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 8.176 - Executive Order No. 176: Declaring a Disaster Emergency in the State of New York and Expanding Access 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 25,000 confirmed cases;
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 individuals, including children, throughout the
					 United States and in New York State during the current influenza season;
WHEREAS, seasonal influenza is a threat to public health
					 and safety, and, if left unchecked, will result in death, hospital
					 overcrowding, shortages of health care workers, and disruptions to businesses
					 and critical infrastructure because of illness-related absenteeism;
WHEREAS, to combat further spread of seasonal influenza, it
					 is necessary to facilitate the voluntary vaccination of as many individuals as
					 possible as quickly as possible;
WHEREAS, allowing licensed pharmacists to vaccinate
					 children between two years and 18 years of age will increase access and
					 convenience to the seasonal influenza vaccine.
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 adequately
					 respond, 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, order, rule, or
					 regulation, 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, including, but not limited to, Title 8 of the New
					 York State Codes, Rules, and Regulations Section
					 63.9, 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 two
					 years 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, including, but not
					 limited to, Title 8 of the New York State Code, Rules, and Regulations Section
					 63.9, 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 two years and 18 years of age.
FURTHER, this Order does not authorize:
(i) 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;
(ii) vaccination of children under two years
				  of age; and
(iii) vaccination of any
				  individual for whom the vaccination is contraindicated.
Signed: Andrew M. Cuomo
Dated: January 25, 2018
Executive Order No. 176.1
Continuing the Disaster Emergency in the State of New
					 York and Expanding Access to Immunize Children Against Seasonal
					 Influenza.
WHEREAS, on January 25, 2018, I issued Executive Order
					 Number 176 declaring a disaster emergency for the entire State of New
					 York;
WHEREAS, Executive Order Number 176 authorized the
					 suspension and modification of specified laws and regulations for the purpose
					 of expanding access to seasonal influenza vaccine for children two to eighteen
					 years of age;
WHEREAS, pursuant to section 29-a  of the Executive Law, and
					 upon reconsideration of the relevant facts and circumstances giving rise to
					 Executive Order Number 176, I find that seasonal influenza continues to pose
					 significant risks and threats to the public, including death, hospitalization,
					 hospital overcrowding, shortages of healthcare workers, and disruptions to
					 businesses due to illness-related absenteeism.
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
					 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 Number 176
					 shall continue through March 22, 2018 upon the same terms and conditions set
					 forth in Executive Order Number 176.
Signed: Andrew M. Cuomo
Dated: February 22, 2018
Executive Order No. 176.2
Further Continuing the Temporary Suspension and
					 Modification of Statutory and Regulatory Provisions Regarding Expanding Access
					 to Immunize Children Against Seasonal Influenza.
WHEREAS, on January 25, 2018, I issued Executive Order
					 Number 176 declaring a disaster emergency for the entire State of New
					 York;
WHEREAS, Executive Order Number 176 authorized the
					 suspension and modification of specified laws and regulations for the purpose
					 of expanding access to seasonal influenza vaccine for children two to eighteen
					 years of age;
WHEREAS, pursuant to section 29-a  of the Executive Law, and
					 upon reconsideration of the relevant facts and circumstances giving rise to
					 Executive Order Number 176, I find that seasonal influenza continues to pose
					 significant risks and threats to the public, including death, hospitalization,
					 hospital overcrowding, shortages of healthcare workers, and disruptions to
					 businesses due to illness-related absenteeism.
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
					 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 Number 176,
					 as extended by Executive Order Number 176.1, shall continue through April 22,
					 2018 upon the same terms and conditions set forth in Executive Order Number
					 176.
Signed: Andrew M. Cuomo
Dated: March 24, 2018