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 9.75 - Executive Order No. 75: Declaring a Disaster In the State of New York

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the monkeypox virus has been declared a Public
					 Health Emergency of International Concern by the World Health Organization as
					 of July 23, 2022;
WHEREAS, due to the ongoing spread of the monkeypox virus
					 and the significant risk that this virus poses to human health, the monkeypox
					 virus has been declared an Imminent Threat to Public Health by the New York
					 State Commissioner of Health as of July 28, 2022;
WHEREAS, New York is now experiencing one of the highest
					 rates of transmission in the country, with 1383 cases reported in New York
					 State as of July 29, 2022;
WHEREAS, local health departments are actively responding
					 to the monkeypox 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 monkeypox, 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 August 28, 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 the period from the date of this Executive Order through
					 August 28, 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 monkeypox 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
					 monkeypox 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 monkeypox 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 monkeypox; and
* Subdivision 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 and
					 pharmacists, who administer monkeypox vaccine to persons 19 years of age or
					 older are required to obtain consent of the vaccinee 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 monkeypox vaccinations for any
					 individual (child or adult) to be reported to NYSIIS or CIR, as applicable,
					 within 72 hours of administration of a monkeypox 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 in the
					 City of Albany this twenty-ninth day of July in the year two thousand
					 twenty-two.
Signed: Kathy Hochul
Dated: July 29, 2022