursuant to section 29-a  of the Executive Law, by
					 Executive Order No. 29.3 issued on January 22, 2010, I extended through
					 February 21, 2010, the suspension and modification of statutory provisions
					 ordered by Executive Order No. 29 and extended by Executive Order Nos. 29.1 and
					 29.2; and
WHEREAS, pursuant to section 29-a  of the Executive Law, by
					 Executive Order No. 29.4 issued on February 18, 2010, I extended through March
					 20, 2010, the suspension and modification of statutory provisions ordered by
					 Executive Order No. 29 and extended by Executive Order Nos. 29.1, 29.2 and
					 29.3;
NOW, THEREFORE, I, DAVID A. PATERSON, Governor of the State
					 of New York, by virtue of the authority vested in me by the Constitution and
					 Laws of the State of New York, and after having reconsidered all the relevant
					 facts and circumstances, do hereby order that the suspension and modification
					 of statutory and regulatory provisions ordered by Executive Order No. 29, as
					 extended by Executive Order Nos. 29.1, 29.2, 29.3 and 29.4, shall continue
					 through April 17, 2010, upon the same terms and conditions set forth in such
					 Executive Order No. 29, including those enumerated above.
Signed: David A. Paterson
Dated: March 18, 2010
Footnotes
* [Revoked by Executive Order
					 No. 2 (Andrew M. Cuomo),
infra.
]
* [Revoked by Executive Order
					 No. 2 (Andrew M. Cuomo),
infra.
]