Professionals Authorized Pursuant to Federal Law

Certain eligible NYS licensed and registered professionals have been temporarily authorized under federal law to prescribe, dispense, and administer COVID-19 vaccines authorized by the U.S. Food and Drug Administration pursuant to the Seventh Amendment to the Public Readiness and Emergency Preparedness Act (PREP Act) for the duration of the declared emergency and subject to the parameters contained within the PREP Act.  This amendment also authorizes certain recently retired professionals to serve as vaccinators and authorizes medical students, nursing students, and certain other health care students to serve as vaccinators with proper training and professional supervision.

Pursuant to this Seventh Amendment, liability protection under the federal PREP Act is available to certain professionals if they meet certain conditions, including completion of federal training and possessing a current certificate in basic cardiopulmonary resuscitation. Please be advised that, according to guidance provided by the United States Department of Health and Human Services (HHS), the additional requirements described in the Seventh Amendment do not apply to those professionals that have also been authorized to vaccinate by a state, including those professionals authorized to vaccinate in New York State by statute or regulation. Those professionals authorized to vaccinate in New York State by statute or regulation will not be required to obtain additional training beyond that required by the State in order to receive liability protection under the federal PREP Act. In addition, several temporary exceptions and authorizations relevant to Title VIII professionals that have also been authorized to vaccinate in New York State have now expired and therefore these professionals will be required to obtain the additional training required under the federal PREP Act.

The Eighth Amendment to the PREP Act clarifies and expands the authority for certain Qualified Persons authorized to prescribe, dispense, and administer covered countermeasures under section VI of this Declaration.

The Ninth Amendment to the PREP act clarifies and expands the scope of authority for licensed pharmacists to order and administer COVID-19 therapeutics to populations authorized by the FDA. In addition, the amendment also authorizes pharmacy technicians (who must be licensed and/or registered in accordance with New York State requirements) and pharmacy interns to administer COVID-19 therapeutics when certain criteria are met.

More information about the PREP Act and the federal requirements can be found at PHE.gov and additional information about eligibility can be found at PHE.gov/COVIDvaccinators. Licensed professionals should consult with their own counsel to determine how the federal PREP Act requirements impact applicable professions in New York State. All questions regarding this federal law should be directed to the United States Department of Health and Human Services.

Last Updated: September 13, 2021