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Important Information for Licensees During the Statewide Measles Disaster Emergency

In response to the statewide measles disaster emergency, Governor Hochul issued Executive Order 65 which impacts Title VIII licensed professionals 

EO 65 Effective October 5, 2026, until November 4, 2026, suspends or modifies the following laws and regulations: 
 

  • Section 6951 of the Education Law and Section 79-5.5 of Title 8 of NYCRR, insofar as such provisions limit the practice of midwifery to management of normal pregnancies, child birth and postpartum care as well as primary preventative reproductive health care of essentially health women, and newborn evaluation, resuscitation and referral for infants, and insofar as such provisions limit the practice of midwifery to midwives who practice in accordance with the collaborative relationships with licensed physicians or hospitals, so that, for the purpose responding to this disaster emergency, midwives may administer MMR vaccinations to any patient pursuant to a non-patient specific order under the medical supervision of licensed physicians, licensed physician assistants, or certified nurse practitioners, provided, however, they hold a certificate from State Education Department for administering immunizing agents or meet conditions set by the Commissioner of Health;  
  • Subdivision 2 of Section 6801 of the Education Law, subdivision 22 of Section 6802 of the Education Law, and Section 63.9 of Title 8 of the NYCRR, to the extent necessary to allow pharmacists to administer MMR vaccinations to children two years of age and older, pursuant to a non-patient specific order;
  • Subdivisions 6 and 7 of Section 6527 of the Education Law, subdivisions 4 and 7 of Section 6909 of the Education Law, and Section 64.7 of Title 8 of the NYCRR, to the extent necessary to permit physicians and certified nurse practitioners to issue a non-patient specific regimen to administer the MMR vaccination to nurses or any such other persons authorized by law or by this executive order to administer MMR vaccinations; 
  • Subdivision 3 of Section 2168 of the Public Health Law and Section 66-1.2 of Title 10 of the NYCRR, to the extent necessary to suspend the requirement that health care providers, including registered nurses, midwives, and pharmacists, who administer MMR vaccinations to persons 19 years of age or older are required to obtain consent of the vaccinee in order to report such vaccination to the New York State Immunization Information System (NYSIIS) or the Citywide Immunization Registry (CIR), and such provisions are further modified to the extent necessary to require all MMR vaccinations for any individual (child or adult) to be reported to NYSIIS or CIR, as applicable, within 72 hours of administration of an MMR vaccination. Nothing in this paragraph shall be read to permit the vaccination of any person without their consent or the consent of another person legally authorized to provide such consent; 
  • Article 139 of the Education Law, Section 576-b of the Public Health Law and Section 58-1.7 of Title 10 of the NYCRR, to the extent necessary to permit registered nurses to (1) order the collection and testing of throat or nasopharyngeal swab specimens and urine specimens from individuals suspected of being infected with measles, for purposes of testing, and (2) order the collection and testing of blood specimens for the diagnosis of acute or past measles; and
  • Subdivision 4 of Section 6909 of the Education Law, subdivision 6 of Section 6527 of the Education Law, and Section 64.7 of Title 8 of the NYCRR, to the extent necessary to permit physicians and certified nurse practitioners to issue a non-patient specific regimen to nurses to (1) collect throat or nasopharyngeal swab specimens and urine specimens from individuals suspected of suffering from a measles infection, for purposes of testing, or to perform such other tasks as may be necessary to provide care for individuals diagnosed with or suspected of suffering from a measles infection and (2) collect blood specimens for the diagnosis of acute or past measles.