Bill Text: NY A03830 | 2019-2020 | General Assembly | Amended
Bill Title: Relates to the definition of the practice of pharmacy.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-12-04 - print number 3830a [A03830 Detail]
Download: New_York-2019-A03830-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3830--A 2019-2020 Regular Sessions IN ASSEMBLY January 31, 2019 ___________ Introduced by M. of A. McDONALD, BLANKENBUSH, TAGUE, ARROYO, WALCZYK -- Multi-Sponsored by -- M. of A. SAYEGH -- read once and referred to the Committee on Higher Education -- recommitted to the Committee on High- er Education in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to the definition of the practice of pharmacy The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 22 of section 6802 of the education law, as 2 amended by section 2 of part DD of chapter 57 of the laws of 2018, is 3 amended to read as follows: 4 22. "Administer", for the purpose of section sixty-eight hundred one 5 of this article, means: 6 a. (1) the direct application of an immunizing agent to adults, wheth- 7 er by injection, ingestion, inhalation or any other means, pursuant to a 8 patient specific order or non-patient specific regimen prescribed or 9 ordered by a physician or certified nurse practitioner, who has a prac- 10 tice site in the county or adjoining county in which the immunization is 11 administered, for immunizations to prevent influenza, pneumococcal, 12 acute herpes zoster, meningococcal, tetanus, diphtheria, COVID-19, or 13 pertussis disease and medications required for emergency treatment of 14 anaphylaxis. If the commissioner of health determines that there is an 15 outbreak of disease, or that there is the imminent threat of an outbreak 16 of disease, then the commissioner of health may issue a non-patient 17 specific regimen applicable statewide. 18 [b.] (2) the direct application of an immunizing agent to children 19 between the ages of two and eighteen years of age, whether by injection, 20 ingestion, inhalation or any other means, pursuant to a patient specific 21 order or non-patient specific regimen prescribed or ordered by a physi- 22 cian or certified nurse practitioner, who has a practice site in the 23 county or adjoining county in which the immunization is administered, 24 for immunization to prevent influenza and medications required for emer- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00670-08-0A. 3830--A 2 1 gency treatment of anaphylaxis resulting from such immunization. If the 2 commissioner of health determines that there is an outbreak of influen- 3 za, or that there is the imminent threat of an outbreak of influenza, 4 then the commissioner of health may issue a non-patient specific regimen 5 applicable statewide. 6 b. The injection of medications for the treatment of mental health and 7 substance use disorder, as prescribed or ordered by a licensed prescri- 8 ber in this state and in accordance with regulations promulgated by the 9 commissioner and the department of health in consultation with the board 10 of pharmacy, and any other state agencies as necessary, providing that: 11 (1) Such administration is conducted pursuant to a valid prescription 12 or order that authorizes a pharmacist to administer medications for the 13 treatment of mental health and substance use disorder and the pharmacist 14 notifies the licensed prescriber that the administration is complete. 15 (2) Such prescription may be subject to reassessment at appropriate 16 intervals, as determined by the licensed prescriber. 17 (3) Such activity is conducted in accordance with regulations promul- 18 gated or adopted by the commissioner and the department of health, in 19 consultation with the board of pharmacy, and any other state agencies, 20 as necessary, which shall include requirements for the following: 21 (i) Training accredited by the accreditation council for pharmacy 22 education, that may include educational experiences obtained through 23 pharmacy school curricula, or a similar health authority or professional 24 body appropriate for the medications being administered and their 25 respective patient populations. Such training must be satisfactory to 26 the commissioner and the department of health, in consultation with the 27 board of pharmacy and any other state agencies, as necessary, which 28 shall include, but not be limited to learning modules on techniques for 29 administration by injections, indications, precautions, and contraindi- 30 cations in the use of agent or agents; record keeping and information; 31 and handling emergencies, including anaphylaxis, needle-sticks and 32 cardiopulmonary resuscitation. 33 (ii) Maintaining continued competency regarding the populations served 34 and medications administered. 35 (iii) Pre-administration patient consent and education regarding 36 common side effects, drug interactions, injection site reactions and 37 other information routinely provided to patients upon dispensing. 38 (iv) When administering an injection in a pharmacy, the pharmacist 39 shall provide an area for the injection that provides for the patient's 40 privacy. 41 (v) Record keeping and reporting of such administration by electronic 42 transmission or facsimile to the patient's licensed prescriber, and, to 43 the extent practicable, make himself or herself available to discuss the 44 outcome of such injection, including any adverse reactions, with the 45 licensed prescriber. 46 § 2. Subdivision 22 of section 6802 of the education law, as amended 47 by chapter 110 of the laws of 2020, is amended to read as follows: 48 22. "Administer", for the purpose of section sixty-eight hundred one 49 of this article, means: 50 a. (1) the direct application of an immunizing agent to adults, wheth- 51 er by injection, ingestion, inhalation or any other means, pursuant to a 52 patient specific order or non-patient specific regimen prescribed or 53 ordered by a physician or certified nurse practitioner, who has a prac- 54 tice site in the county or adjoining county in which the immunization is 55 administered, for immunizations to prevent influenza, pneumococcal, 56 acute herpes zoster, meningococcal, tetanus, diphtheria, COVID-19, orA. 3830--A 3 1 pertussis disease and medications required for emergency treatment of 2 anaphylaxis. If the commissioner of health determines that there is an 3 outbreak of disease, or that there is the imminent threat of an outbreak 4 of disease, then the commissioner of health may issue a non-patient 5 specific regimen applicable statewide. 6 [b.] (2) the direct application of an immunizing agent to children 7 between the ages of two and eighteen years of age, whether by injection, 8 ingestion, inhalation or any other means, pursuant to a patient specific 9 order or non-patient specific regimen prescribed or ordered by a physi- 10 cian or certified nurse practitioner, who has a practice site in the 11 county or adjoining county in which the immunization is administered, 12 for immunization to prevent influenza and medications required for emer- 13 gency treatment of anaphylaxis resulting from such immunization. If the 14 commissioner of health determines that there is an outbreak of influen- 15 za, or that there is the imminent threat of an outbreak of influenza, 16 then the commissioner of health may issue a non-patient specific regimen 17 applicable statewide. 18 b. The injection of medications for the treatment of mental health and 19 substance use disorder, as prescribed or ordered by a licensed prescri- 20 ber in this state and in accordance with regulations promulgated by the 21 commissioner and the department of health, in consultation with the 22 board of pharmacy, and any other state agencies, as necessary, providing 23 that: 24 (1) Such administration is conducted pursuant to a valid prescription 25 or order that authorizes a pharmacist to administer medications for the 26 treatment of mental health and substance use disorder and the pharmacist 27 notifies the licensed prescriber that the administration is complete. 28 (2) Such prescription may be subject to reassessment at appropriate 29 intervals, as determined by the licensed prescriber. 30 (3) Such activity is conducted in accordance with regulations promul- 31 gated or adopted by the commissioner and the department of health, in 32 consultation with the board of pharmacy, and any other state agencies, 33 as necessary, which shall include requirements for the following: 34 (i) Training accredited by the accreditation council for pharmacy 35 education, that may include educational experiences obtained through 36 pharmacy school curricula, or a similar health authority or professional 37 body appropriate for the medications being administered and their 38 respective patient populations. Such training must be satisfactory to 39 the commissioner and the department of health, in consultation with the 40 board of pharmacy and any other state agencies, as necessary, which 41 shall include, but not be limited to learning modules on techniques for 42 administration by injections, indications, precautions, and contraindi- 43 cations in the use of agent or agents; record keeping and information; 44 and handling emergencies, including anaphylaxis, needle-sticks and 45 cardiopulmonary resuscitation. 46 (ii) Maintaining continued competency regarding the populations served 47 and medications administered. 48 (iii) Pre-administration patient consent and education regarding 49 common side effects, drug interactions, injection site reactions and 50 other information routinely provided to patients upon dispensing. 51 (iv) When administering an injection in a pharmacy, the pharmacist 52 shall provide an area for the injection that provides for the patient's 53 privacy. 54 (v) Record keeping and reporting of such administration by electronic 55 transmission or facsimile to the patient's licensed prescriber, and, to 56 the extent practicable, make himself or herself available to discuss theA. 3830--A 4 1 outcome of such injection, including any adverse reactions, with the 2 licensed prescriber. 3 § 3. Subdivision 22 of section 6802 of the education law, as amended 4 by section 2 of part DD of chapter 57 of the laws of 2018, is amended to 5 read as follows: 6 22. "Administer", for the purpose of section sixty-eight hundred one 7 of this article, means: 8 a. (1) the direct application of an immunizing agent to adults, wheth- 9 er by injection, ingestion, inhalation or any other means, pursuant to a 10 patient specific order or non-patient specific regimen prescribed or 11 ordered by a physician or certified nurse practitioner, who has a prac- 12 tice site in the county or adjoining county in which the immunization is 13 administered, for immunizations to prevent influenza, pneumococcal, 14 acute herpes zoster, meningococcal, tetanus, diphtheria, COVID-19, or 15 pertussis disease and medications required for emergency treatment of 16 anaphylaxis. If the commissioner of health determines that there is an 17 outbreak of disease, or that there is the imminent threat of an outbreak 18 of disease, then the commissioner of health may issue a non-patient 19 specific regimen applicable statewide. 20 [b.] (2) the direct application of an immunizing agent to children 21 between the ages of two and eighteen years of age, whether by injection, 22 ingestion, inhalation or any other means, pursuant to a patient specific 23 order or non-patient specific regimen prescribed or ordered by a physi- 24 cian or certified nurse practitioner, who has a practice site in the 25 county or adjoining county in which the immunization is administered, 26 for immunization to prevent influenza and medications required for emer- 27 gency treatment of anaphylaxis resulting from such immunization. If the 28 commissioner of health determines that there is an outbreak of influen- 29 za, or that there is the imminent threat of an outbreak of influenza, 30 then the commissioner of health may issue a non-patient specific regimen 31 applicable statewide. 32 b. The injection of medications for the treatment of mental health and 33 substance use disorders, as prescribed or ordered by a licensed prescri- 34 ber in this state and in accordance with regulations promulgated by the 35 commissioner and the department of health, in consultation with the 36 board of pharmacy, and any other state agencies, as necessary, providing 37 that: 38 (1) Such administration is conducted pursuant to a valid prescription 39 or order that authorizes a pharmacist to administer medications for the 40 treatment of mental health and substance use disorder and the pharmacist 41 notifies the licensed prescriber that the administration is complete. 42 (2) Such prescription may be subject to reassessment at appropriate 43 intervals, as determined by the licensed prescriber. 44 (3) Such activity is conducted in accordance with regulations promul- 45 gated or adopted by the commissioner and the department of health, in 46 consultation with the board of pharmacy, and any other state agencies, 47 as necessary, which shall include requirements for the following: 48 (i) Training accredited by the accreditation council for pharmacy 49 education, that may include educational experiences obtained through 50 pharmacy school curricula, or a similar health authority or professional 51 body appropriate for the medications being administered and their 52 respective patient populations. Such training must be satisfactory to 53 the commissioner and the department of health, in consultation with the 54 board of pharmacy and any other state agencies, as necessary, which 55 shall include, but not be limited to learning modules on techniques for 56 administration by injections, indications, precautions, and contraindi-A. 3830--A 5 1 cations in the use of agent or agents; record keeping and information; 2 and handling emergencies, including anaphylaxis, needle-sticks and 3 cardiopulmonary resuscitation. 4 (ii) Maintaining continued competency regarding the populations served 5 and medications administered. 6 (iii) Pre-administration patient consent and education regarding 7 common side effects, drug interactions, injection site reactions and 8 other information routinely provided to patients upon dispensing. 9 (iv) When administering an injection in a pharmacy, the pharmacist 10 shall provide an area for the injection that provides for the patient's 11 privacy. 12 (v) Record keeping and reporting of such administration by electronic 13 transmission or facsimile to the patient's licensed prescriber, and, to 14 the extent practicable, make himself or herself available to discuss the 15 outcome of such injection, including any adverse reactions, with the 16 licensed prescriber. 17 § 4. Section 6801 of the education law is amended by adding a new 18 subdivision 6 to read as follows: 19 6. A licensed pharmacist may administer injectable medications for the 20 treatment of mental health and substance use disorder, as prescribed or 21 ordered by a licensed prescriber in this state and in accordance with 22 regulations promulgated by the commissioner in consultation with the 23 board of pharmacy, and any other state agencies, as necessary. 24 § 5. This act shall take effect on the one hundred eightieth day after 25 it shall have become a law; provided, however, that: 26 a. the amendments to subdivision 22 of section 6802 of the education 27 law made by section one of this act shall be subject to the expiration 28 and reversion of such subdivision pursuant to section 4 of chapter 110 29 of the laws of 2020, as amended, when upon such date the provisions of 30 section two of this act shall take effect; provided, however, if the 31 provisions of section two of this act shall not have taken effect prior 32 to the repeal of such subdivision pursuant to section 8 of chapter 563 33 of the laws of 2008, as amended, such amendments shall not affect the 34 repeal of such subdivision and shall be deemed to repeal therewith; 35 b. provided, further, the amendments to subdivision 22 of section 6802 36 of the education law made by section two of this act shall take effect 37 on the same date and in the same manner as section 2 of chapter 110 of 38 the laws of 2020, takes effect; provided, however, if section 2 of chap- 39 ter 110 of the laws of 2020 takes effect prior to the effective date of 40 this act, section two of this section shall not take effect until the 41 one hundred eightieth day after it shall have become a law; provided 42 that such amendments made by section two of this act shall be subject to 43 the expiration and reversion of such subdivision pursuant to section 4 44 of chapter 110 of the laws of 2020, as amended, when upon such date the 45 provisions of section three of this act shall take effect; 46 c. provided, further that the amendments to subdivision 22 of section 47 6802 of the education law made by section three of this act shall not 48 affect the repeal of such subdivision and shall be deemed to repeal 49 therewith; and 50 d. provided, further, the amendments to section 6801 of the education 51 law made by section four of this act shall not affect the expiration of 52 such section and shall be deemed repealed therewith. Effective imme- 53 diately, the addition, amendment and/or repeal of any rule or regulation 54 necessary for the implementation of this act on its effective date are 55 authorized to be made and completed by the commissioner of education on 56 or before such date.
