State bill would maintain previous COVID vaccine guidance after federal changes

ALBANY, N.Y. (NEXSTAR) — Democratic lawmakers in New York are still pushing legislation to maintain access to vaccines. This comes amid changes in the expert federal advisory panel that advises on immunizations.

“Vaccine policies must be based on science, not misinformation,” said Assemblymember Amy Paulin, Chair of the Assembly Health Committee, on Sunday, September 21.

The Vaccine Integrity Act, backed by Paulin, would maintain current access to and availability of vaccines, letting the state follow its own public health advisory groups instead of the federal one. S8496A/A9060A would let doctors, pharmacists, and nurse practitioners administer vaccines under recommendation from two existing state groups: the state Immunization Advisory Council and the 21st Century Workgroup for Disease Elimination and Reduction. The bill also leaves room for interstate efforts, like the Northeast Public Health Collaborative, to review recommendations.

On September 19, ACIP recommended getting vaccinated for COVID only after first consulting a healthcare provider. According to a press release from Paulin, that recommendation represents a requirement, a de facto barrier for people who need local pharmacies to get vaccinated without an additional doctor visit. And a statement from the Let’s Get Immunized NY campaign pointed out that, although ACIP voted down a proposal to require a prescription for a COVID shot, “misinformation about the safety and efficacy of the vaccines unfortunately still dominated the discussion.”

On September 15, the NPHC had recommended the 2025-26 COVID vaccine for everyone, starting at 6 months old. That guidance aligns with recommendations from professional medical societies like the American Academy of Pediatrics and the American Academy of Family Physicians.

The proposal from Paulin and State Senator Michelle Hinchey would let the state handle outbreaks without relying on the Advisory Committee on Immunization Practices, the federal panel of experts within the Centers for Disease Control and Prevention that has guided state immunizations for over 50 years. The new bill also makes health insurers cover vaccines recommended by those state or regional groups, just as they are currently required to cover ACIP-approved vaccines.

The bill is supposed to be a response to federal disruptions within New York’s vaccine system, according to supporters. Paulin said the Vaccine Integrity Act offers a solution, letting pharmacies overcome unnecessary obstacles, securing medical insurance so a shot wouldn’t break the bank.

Beyond the Vaccine Integrity Act, Democratic lawmakers have proposed other solutions to the federal vaccine policy problem. State Senator John Liu’s S8495 would lets pharmacists administer any vaccine approved by the U.S. Food and Drug Administration, if the Commissioner of the state Department of Health issues a statewide standing order. If DOH identifies a public health emergency or outbreak, Liu’s bill would let the state sidestep the federal schedule under the Centers for Disease Control and Prevention.

Meanwhile, a bill from State Senator Brad Hoylman-Sigal and Assemblymember Micah Lasher (S7823A/A8383A) lets the DOH Commissioner recommend FDA-authorized vaccines for administration by pharmacists, in addition to or instead of ACIP recommendations. It also removes the only reference in state law to CDC vaccine guidance, for meningococcal immunizations to follow CDC recommendations. All three pieces of legislation would reduce state reliance on federal vaccine guidance.

On September 5, Governor Kathy Hochul signed an executive order letting pharmacists administer COVID vaccines to New Yorkers aged 3 and up without a doctor’s prescription, a short-term shield for vaccine access. It lets pharmacists prescribe and administer COVID shots to children age 3 and up, without a prescription. Barring a special session, it must be reissued every 30 days until the legislature is back in session in January to consider these bills.

The new NPHC, a voluntary coalition of states including New York, already formed working groups on issues beyond vaccine recommendations. They are supposed to target public health emergency preparedness and response, data collection, and infectious disease management.

Related video: New bill aims to streamline state vaccine guidance

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