New York S 9604: Provides liability protections for health care providers who issue vaccines

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S09604 Summary:

BILL NOS09604 

&nbsp

SAME ASSAME AS A09140

&nbsp

SPONSORHINCHEY

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §2166, Pub Health L

&nbsp

Provides liability protections for health care providers who issue vaccines so long as such vaccination does not arise out of willful misconduct or gross negligence.

Go to top S09604 Actions:

BILL NOS09604 

&nbsp

03/27/2026REFERRED TO HEALTH

05/28/2026COMMITTEE DISCHARGED AND COMMITTED TO RULES

05/28/2026ORDERED TO THIRD READING CAL.1410

06/04/2026SUBSTITUTED BY A9140

&nbspA09140 AMEND= Rosenthal

&nbsp10/17/2025referred to health

&nbsp01/07/2026referred to health

&nbsp04/21/2026reported referred to rules

&nbsp04/21/2026reported 

&nbsp04/21/2026rules report cal.99

&nbsp04/21/2026ordered to third reading rules cal.99

&nbsp04/28/2026passed assembly

&nbsp04/28/2026delivered to senate

&nbsp04/28/2026REFERRED TO HEALTH

&nbsp06/04/2026SUBSTITUTED FOR S9604

&nbsp06/04/20263RD READING CAL.1410

&nbsp06/04/2026PASSED SENATE

&nbsp06/04/2026RETURNED TO ASSEMBLY

Go to topS09604 Committee&nbspVotes:

Go to topS09604 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09604 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9604

 IN SENATE

 March 27, 2026
 ___________

 Introduced by Sen. HINCHEY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Health

 AN ACT to amend the public health law, in relation to liability
 protections for persons administering vaccinations

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 2166 of the public health law, as added by chapter
 2 573 of the laws of 1999, is amended to read as follows:
 3 § 2166. Immunization; regulations; liability protection. 1. The
 4 commissioner may promulgate regulations with respect to immunization
 5 conducted by a home care services agency licensed pursuant to section
 6 thirty-six hundred five of this chapter or certified pursuant to section
 7 thirty-six hundred eight of this chapter, facilities or institutions
 8 established under article twenty-eight of this chapter, and other health
 9 care providers and practitioners, including, but not limited to, stand-
 10 ards for the quality of care and services provided, consistent with the
 11 education law.
 12 2. No home care services agency licensed pursuant to section thirty-
 13 six hundred five of this chapter or certified pursuant to section thir-
 14 ty-six hundred eight of this chapter, facilities or institutions estab-
 15 lished under article twenty-eight of this chapter, and other health care
 16 providers and practitioners, including, but not limited to, standards
 17 for the quality of care and services provided, consistent with the
 18 education law shall be liable for any injury caused by an act or omis-
 19 sion in the administration of the vaccine or other immunizing agent, if
 20 the immunization is performed pursuant to this section in conformity
 21 with applicable federal, state, or local governmental standards and the
 22 act or omission does not constitute willful misconduct or gross negli-
 23 gence. As used in this subdivision, "injury" includes the residual
 24 effects of the vaccine or other immunizing agent.
 25 3. Notwithstanding any other law, a person shall not be liable for any
 26 injury caused by an act or omission in prescribing, dispensing, order-
 27 ing, furnishing, or in the administration of a vaccine or other immuniz-
 28 ing agent to a minor, including the residual effects of the vaccine or

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13820-01-5

 S. 9604 2

 1 immunizing agent, if the immunization is either required by state law,
 2 administered in accordance with regulations promulgated by the commis-
 3 sioner and the act or omission does not constitute willful misconduct or
 4 gross negligence.
 5 4. A person shall not be liable for any injury caused by an act or
 6 omission in the administration of a vaccine or other immunizing agent to
 7 a minor, including the residual effects of the vaccine or immunizing
 8 agent, if the immunization is either required by state law, or giv