Bill Text: NY S04807 | 2021-2022 | General Assembly | Amended
Bill Title: Authorizes pharmacists to provide immunizations which are recommended by centers for disease control and prevention to patients eighteen years or older.
Spectrum: Moderate Partisan Bill (Democrat 18-3)
Status: (Passed) 2021-11-02 - SIGNED CHAP.555 [S04807 Detail]
Download: New_York-2021-S04807-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4807--A Cal. No. 1136 2021-2022 Regular Sessions IN SENATE February 12, 2021 ___________ Introduced by Sens. STAVISKY, ADDABBO, BENJAMIN, BOYLE, BROOKS, COMRIE, COONEY, GALLIVAN, GOUNARDES, HINCHEY, HOYLMAN, JACKSON, KAMINSKY, PARKER, REICHLIN-MELNICK, SALAZAR, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged and said bill committed to the Committee on Higher Education -- reported favorably from said committee, ordered to first and second report, amended on second report, ordered to a third reading, and to be reprinted as amended, retaining its place in the order of third reading AN ACT to amend the education law, in relation to authorizing the admin- istration of vaccines for hepatitis A, hepatitis B, human papillomavi- rus, measles, mumps, rubella, varicella and COVID-19 by a licensed pharmacist and requiring pharmacists who administer immunizations to report the immunizations to the department of health; and 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 pharmacists, chapter 116 of the laws of 2012, amending the education law relating to authorizing a licensed pharmacist and certi- fied nurse practitioner to administer certain immunizing agents, chap- ter 274 of the laws of 2013, amending the education law relating to authorizing a licensed pharmacist and certified nurse practitioner to administer meningococcal disease immunizing agents, and chapter 110 of the laws of 2020, amending the education law relating to authorizing licensed pharmacists to administer an approved vaccine for COVID-19, in relation to making such 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 110 of the laws of 2020, is amended to read as 3 follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09371-08-1S. 4807--A 2 1 7. A licensed physician may prescribe and order a patient specific 2 order or non-patient specific regimen to a licensed pharmacist, pursuant 3 to regulations promulgated by the commissioner, and consistent with the 4 public health law, for: (a) administering immunizations to prevent 5 influenza[,] to patients two years of age or older; and (b) administer- 6 ing immunizations to prevent pneumococcal, acute herpes zoster, hepati- 7 tis A, hepatitis B, human papillomavirus, measles, mumps, rubella, vari- 8 cella, COVID-19, meningococcal, tetanus, diphtheria[, COVID-19,] or 9 pertussis disease and medications required for emergency treatment of 10 anaphylaxis to patients eighteen years of age or older; and (c) adminis- 11 tering other immunizations recommended by the advisory committee on 12 immunization practices of the centers for disease control and prevention 13 for patients eighteen years of age or older if the commissioner of 14 health in consultation with the commissioner determines that an immuni- 15 zation: (i) (A) may be safely administered by a licensed pharmacist 16 within their lawful scope of practice; and (B) is needed to prevent the 17 transmission of a reportable communicable disease that is prevalent in 18 New York state; or (ii) is a recommended immunization for such patients 19 who: (A) meet age requirements, (B) lack documentation of such immuniza- 20 tion, (C) lack evidence of past infection, or (D) have an additional 21 risk factor or another indication as recommended by the advisory commit- 22 tee on immunization practices of the centers for disease control and 23 prevention. Nothing in this subdivision shall authorize unlicensed 24 persons to administer immunizations, vaccines or other drugs. 25 § 2. Subdivision 22 of section 6802 of the education law, as amended 26 by chapter 110 of the laws of 2020, is amended to read as follows: 27 22. "Administer", for the purpose of section sixty-eight hundred one 28 of this article, means: 29 a. the direct application of an immunizing agent to adults, whether by 30 injection, ingestion, inhalation or any other means, pursuant to a 31 patient specific order or non-patient specific regimen prescribed or 32 ordered by a physician or certified nurse practitioner, [who has a prac-33tice site in the county or adjoining county in which the immunization is34administered,] for: immunizations to prevent influenza, pneumococcal, 35 acute herpes zoster, hepatitis A, hepatitis B, human papillomavirus, 36 measles, mumps, rubella, varicella, COVID-19, meningococcal, tetanus, 37 diphtheria[, COVID-19,] or pertussis disease and medications required 38 for emergency treatment of anaphylaxis; and other immunizations recom- 39 mended by the advisory committee on immunization practices of the 40 centers for disease control and prevention for patients eighteen years 41 of age or older if the commissioner of health in consultation with the 42 commissioner determines that an immunization: (i)(A) may be safely 43 administered by a licensed pharmacist within their lawful scope of prac- 44 tice; and (B) is needed to prevent the transmission of a reportable 45 communicable disease that is prevalent in New York state; or (ii) is a 46 recommended immunization for such patients who: (A) meet age require- 47 ments, (B) lack documentation of such immunization, (C) lack evidence of 48 past infection, or (D) have an additional risk factor or another indi- 49 cation as recommended by the advisory committee on immunization prac- 50 tices of the centers for disease control and prevention. If the commis- 51 sioner of health determines that there is an outbreak of disease, or 52 that there is the imminent threat of an outbreak of disease, then the 53 commissioner of health may issue a non-patient specific regimen applica- 54 ble statewide. 55 b. the direct application of an immunizing agent to children between 56 the ages of two and eighteen years of age, whether by injection, inges-S. 4807--A 3 1 tion, inhalation or any other means, pursuant to a patient specific 2 order or non-patient specific regimen prescribed or ordered by a physi- 3 cian or certified nurse practitioner, [who has a practice site in the4county or adjoining county in which the immunization is administered,] 5 for immunization to prevent influenza and medications required for emer- 6 gency treatment of anaphylaxis resulting from such immunization. If the 7 commissioner of health determines that there is an outbreak of influen- 8 za, or that there is the imminent threat of an outbreak of influenza, 9 then the commissioner of health may issue a non-patient specific regimen 10 applicable statewide. 11 § 3. Subdivision 7 of section 6909 of the education law, as amended by 12 chapter 110 of the laws of 2020, is amended to read as follows: 13 7. A certified nurse practitioner may prescribe and order a patient 14 specific order or non-patient specific regimen to a licensed pharmacist, 15 pursuant to regulations promulgated by the commissioner, and consistent 16 with the public health law, for: (a) administering immunizations to 17 prevent influenza[,] to patients two years of age or older; and (b) 18 administering immunizations to prevent pneumococcal, acute herpes zost- 19 er, hepatitis A, hepatitis B, human papillomavirus, measles, mumps, 20 rubella, varicella, COVID-19, meningococcal, tetanus, diphtheria[,21COVID-19,] or pertussis disease and medications required for emergency 22 treatment of anaphylaxis to patients eighteen years of age or older; and 23 (c) administering other immunizations recommended by the advisory 24 committee on immunization practices of the centers for disease control 25 and prevention for patients eighteen years of age or older if the 26 commissioner of health in consultation with the commissioner determines 27 that an immunization: (i) (A) may be safely administered by a licensed 28 pharmacist within their lawful scope of practice; and (B) is needed to 29 prevent the transmission of a reportable communicable disease that is 30 prevalent in New York state; or (ii) is a recommended immunization 31 for such patients who: (A) meet age requirements, (B) lack documentation 32 of such immunization, (C) lack evidence of past infection, or (D) have 33 an additional risk factor or another indication as recommended by the 34 advisory committee on immunization practices of the centers for disease 35 control and prevention. Nothing in this subdivision shall authorize 36 unlicensed persons to administer immunizations, vaccines or other drugs. 37 § 4. A licensed pharmacist who administers an immunization pursuant to 38 this act shall report the immunization to the department of health 39 either through the statewide immunization information system or the 40 citywide immunization registry under section 2168 of the public health 41 law, notwithstanding any provision of that section to the contrary. 42 § 5. Section 8 of chapter 563 of the laws of 2008, amending the educa- 43 tion law and the public health law relating to immunizing agents to be 44 administered to adults by pharmacists, as amended by section 18 of part 45 BB of chapter 56 of the laws of 2020, is amended to read as follows: 46 § 8. This act shall take effect on the ninetieth day after it shall 47 have become a law [and shall expire and be deemed repealed July 1,482022]. 49 § 6. Section 5 of chapter 116 of the laws of 2012, amending the educa- 50 tion law relating to authorizing a licensed pharmacist and certified 51 nurse practitioner to administer certain immunizing agents, as amended 52 by section 19 of part BB of chapter 56 of the laws of 2020, is amended 53 to read as follows: 54 § 5. This act shall take effect on the ninetieth day after it shall 55 have become a law[, provided, however, that the provisions of sectionsS. 4807--A 4 1one, two and four of this act shall expire and be deemed repealed July21, 2022 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 § 7. Section 4 of chapter 274 of the laws of 2013, amending the educa- 16 tion law relating to authorizing a licensed pharmacist and certified 17 nurse practitioner to administer meningococcal disease immunizing 18 agents, is amended to read as follows: 19 § 4. This act shall take effect on the ninetieth day after it shall 20 have become a law[; provided, that:21(a) the amendments to subdivision 7 of section 6527 of the education22law, made by section one of this act shall not affect the expiration and23reversion of such subdivision, as provided in section 6 of chapter 11624of the laws of 2012, and shall be deemed to expire therewith; and25(b) the amendments to subdivision 7 of section 6909 of the education26law, made by section two of this act shall not affect the expiration and27reversion of such subdivision, as provided in section 6 of chapter 11628of the laws of 2012, and shall be deemed to be expire therewith; and29(c) the amendments to subdivision 22 of section 6802 of the education30law made by section three of this act shall not affect the expiration of31such subdivision and shall be deemed to expire therewith]. 32 § 8. Section 4 of chapter 110 of the laws of 2020, amending the educa- 33 tion law relating to authorizing licensed pharmacists to administer an 34 approved vaccine for COVID-19, is amended to read as follows: 35 § 4. This act shall take effect no sooner than ninety days from the 36 date of approval of a COVID-19 immunization by the United States Food 37 and Drug Administration's Center for Biologics Evaluation and Research 38 [and shall expire and be deemed repealed July 1, 2022]; provided further 39 that this act shall not take effect until the commissioner of health and 40 the commissioner of education jointly certify that the administration of 41 such immunization pursuant to this act would be in the best interest of 42 public health; provided that the commissioner of health and the commis- 43 sioner of education shall notify the legislative bill drafting commis- 44 sion upon the occurrence of such certification in order that the commis- 45 sion may maintain an accurate and timely effective data base of the 46 official text of the laws of the state of New York in furtherance of 47 effectuating the provisions of section 44 of the legislative law and 48 section 70-b of the public officers law[; provided further, that:49(a) the amendments to subdivision 7 of section 6527 of the education50law made by section one of this act shall not affect the expiration of51such subdivision and shall be deemed to expire therewith;52(b) the amendments to subdivision 22 of section 6802 of the education53law made by section two of this act shall not affect the repeal of such54subdivision pursuant to section 8 of chapter 563 of the laws of 2008, as55amended, and shall be deemed repealed therewith; andS. 4807--A 5 1(c) the amendments to subdivision 7 of section 6909 of the education2law, made by section three of this act shall not affect the expiration3of such subdivision and shall be deemed to expire therewith]. 4 § 9. This act shall take effect on the ninetieth day after it shall 5 have become a law.