Lawmakers OK bill allowing NYS to set own vaccination standards

ALBANY — The Democratic-led State Legislature has approved a bill that would give New York more autonomy to set vaccine standards and end its dependence on the federal government at a time the Trump administration is trying to roll back requirements.

The State Senate and Assembly on Tuesday gave formal approval to the bill, which would allow the state health commissioner to set vaccine standards based on the recommendations of an array of medical groups, such as the American Academy of Family Physicians and the American Academy of Pediatrics.

The important change is the state would no longer be tied, by statute, to recommendations from a federal body known as the Advisory Committee on Immunization Practices, which is controlled by the Trump administration. Under U.S. Health Secretary Robert F. Kennedy Jr., the administration has moved to reduce vaccine recommendations.

"It is a precaution we need to take because of the strong feeling of the federal administration that vaccines are to be questioned," Assemb. Amy Paulin (D-Scarsdale), chairwoman of the Assembly Health Committee, said. "Now, New York won’t have to worry if vaccine standards are changed at the federal level. We want to show that the (state health) commissioner has the ability to look at all the factors."

Paulin said she had her own version of the bill, but she advanced a version Gov. Kathy Hochul’s administration introduced earlier this year. That makes it all but certain the governor will sign it into law, although she has until Dec. 31 to do so. 

Hochul's office on Thursday referred to a previous statement in which she said: "Our public health policies should be guided by science, not politics. Yet under President Trump and HHS Director Robert F. Kennedy Jr., we’ve watched the federal government empower vaccine skeptics and shred scientific consensus around the safety and efficacy of vaccines. Here in New York, we’re fighting back."

A number of other states have taken similar action, with the Connecticut state legislature voting on a bill the same week as New York.

A month earlier, a federal judge temporarily blocked Trump officials from reducing the number of vaccines recommended for every child and also said Kennedy probably violated federal procedures when he fired the entire 17-member ACIP panel last year and replaced it with a group that includes anti-vaccine advocates.

For now, the ruling has halted an order by Kennedy, issued in January, that would end broad recommendations for all children to be vaccinated against flu, rotavirus, hepatitis A, hepatitis B, some forms of meningitis and RSV.

The Trump administration has said it will appeal the ruling.

In Albany, the Senate and Assembly approved the vaccine measure along party lines with just a few exceptions. The one Long Island legislator who didn’t vote with her party was Sen. Monica Martinez (D-Brentwood), who sided with Republicans in a 39-23 vote. Assemb. David McDonough (R-Merrick) and Assemb. Daniel Norber (R-Great Neck) missed the vote in the Assembly, where the measured was approved, 90-48.

Paulin, during the debate, cited the federal rollback attempt and said, "I’m worried about the herd immunity we’ve been able to achieve" to prevent disease spread.

On the Senate side, Sen. Steven Rhoads (R-Bellmore) led the debate for Republicans, questioning whether changing the law would mean programs such as Medicaid would no longer cover the cost of vaccinations and doctors and health groups would no longer be covered by liability laws.

"This bill is certainly not well thought out," Rhoads said. "The standards we have now, the policies we have now, have been working and for the state to step in and reinvent the wheel" is ill-advised.

Senate bill sponsor Toby Ann Stavisky (D-Whitestone) said she was "concerned about the fake science coming out of (Kennedy’s) department."

Added Sen. Kristen Gonzalez (D-Long Island City): "I’m voting ‘aye’ because I believe in science and keeping children safe."

Assemb. Josh Jensen (R-Greece), who led the GOP debate in the Assembly, contended  adding an array outside voices, such as different science academies and international organizations, could create confusion.

"This proposal to add more stakeholders to the conversation when the state health commissioner determines vaccine standards for children has the potential to create conflict among medical organizations by choosing to disregard the nation's leading science-based, data-driven organization solely because of the current administration in Washington," Jensen said in a statement.

By Yancey Roy

yancey.roy@newsday.com@yanceyroy