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.
LBD09371-08-1
S. 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-
33 tice site in the county or adjoining county in which the immunization is
34 administered,] 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 the
4 county 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[,
21 COVID-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,
48 2022].
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 sections
S. 4807--A 4
1 one, two and four of this act shall expire and be deemed repealed July
2 1, 2022 provided, that:
3 (a) the amendments to subdivision 7 of section 6527 of the education
4 law made by section one of this act shall not affect the repeal of such
5 subdivision and shall be deemed to be repealed therewith;
6 (b) the amendments to subdivision 7 of section 6909 of the education
7 law, made by section two of this act shall not affect the repeal of such
8 subdivision and shall be deemed to be repealed therewith;
9 (c) the amendments to subdivision 22 of section 6802 of the education
10 law made by section three of this act shall not affect the repeal of
11 such subdivision and shall be deemed to be repealed therewith; and
12 (d) the amendments to section 6801 of the education law made by
13 section four of this act shall not affect the expiration of such section
14 and 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 education
22 law, made by section one of this act shall not affect the expiration and
23 reversion of such subdivision, as provided in section 6 of chapter 116
24 of the laws of 2012, and shall be deemed to expire therewith; and
25 (b) the amendments to subdivision 7 of section 6909 of the education
26 law, made by section two of this act shall not affect the expiration and
27 reversion of such subdivision, as provided in section 6 of chapter 116
28 of the laws of 2012, and shall be deemed to be expire therewith; and
29 (c) the amendments to subdivision 22 of section 6802 of the education
30 law made by section three of this act shall not affect the expiration of
31 such 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 education
50 law made by section one of this act shall not affect the expiration of
51 such subdivision and shall be deemed to expire therewith;
52 (b) the amendments to subdivision 22 of section 6802 of the education
53 law made by section two of this act shall not affect the repeal of such
54 subdivision pursuant to section 8 of chapter 563 of the laws of 2008, as
55 amended, and shall be deemed repealed therewith; and
S. 4807--A 5
1 (c) the amendments to subdivision 7 of section 6909 of the education
2 law, made by section three of this act shall not affect the expiration
3 of 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.