ny-EDU-39-26-00029-P: Immunizations

I.D. No. EDU-39-26-00029-P PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedureAct, NOTICE is hereby given of the following proposed rule: Proposed Action: Amendment of sections 63.9 and 64.7 of Title 8 NYCRR. Statutory authority: Education Law, sections 207, 6504, 6507, 6527, 6801, 6802 and 6909; L. 2026, ch. 115 Subject: Immunizations. Purpose: To conform the Commissioner’s regulations to chapter 115 of the Laws of 2026. Text of proposed rule: 1. Subdivision (a) of Section 63.9 of the Regula- tions of the Commissioner of Education is amended to read as follows: (a) Immunizations. (1) … (2) Authorized immunization agents. A certified pharmacist who meets the requirements of this section shall be authorized to: (i) … (ii) administer to patients between the ages of two and 18 years of age, immunizing agents to prevent influenza and COVID-19, pursuant to a patient specific order or a non-patient specific order; and (iii) administer other immunizations recommended [by the advi- sory committee on immunization practices of the centers for disease control and prevention] for patients 18 years of age or older, pursuant to a patient specific or a non-patient specific order, if the commissioner of health in consultation with the commissioner determines that an immunization: (a) … (b) … (c) is a recommended immunization for such patients who: (1) meet age requirements; (2) lack documentation of such immunization; (3) lack evidence of past infection; or (4) have an additional risk factor or another indication [as recommended by the advisory committee on immunization practices for the centers of disease control and prevention]. (3) … (4) … (5) … (i) … (ii) … (iii) a certified pharmacist shall inform each recipient, or the person legally responsible for the recipient when the patient is incapable of consenting to the immunization, of potential side effects and adverse reac- tions, orally and in writing, prior to immunization and shall administer the immunization or immunizations [according to the most current recom- mendations by the advisory committee for immunization practices (ACIP)] in accordance with regulations issued or determinations made by the Commissioner of Health in accordance with law, provided, however, that a pharmacist may administer any immunization authorized when specified by a patient specific prescription; (iv) … (v) … (vi) … (vii) a certified pharmacist, when administering an immunization in a pharmacy, shall provide for an area that provides for the patient’s privacy, such area shall include: (a) a clearly visible posting of the most current “Recommended Adult Immunization Schedule” [published by the advisory committee for immunization practices (ACIP)] published on the Department of Health’s website; and 16 NYS Register/September 30, 2026 (b) … (viii) … (ix) … (x) … (xi) … (xii) … (xiii) … (xiv) … (xv) … [(5)] (6) Order and protocol. (i) … (ii) … (iii) … (iv) … 2. Subdivision (a) of section 64.7 of the Regulations of the