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COVID-19

States Break with FDA Restrictions on COVID-19 Vaccines to Ensure Broader Access

Strategic Insights

— 3 min read

As several states continue to make COVID-19 vaccinations more accessible to their residents, especially children, the U.S. Food and Drug Administration's (FDA) restrictive eligibility policies have been largely ignored. New York, Colorado, Massachusetts, New Mexico, and Pennsylvania have announced their decision to bypass the FDA's restrictions, allowing pharmacists to administer the shots to anyone who desires it, including children, without needing a doctor's note. This move is seen as an attempt to counter the federal agency's decision to limit access to the vaccines, making it more challenging for some individuals to get vaccinated.

Key Takeaways:

  • New York Democratic Gov. Kathy Hochul signed an executive order on September 4, which allows pharmacists to provide COVID-19 vaccines to anyone who desires it for the next 30 days, which can be renewed.
  • Colorado, Massachusetts, New Mexico, and Pennsylvania have also announced their decision to break with the FDA's restrictive eligibility policies, allowing pharmacists to administer the shots to residents of all ages.
  • The FDA had previously recommended that COVID-19 vaccine booster shots be made available to anyone 6 months or older regardless of their health status, but in August, the federal agency announced restrictions for the new shot.
  • The new restrictions limit access to the vaccines to people who are 65 and older and to younger people with at least one underlying health condition that would put them at risk of developing a severe illness without a booster shot.
  • Children are eligible only if a medical provider is consulted, and the Pfizer vaccine will no longer be available for any child under 5.
  • Other states are also taking measures to ensure more people can get access to the vaccines, including Massachusetts, which has ordered health insurers to continue covering the vaccine and allowing pharmacies to continue providing shots to residents above the age of 5.
  • Pennsylvania has held a special meeting to vote to bypass federal vaccine recommendations and allow pharmacists to continue administering COVID-19 vaccines.
  • Colorado and New Mexico have taken similar steps, with state officials signing public health orders asking state agencies to require insurers to cover the vaccines and instructing pharmacists to provide the shots without a doctor's note.

Statistics:

  • The FDA's restrictive eligibility policies have been largely ignored by several states, including New York, Colorado, Massachusetts, New Mexico, and Pennsylvania.
  • The FDA had recommended that COVID-19 vaccine booster shots be made available to anyone 6 months or older regardless of their health status.
  • The new restrictions limit access to the vaccines to people who are 65 and older and to younger people with at least one underlying health condition.
  • Children are eligible only if a medical provider is consulted, and the Pfizer vaccine will no longer be available for any child under 5.
  • Massachusetts has ordered health insurers to continue covering the vaccine and allowing pharmacies to continue providing shots to residents above the age of 5.
  • Pennsylvania has held a special meeting to vote to bypass federal vaccine recommendations and allow pharmacists to continue administering COVID-19 vaccines.

Sources:

  • "A pharmacy advertises COVID-19 testing and vaccinations on Sept. 4 in the Brooklyn borough of New York City." (Photo by Spencer Platt/Getty Images)
  • "When they said that they are not going to be requiring COVID shots and other vaccinations for our families, I said, ‘No, here in New York we will make parents have the option.'" (Statement by New York Democratic Gov. Kathy Hochul)
  • "The American people demanded science, safety, and common sense. This framework delivers all three." (Statement by U.S. Health and Human Services Secretary Robert F. Kennedy Jr.)
  • "Health care decisions should be up to individuals -- not the federal government and certainly not RFK Jr. My Administration will continue to protect health care access for all Pennsylvanians." (Statement by Pennsylvania Democratic Gov. Josh Shapiro)
  • "This story was originally produced by Stateline, which is part of States Newsroom, a nonprofit news network which includes Nebraska Examiner, and is supported by grants and a coalition of donors as a 501c(3) public charity." (https://stateline.org/2025/09/05/states-break-with-fda-restrictions-on-covid-vaccines-ensuring-broader-access/)

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