#20: Declaring a Disaster in New York State

No. 20

NEW YORK STATE DISASTER DECLARATION

WHILEthe monkeypox virus was declared a public health emergency of international concern by the World Health Organization on July 23, 2022;

WHILEdue to the continued spread of the monkeypox viruss and the significant risk this virus poses to human health, the monkeypox virus has been declared an imminent threat to public health by the New York State Commissioner of Health effective July 28, 2022;

WHILENew York now has one of the highest transmission rates in the country, with 1,383 cases reported in New York State as of July 29, 2022;

WHILElocal health departments are actively responding to the monkeypox outbreak through investigation support, contact identification and monitoring, administration of vaccines for exposed contacts and high-risk populations targeted, as well as education and awareness;

WHILEthe state government should support municipalities, localities, and counties in their efforts to facilitate and administer vaccinations and testing for monkeypox and to prevent the disease from continuing to spread;

SO NOW, I, Kathy Hochul, 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 declare, pursuant to section 28 of Section 2-B of the Executive Law, that a disaster has occurred in the State of New York to which the local governments involved are unable to respond adequately, and I hereby declare a state disaster emergency for all of New York State until August 28, 2022; and

IN ADDITION, Pursuant to Section 2-B, Section 29 of the Executive Act, I direct the implementation of the State’s comprehensive emergency management plan and authorize all necessary government agencies to take appropriate action to assist local governments and individuals to contain, prepare for, respond to, and recover from this state disaster emergency, to protect state and local property, and to provide any other assistance necessary to protect the health, public welfare and safety.

FURTHER AWAY, pursuant to the authority granted to me by Section 29-a of Section 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, ordinance, rule or regulation, or portions thereof it, of any agency during a state disaster emergency, if compliance with such statute, local law, ordinance, ordinance, rule or regulation would prevent, hinder or delay action necessary to deal with emergency in the event of a disaster or, if necessary, to aid or assist in dealing with such a disaster, I hereby temporarily suspend or modify for the period from the date of this executive order until August 28, 2022 this following :

  • Subdivisions 6 and 7 of Section 3001 of the Public Health Act, Subdivisions (o) and (p) of Section 800.3, and Section 800.15 of Title 10 of the NYCRR, to the extent necessary to permit Certified Emergency Medical Technicians-Paramedics and Advanced EMS Medical Providers, providing Community Paramedic Services with prior approval from the Department of Health, to administer monkeypox vaccines in accordance with a non-patient-specific prescription, including in non-emergency environments and locations, provided that EMTs-Paramedics and Advanced EMS Providers must first meet conditions set by the Health Commissioner;
  • Section 6951 of the Education Act and NYCRR Title 8 Section 79-5.5, to the extent that those provisions limit the practice of midwifery to the management of normal pregnancies, childbirth and postpartum care as well as primary preventive reproductive health care of substantially healthy women, and newborn assessment, resuscitation and referral of infants, and to the extent that limits the practice of midwifery to those midwives who practice in accordance with collaborative relationships with licensed physicians or hospitals, so that in this disaster emergency, midwives can administer monkeypox vaccines to any patient in accordance with a non-patient-specific prescription under the medical supervision of licensed physicians, licensed physician assistants or certified nurse practitioners, provided, however, that a midwife me without a certificate issued by the Department of Education of the State for the administration of immunizing agents, must fulfill the conditions fixed by the Commissioner of Health;
  • Education Act Section 6801 Subdivision 2 and NYCRR Title 8 63.9, to the extent necessary to permit pharmacists to administer monkeypox vaccines pursuant to a non-patient-specific prescription ;
  • Subdivision 6 of Section 6527 of the Education Act, Subdivision 4 of Section 6909 of the Public Health Act, and Section 64.7 of Title 8 of the NYCRR, to the extent necessary to allow physicians and certified nurse practitioners to issue a non-patient-specific regimen to nurses or other persons authorized by law or by this executive order to administer monkeypox vaccines; and
  • Subdivision 3 of Section 2168 of the Public Health Act 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 and pharmacists, who administer the monkeypox vaccine to persons 19 years of age or older are required to obtain consent from the vaccinee in order to report such vaccination to the state’s immunization information system of New York City (NYSIIS) or the Citywide Immunization Registry (CIR), and these provisions are further amended to the extent necessary to require that all monkeypox vaccinations for any person (child or adult ) must be reported to NYSIIS or CIR, as applicable, within the 72 hours of administration of a monkeypox vaccination. Nothing in this paragraph shall be construed as permitting the vaccination of any person without their consent or the consent of another person legally authorized to give such consent.

GIVEN under my hand and the private seal of
State in the city of Albany this twenty
– the ninth day of July in the year two thousand
twenty two.

BY THE GOVERNOR

Governor’s Secretary

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