Tuesday evening, Governor Cuomo’s office posted Executive Order 202.90, his ninety-third Executive Order during the COVID-19 state of emergency. Executive Order 202.90 dated January 12, 2021, continues the suspensions and modifications of law, and any directives, unless superseded, modified or otherwise expired, made by Executive Order 202 and each successor Executive Order to 202. In addition, Executive Order 202.90 issues modifications or suspensions of certain rules, as well as new directives, all of which are designed to address the COVID-19 pandemic. Executive Order 202.90 is effective from January 12, 2021 through February 11, 2021. A copy of Executive Order 202.90 can be found here.
Expanding the pool of persons who can administer the COVID-19 vaccine
- A person (a) holding a certification from a nationally accredited pharmacy technician certification program acceptable to the Department of Health, (b) being of good moral character, and (c) meeting such additional qualifications for licensure as required by the Commissioner of Health, in consultation with the Commissioner of Education, shall be eligible to be temporarily licensed as a “pharmacy technician” in the State of New York and, in such capacity, may administer COVID-19 vaccinations at Points of Dispensing (POD) sites overseen or approved by the New York State Department of Health or local health departments and operated under the medical supervision of licensed physicians, licensed physician assistants, or certified nurse practitioners, and under the direct supervision of a licensed pharmacist, and at pharmacy establishments under the direct supervision of a licensed pharmacist, provided such pharmacy technicians must first receive: (1) training in techniques, indications, precautions, contraindications, infection control practices; (2) training in use of personal protective equipment sufficient to provide the basic level of competence for such tasks; and (3) a current certificate in basic cardiopulmonary resuscitation, which at a minimum must include a certification in basic cardiopulmonary resuscitation by an online program that has received accreditation from the American Nurses Credentialing Center, the Accreditation Council for Pharmacy Education (ACPE), or the Accreditation Council for Continuing Medical Education. Temporary licensure as a “pharmacy technician” shall not entitle any individual to rights or licensing status except for those granted herein and for the effective period of this order; and
- The suspensions and directives contained in Executive Order 202.82 that permit individuals to administer vaccinations against COVID-19 are hereby modified only insofar as necessary to permit such individuals to administer vaccinations against COVID-19 provided that they meet all training requirements and conditions determined appropriate by the Commissioner of Health.
SUSPENSION AND MODIFICATION OF LAWS
As with many previously issued executive orders, Executive Order 202.90 also suspends or modifies certain previously issued directives as well as certain rules and regulations to aid in New York’s efforts to combat the COVID-19 crisis, this time through February 11, 2021. Executive Order 202.90 provides as follows:
- Paragraph 21 of subdivision (a) of section 29.7 of Title 8 of the NYCRR, to the extent that a licensed pharmacist shall be authorized to supervise up to a total of four persons who are either unlicensed assistants or pharmacy technicians holding a temporary license, as established pursuant to Executive Order 202.90; and
- The suspensions and modifications contained in Executive Order 202.82 that permit licensed practical nurses, licensed pharmacists, midwives, dentists, dental hygienists who have been issued a dental hygiene restricted local infiltration anesthesia/nitrous oxide analgesia certificate in accordance with section 6605-b of the Education law, podiatrists, emergency medical technicians, advanced emergency medical technicians, and emergency medical technician paramedics, to administer vaccinations against COVID-19 are hereby modified only to the extent necessary to permit the aforementioned individuals to administer vaccinations against COVID-19 provided that such individuals meet conditions set by the Commissioner of Health.