WHEREAS, seasonal influenza has reached epidemic
proportions in New York State in the first months of the current influenza
season, with more than 19,000 confirmed cases - an increase of approximately
400 percent over the number of cases reported during the entire 2011-12
influenza season; and
WHEREAS, seasonal influenza poses a serious risk for
children and people with weakened immune systems or chronic medical conditions,
and has caused the deaths of several individuals, including children,
throughout the United States and in New York State during the current influenza
season; and
WHEREAS, seasonal influenza is a threat to public health
and safety and, if left unchecked, will cause personal hardship among the
general public throughout the State, including death, hospital overcrowding,
shortages of health care workers, and disruptions to businesses and critical
infrastructure because of illness-related absenteeism; and
WHEREAS, to combat the further spread of seasonal
influenza, it is necessary to facilitate the voluntary vaccination of as many
individuals as possible as quickly as possible; and
WHEREAS, the New York State Department of Health has
received reports that many primary care providers are unable to obtain
sufficient quantities of vaccine to meet current demand, particularly for
children; and
WHEREAS, 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; and
WHEREAS, this Order does not authorize vaccination of
children under six months of age, for whom vaccines against influenza are not
appropriate, or of any individual for whom vaccination is contraindicated;
and
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-B of the Executive Law, that a disaster has occurred throughout New
York State, for which the affected local governments are unable to respond
adequately, 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, orders, rules or
regulations, 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, to the extent necessary to
permit pharmacists who are already authorized to administer vaccinations
against seasonal influenza to individuals 18 years of age and older also to
administer vaccinations against seasonal influenza to individuals between six
months 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, to the extent necessary
to permit non-patient specific regimens to be prescribed and ordered to
pharmacists already authorized to administer vaccinations against seasonal
influenza to individuals 18 years of age and older, so that such pharmacists
also may administer vaccinations against seasonal influenza to individuals
between six months and 18 years of age.
Signed: Andrew M. Cuomo
Dated: January 12, 2013
