Bill Text: NY A06511 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to pharmacist immunizations and emergency treatment of anaphylaxis; makes certain provisions permanent.

Spectrum: Slight Partisan Bill (Democrat 22-8)

Status: (Introduced - Dead) 2020-01-08 - referred to higher education [A06511 Detail]

Download: New_York-2019-A06511-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6511
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      March 8, 2019
                                       ___________
        Introduced  by  M.  of  A.  PAULIN, DINOWITZ, SCHIMMINGER, CROUCH, FAHY,
          HEVESI, STECK, WEPRIN, LUPARDO, BLANKENBUSH, JONES, ORTIZ,  BENEDETTO,
          GARBARINO,  SMITH -- 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; to amend chapter 563 of the laws of 2008, amending  the  educa-
          tion law and the public health law relating to immunizing agents to be
          administered  to  adults by pharmacists, in relation to making certain
          provisions permanent; and to amend chapter 116 of the  laws  of  2012,
          amending  the education law relating to authorizing a licensed pharma-
          cist and certified nurse practitioner to administer certain immunizing
          agents, in relation to making certain provisions permanent
          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, as
     2  amended by chapter 46 of the  laws  of  2015,  is  amended  to  read  as
     3  follows:
     4    7.  A  licensed  physician  may prescribe and order a patient specific
     5  order or non-patient specific regimen to a licensed pharmacist, pursuant
     6  to regulations promulgated by the commissioner, and consistent with  the
     7  public  health law, for administering immunizations [to prevent influen-
     8  za, pneumococcal, acute herpes zoster, meningococcal, tetanus,  diphthe-
     9  ria  or  pertussis disease and medications required for emergency treat-
    10  ment of anaphylaxis]  and  vaccines  listed  in  the  recommended  adult
    11  immunization schedule by the Centers for Disease Control and Prevention.
    12  Nothing in this subdivision shall authorize unlicensed persons to admin-
    13  ister immunizations, vaccines or other drugs.
    14    §  2.  Subdivision 22 of section 6802 of the education law, as amended
    15  by section 2 of part DD of chapter 57 of the laws of 2018, is amended to
    16  read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07157-01-9

        A. 6511                             2
     1    22. "Administer", for the purpose of section sixty-eight  hundred  one
     2  of this article, means:
     3    a. the direct application of an immunizing agent to adults, whether by
     4  injection,  ingestion,  inhalation  or  any  other  means, pursuant to a
     5  patient specific order or non-patient  specific  regimen  prescribed  or
     6  ordered by a physician or certified nurse practitioner, [who has a prac-
     7  tice site in the county or adjoining county in which the immunization is
     8  administered,]  for  immunizations  [to prevent influenza, pneumococcal,
     9  acute herpes zoster, meningococcal,  tetanus,  diphtheria  or  pertussis
    10  disease and medications required for emergency treatment of anaphylaxis]
    11  and  vaccines  listed  in the recommended adult immunization schedule by
    12  the Centers for Disease Control and Prevention.  If the commissioner  of
    13  health determines that there is an outbreak of disease, or that there is
    14  the  imminent threat of an outbreak of disease, then the commissioner of
    15  health may issue a non-patient specific regimen applicable statewide.
    16    b. the direct application of an immunizing agent to  children  between
    17  the  ages of two and eighteen years of age, whether by injection, inges-
    18  tion, inhalation or any other means,  pursuant  to  a  patient  specific
    19  order  or non-patient specific regimen prescribed or ordered by a physi-
    20  cian or certified nurse practitioner, [who has a practice  site  in  the
    21  county  or  adjoining county in which the immunization is administered,]
    22  for immunization to prevent influenza and medications required for emer-
    23  gency treatment of anaphylaxis resulting from such immunization. If  the
    24  commissioner  of health determines that there is an outbreak of influen-
    25  za, or that there is the imminent threat of an  outbreak  of  influenza,
    26  then the commissioner of health may issue a non-patient specific regimen
    27  applicable statewide.
    28    § 3. Subdivision 7 of section 6909 of the education law, as amended by
    29  chapter 46 of the laws of 2015, is amended to read as follows:
    30    7.  A  certified  nurse practitioner may prescribe and order a patient
    31  specific order or non-patient specific regimen to a licensed pharmacist,
    32  pursuant to regulations promulgated by the commissioner, and  consistent
    33  with  the public health law, for administering immunizations [to prevent
    34  influenza, pneumococcal, acute herpes  zoster,  meningococcal,  tetanus,
    35  diphtheria  or  pertussis disease and medications required for emergency
    36  treatment of anaphylaxis] and vaccines listed in the  recommended  adult
    37  immunization schedule by the Centers for Disease Control and Prevention.
    38  Nothing in this subdivision shall authorize unlicensed persons to admin-
    39  ister immunizations, vaccines or other drugs.
    40    § 4. Section 8 of chapter 563 of the laws of 2008, amending the educa-
    41  tion  law  and the public health law relating to immunizing agents to be
    42  administered to adults by pharmacists, as amended by section 3  of  part
    43  DD of chapter 57 of the laws of 2018, is amended to read as follows:
    44    §  8.  This  act shall take effect on the ninetieth day after it shall
    45  have become a law [and shall expire  and  be  deemed  repealed  July  1,
    46  2020].
    47    § 5. Section 5 of chapter 116 of the laws of 2012, amending the educa-
    48  tion  law  relating  to  authorizing a licensed pharmacist and certified
    49  nurse practitioner to administer certain immunizing agents,  as  amended
    50  by section 4 of part DD of chapter 57 of the laws of 2018, is amended to
    51  read as follows:
    52    §  5.  This  act shall take effect on the ninetieth day after it shall
    53  have become a law[, provided, however, that the provisions  of  sections
    54  one,  two  and four of this act shall expire and be deemed repealed July
    55  1, 2020 provided, that:

        A. 6511                             3

     1    (a) the amendments to subdivision 7 of section 6527 of  the  education
     2  law  made by section one of this act shall not affect the repeal of such
     3  subdivision and shall be deemed to be repealed therewith;
     4    (b)  the  amendments to subdivision 7 of section 6909 of the education
     5  law, made by section two of this act shall not affect the repeal of such
     6  subdivision and shall be deemed to be repealed therewith;
     7    (c) the amendments to subdivision 22 of section 6802 of the  education
     8  law  made  by  section  three of this act shall not affect the repeal of
     9  such subdivision and shall be deemed to be repealed therewith; and
    10    (d) the amendments to section  6801  of  the  education  law  made  by
    11  section four of this act shall not affect the expiration of such section
    12  and shall be deemed to expire therewith].
    13    § 6. This act shall take effect immediately.
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