. No. 176



DECLARING A DISASTER EMERGENCY IN THE STATE OF NEW YORK AND EXPANDING
ACCESS TO IMMUNIZE CHILDREN AGAINST SEASONAL INFLUENZA

WHEREAS, seasonal in?uenza has reached epidemic proportions in New York State in the first

months of the current in?uenza season, with more than 25,000 confirmed cases;

WHEREAS, seasonal in?uenza poses a serious risk for children and people with Weakened immune
systems or chronic medical conditions, and has caused the deaths of individuals, including children,

throughout the United States and in New York State during the current in?uenza season;

WHEREAS, seasonal in?uenza is a threat to public health and safety, and, if left unchecked, will
result in death, hospital overcrowding, shortages of health care workers, and disruptions to businesses and

critical infrastructure because of illness?related absenteeism;

WHEREAS, to combat ?nther spread of seasonal in?uenza, it is necessary to facilitate the voluntary

vaccination of as many individuals as possible as quickly as possible;

- WHEREAS, allowing licensed pharmacists to vaccinate children between two years and 18 years of

age will increase access and convenience to the seasonal in?uenza vaccine.

NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of
the authority vested in me by the Constitution and the Laws of the State of New York, do hereby find,
pursuant-to Section 28' of Article 2?8 of the Executive Law, that a disaster has occurred throughout New York
State, for which the affected local governments are unable to adequately respond, and I do hereby declare a

State disaster emergency for the entire State of New York.

FURTHER, by virtue of the authority vested in me by Section 29?a of Article 2-B of the Executive
Law to temporarily suspend or modify specific provisions of any statute, local law, ordinance, order, rule, or
regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such
provisions would prevent, hinder, or delay action necessary to cope with the disaster emergency, I hereby

temporarily suspend or modify, as the case may be, during the period that such disaster emergency remains in

effect, the following:

Subdivision 22 of Section 6802 of the Education Law, and any associated regulations, including, but
.not limited to, Title 8 of the New York State Codes, Rules, and Regulations Section 63.9, to the extent
necessary to permit pharmacists who are already authorized to administer vaccinations against seasonal

in?uenza to individuals 18 years. of age and older also to administer vaccinations against seasonal in?uenza to

individuals between two years and 18 years of age; and

Subdivision 7 of Section 6527 and Subdivision 7 of Section 6909 of the Education Law, and any
associated regulations, including, but not limited to, Title 8 of the New York State Code, Rules, and r"
Regulations Section 63 .9, to the extent necessary to permit non?patient speci?c regimens to be prescribed and
ordered to pharmacists already authorized to administer vaccinations against seasonal in?uenza to individuals
18 years of age and older, so that such pharmacists also may administer vaccinations against seasonal

in?uenza to individuals between two years and 18 years of age.

FURTHER, this Order does not authorize: any person to be vaccinated without his or her consent
or the consent of another person legally authorized to consent on his or her behalf, and does not authorize any

minor to be vaccinated without the consent of a person in parental relation to the minor; (ii) vaccination of

children under two years of age; and vaccination of any individual for whom the vaccination is

contraindicated.

under my hand and the Privy Seal of the
State in the City of Albany this twenty-
?fth day of January in the year two

thousand eighteen.

 

 

BY THE GOVERNOR

my.?

Secretary to the Governor