Professionals Authorized Pursuant to Federal Law

Certain NYS licensed and registered professionals, including midwives, physician assistants, respiratory therapists, dentists, podiatrists, optometrists and veterinarians, 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, regulation or an Executive Order. Those professionals authorized to vaccinate in New York State by statute, regulation or an Executive Order 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.

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.   All questions regarding this federal law should be directed to the United States Department of Health and Human Services.

Last Updated: March 31, 2021