Bill Text: NY A06511 | 2019-2020 | General Assembly | Amended
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-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6511--A 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, QUART -- Multi-Sponsored by -- M. of A. HAWLEY, RA, SIMON, THIELE, WALKER -- read once and referred to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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; and 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 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-8za, pneumococcal, acute herpes zoster, meningococcal, tetanus, diphthe-9ria or pertussis disease] and vaccines listed in the recommended adult 10 immunization schedule by the Centers for Disease Control and Prevention 11 and medications required for emergency treatment of anaphylaxis. Noth- 12 ing in this subdivision shall authorize unlicensed persons to administer 13 immunizations, vaccines or other drugs. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07157-04-9A. 6511--A 2 1 § 2. Subdivision 22 of section 6802 of the education law, as amended 2 by section 2 of part DD of chapter 57 of the laws of 2018, is amended to 3 read as follows: 4 22. "Administer", for the purpose of section sixty-eight hundred one 5 of this article, means: 6 a. the direct application of an immunizing agent to adults, whether by 7 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-10tice site in the county or adjoining county in which the immunization is11administered,] for immunizations [to prevent influenza, pneumococcal,12acute herpes zoster, meningococcal, tetanus, diphtheria or pertussis13disease] and vaccines listed in the recommended adult immunization sche- 14 dule by the Centers for Disease Control and Prevention and medications 15 required for emergency treatment of anaphylaxis. If the commissioner of 16 health determines that there is an outbreak of disease, or that there is 17 the imminent threat of an outbreak of disease, then the commissioner of 18 health may issue a non-patient specific regimen applicable statewide. 19 b. the direct application of an immunizing agent to children between 20 the ages of two and eighteen years of age, whether by injection, inges- 21 tion, inhalation or any other means, pursuant to a patient specific 22 order or non-patient specific regimen prescribed or ordered by a physi- 23 cian or certified nurse practitioner, [who has a practice site in the24county or adjoining county in which the immunization is administered,] 25 for immunization to prevent influenza and medications required for emer- 26 gency treatment of anaphylaxis resulting from such immunization. If the 27 commissioner of health determines that there is an outbreak of influen- 28 za, or that there is the imminent threat of an outbreak of influenza, 29 then the commissioner of health may issue a non-patient specific regimen 30 applicable statewide. 31 § 3. Subdivision 7 of section 6909 of the education law, as amended by 32 chapter 46 of the laws of 2015, is amended to read as follows: 33 7. A certified nurse practitioner may prescribe and order a patient 34 specific order or non-patient specific regimen to a licensed pharmacist, 35 pursuant to regulations promulgated by the commissioner, and consistent 36 with the public health law, for administering immunizations [to prevent37influenza, pneumococcal, acute herpes zoster, meningococcal, tetanus,38diphtheria or pertussis disease] and vaccines listed in the recommended 39 adult immunization schedule by the Centers for Disease Control and 40 Prevention and medications required for emergency treatment of anaphy- 41 laxis. Nothing in this subdivision shall authorize unlicensed persons 42 to administer immunizations, vaccines or other drugs. 43 § 4. Section 8 of chapter 563 of the laws of 2008, amending the educa- 44 tion law and the public health law relating to immunizing agents to be 45 administered to adults by pharmacists, as amended by section 3 of part 46 DD of chapter 57 of the laws of 2018, is amended to read as follows: 47 § 8. This act shall take effect on the ninetieth day after it shall 48 have become a law [and shall expire and be deemed repealed July 1,492020]. 50 § 5. Section 5 of chapter 116 of the laws of 2012, amending the educa- 51 tion law relating to authorizing a licensed pharmacist and certified 52 nurse practitioner to administer certain immunizing agents, as amended 53 by section 4 of part DD of chapter 57 of the laws of 2018, is amended to 54 read as follows: 55 § 5. This act shall take effect on the ninetieth day after it shall 56 have become a law[, provided, however, that the provisions of sectionsA. 6511--A 3 1one, two and four of this act shall expire and be deemed repealed July21, 2020 provided, that:3(a) the amendments to subdivision 7 of section 6527 of the education4law made by section one of this act shall not affect the repeal of such5subdivision and shall be deemed to be repealed therewith;6(b) the amendments to subdivision 7 of section 6909 of the education7law, made by section two of this act shall not affect the repeal of such8subdivision and shall be deemed to be repealed therewith;9(c) the amendments to subdivision 22 of section 6802 of the education10law made by section three of this act shall not affect the repeal of11such subdivision and shall be deemed to be repealed therewith; and12(d) the amendments to section 6801 of the education law made by13section four of this act shall not affect the expiration of such section14and shall be deemed to expire therewith]. 15 § 6. This act shall take effect immediately.