Summary of
New York State Executive Order 29
Declaring a Disaster Emergency in the State of New York

Signed by Governor David A. Paterson on 10-28-09 Pursuant to NYS Executive Law Section 28 of Article 2-b

Rationale

• Seriousness of the 2009 H1N1 influenza pandemic, compounded by the concurrent presence of seasonal influenza, constitutes a public health emergency
• At least 75 known deaths in New York State
• Actual number of cases may be 10% of the population or more in some regions of the state
• Evidence of increasing spread of H1N1 influenza in schools
• Shortage of nurses and other authorized personnel to administer vaccinations

Key Points

• Scope of the Executive Order includes vaccination for both the 2009 H1N1 and the seasonal influenza.
  
  
• There is no requirement or mandate for anyone to receive or administer the 2009 H1N1 or the seasonal influenza vaccine.
  
  
• The Executive Order authorizes a 30 day temporary suspension or modification of several laws and regulations related to licensed professions overseen by the State Education Department and the New York State Department of Health in order to facilitate the timely administration of the 2009 H1N1 and seasonal influenza vaccines throughout the State of New York to prevent the further spread of these viruses.
  
  
• The following health care providers can administer vaccines against 2009 H1N1 and seasonal influenza at PODs pursuant to a non-patient specific order - provided they first receive training in techniques, indications, precautions, contraindications, infection control, and personal protective equipment. (PODs as defined in the Executive Order are "Points of Dispensing," which are overseen or approved by the New York State Department of Health or local health department.):
  • Physician assistants
  • Special assistants
  • Dentists
  • Dental hygienists (who have been issued a dental hygiene restricted local infiltration anesthesia/nitrous oxide analgesia certificate)
  • Pharmacists
  • Midwives
  • Podiatrists
  • Advanced EMTs (certified by the Department of Health)
  NOTE: Physicians, nurse practitioners, registered professional nurses, licensed practical nurses, and most physician assistants may administer vaccinations pursuant to, and in accordance with, existing laws and regulations.
  
  
• Physician assistants may medically supervise PODs.

Administration of Immunizations at Approved Points of Dispensing (PODs) under Executive Order No. 29

¹ With prior training specified in the executive order.
² Point of Dispensing.
³ Pursuant to Executive Order No. 29, pharmacists with a certificate of administration may administer the H1N1 and seasonal flu vaccines to individuals between the ages of 6 months and 18 years outside of a POD.

• Certified and non-certified pharmacists may administer 2009 H1N1 and seasonal vaccines to persons 6-months and older at PODs pursuant to a non-patient specific order issued by any physician or nurse practitioner in New York State.
  
  
• Pharmacists and nurses who administer vaccinations at PODs are not required to ensure that a record is maintained and retained for those to whom they administer vaccinations as is usually required in accordance with 8 NYCRR §§ 64.7 and 63.9.
  
  
• Pharmacists certified to administer vaccinations may administer 2009 H1N1 and seasonal vaccines to persons 6-months and older in non-POD settings.
  
  
• Vaccinations at PODs are available without charge to the vaccinees.
  
  
• Staff at school-based health centers who are lawfully authorized to administer vaccinations may also administer vaccinations against 2009 H1N1 and seasonal influenza to adults.
  
  
• Part-time health care clinics in elementary and secondary schools may operate during regular school hours for the administration of vaccinations against 2009 H1N1 and seasonal influenza.
  
  
• A person in parental relation must consent for the vaccination of a minor. A person legally authorized to consent on behalf of another person must do so before this other individual receives the vaccination.

Additional Relevant Information

• The Public Readiness and Emergency Preparedness Act ("Prep" Act) authorizes the Secretary of the Department of Health and Human Services to issue a declaration that provides immunity from tort liability (except for willful misconduct) for claims of loss related to the administration or use of countermeasures to diseases. Effective June 15, 2009 the Prep Act was amended to provide targeted liability protections for pandemic countermeasures for 2009 H1N1, however the Prep Act does not include liability protections for seasonal flu countermeasures.
  
  
• For more information about the Prep Act, see: http://www.hhs.gov/disasters/discussion/planners/prepact/index.html
  
  
• ServNY is a Department of Health registry of health care and mental health professionals who wish to volunteer during an emergency or major disaster.

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