Bill Text: NY A01221 | 2021-2022 | General Assembly | Introduced


Bill Title: Relates to pharmacist immunizations and emergency treatment of anaphylaxis; makes certain provisions permanent.

Spectrum: Slight Partisan Bill (Democrat 30-11)

Status: (Introduced - Dead) 2022-11-18 - enacting clause stricken [A01221 Detail]

Download: New_York-2021-A01221-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1221

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     January 7, 2021
                                       ___________

        Introduced  by  M.  of A. PAULIN, DINOWITZ, FAHY, HEVESI, STECK, WEPRIN,
          LUPARDO, BLANKENBUSH, JONES, BENEDETTO, SMITH, QUART,  SOLAGES,  WALC-
          ZYK,  GRIFFIN,  GALEF,  GOTTFRIED,  WALLACE, MONTESANO, BUTTENSCHON --
          Multi-Sponsored by -- M. of A. HAWLEY, RA, SIMON,  THIELE,  WALKER  --
          read once and referred to the Committee on Higher Education

        AN  ACT  to amend the education law, in relation to pharmacist immuniza-
          tions and emergency treatment of anaphylaxis; to amend chapter 563  of
          the laws of 2008, amending the education law and the public health law
          relating  to immunizing agents to be administered to adults by pharma-
          cists, in relation to making certain provisions  permanent;  to  amend
          chapter  116  of the laws of 2012, amending the education law relating
          to authorizing a licensed pharmacist and certified nurse  practitioner
          to administer certain immunizing agents, in relation to making certain
          provisions  permanent;  and repealing certain provisions of the educa-
          tion law relating to the administration of certain immunizing agents

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

     1    Section  1.  Subdivision  7  of  section  6527 of the education law is
     2  REPEALED and a new subdivision 7 is added to read as follows:
     3    7. A licensed physician may prescribe and  order  a  patient  specific
     4  order or non-patient specific regimen to a licensed pharmacist, pursuant
     5  to  regulations promulgated by the commissioner, and consistent with the
     6  public health law, for administering immunizations and  vaccines  listed
     7  in  the  recommended  adult  immunization  schedule  by  the Centers for
     8  Disease Control and Prevention and medications  required  for  emergency
     9  treatment  of  anaphylaxis.  Nothing in this subdivision shall authorize
    10  unlicensed persons to administer immunizations, vaccines or other drugs.
    11    § 2. Subdivision 22 of section 6802 of the education law  is  REPEALED
    12  and a new subdivision 22 is added to read as follows:
    13    22.  "Administer",  for the purpose of section sixty-eight hundred one
    14  of this article, means:
    15    a. the direct application of an immunizing agent to adults, whether by
    16  injection, ingestion, inhalation or  any  other  means,  pursuant  to  a
    17  patient  specific  order  or  non-patient specific regimen prescribed or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02058-01-1

        A. 1221                             2

     1  ordered by a physician or certified nurse  practitioner,  for  immuniza-
     2  tions and vaccines listed in the recommended adult immunization schedule
     3  by  the  Centers  for  Disease  Control  and  Prevention and medications
     4  required  for emergency treatment of anaphylaxis. If the commissioner of
     5  health determines that there is an outbreak of disease, or that there is
     6  the imminent threat of an outbreak of disease, then the commissioner  of
     7  health may issue a non-patient specific regimen applicable statewide.
     8    b.  the  direct application of an immunizing agent to children between
     9  the ages of two and eighteen years of age, whether by injection,  inges-
    10  tion,  inhalation  or  any  other  means, pursuant to a patient specific
    11  order or non-patient specific regimen prescribed or ordered by a  physi-
    12  cian or certified nurse practitioner, for immunization to prevent influ-
    13  enza  and  medications  required  for emergency treatment of anaphylaxis
    14  resulting from such immunization. If the commissioner of  health  deter-
    15  mines that there is an outbreak of influenza, or that there is the immi-
    16  nent threat of an outbreak of influenza, then the commissioner of health
    17  may issue a non-patient specific regimen applicable statewide.
    18    §  3.  Subdivision  7 of section 6909 of the education law is REPEALED
    19  and a new subdivision 7 is added to read as follows:
    20    7. A certified nurse practitioner may prescribe and  order  a  patient
    21  specific order or non-patient specific regimen to a licensed pharmacist,
    22  pursuant  to regulations promulgated by the commissioner, and consistent
    23  with the public health law, for administering immunizations and vaccines
    24  listed in the recommended adult immunization schedule by the Centers for
    25  Disease Control and Prevention and medications  required  for  emergency
    26  treatment  of  anaphylaxis.  Nothing in this subdivision shall authorize
    27  unlicensed persons to administer immunizations, vaccines or other drugs.
    28    § 4. Section 8 of chapter 563 of the laws of 2008, amending the educa-
    29  tion law and the public health law relating to immunizing agents  to  be
    30  administered  to adults by pharmacists, as amended by section 18 of part
    31  BB of chapter 56 of the laws of 2020, is amended to read as follows:
    32    § 8. This act shall take effect on the ninetieth day  after  it  shall
    33  have  become  a  law  [and  shall  expire and be deemed repealed July 1,
    34  2022].
    35    § 5. Section 5 of chapter 116 of the laws of 2012, amending the educa-
    36  tion law relating to authorizing a  licensed  pharmacist  and  certified
    37  nurse  practitioner  to administer certain immunizing agents, as amended
    38  by section 19 of part BB of chapter 56 of the laws of 2020,  is  amended
    39  to read as follows:
    40    §  5.  This  act shall take effect on the ninetieth day after it shall
    41  have become a law[, provided, however, that the provisions  of  sections
    42  one,  two  and four of this act shall expire and be deemed repealed July
    43  1, 2022 provided, that:
    44    (a) the amendments to subdivision 7 of section 6527 of  the  education
    45  law  made by section one of this act shall not affect the repeal of such
    46  subdivision and shall be deemed to be repealed therewith;
    47    (b) the amendments to subdivision 7 of section 6909 of  the  education
    48  law, made by section two of this act shall not affect the repeal of such
    49  subdivision and shall be deemed to be repealed therewith;
    50    (c)  the amendments to subdivision 22 of section 6802 of the education
    51  law made by section three of this act shall not  affect  the  repeal  of
    52  such subdivision and shall be deemed to be repealed therewith; and
    53    (d)  the  amendments  to  section  6801  of  the education law made by
    54  section four of this act shall not affect the expiration of such section
    55  and shall be deemed to expire therewith].
    56    § 6. This act shall take effect immediately.
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