Bill Text: NY S05227 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to pharmacist immunizations and emergency treatment of anaphylaxis; makes certain provisions permanent.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HIGHER EDUCATION [S05227 Detail]
Download: New_York-2019-S05227-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5227 2019-2020 Regular Sessions IN SENATE April 17, 2019 ___________ Introduced by Sens. MAY, BROOKS -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education 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. 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: 17 22. "Administer", for the purpose of section sixty-eight hundred one 18 of this article, means: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07157-05-9S. 5227 2 1 a. the direct application of an immunizing agent to adults, whether by 2 injection, ingestion, inhalation or any other means, pursuant to a 3 patient specific order or non-patient specific regimen prescribed or 4 ordered by a physician or certified nurse practitioner, [who has a prac-5tice site in the county or adjoining county in which the immunization is6administered,] for immunizations [to prevent influenza, pneumococcal,7acute herpes zoster, meningococcal, tetanus, diphtheria or pertussis8disease] and vaccines listed in the recommended adult immunization sche- 9 dule by the Centers for Disease Control and Prevention and medications 10 required for emergency treatment of anaphylaxis. If the commissioner of 11 health determines that there is an outbreak of disease, or that there is 12 the imminent threat of an outbreak of disease, then the commissioner of 13 health may issue a non-patient specific regimen applicable statewide. 14 b. the direct application of an immunizing agent to children between 15 the ages of two and eighteen years of age, whether by injection, inges- 16 tion, inhalation or any other means, pursuant to a patient specific 17 order or non-patient specific regimen prescribed or ordered by a physi- 18 cian or certified nurse practitioner, [who has a practice site in the19county or adjoining county in which the immunization is administered,] 20 for immunization to prevent influenza and medications required for emer- 21 gency treatment of anaphylaxis resulting from such immunization. If the 22 commissioner of health determines that there is an outbreak of influen- 23 za, or that there is the imminent threat of an outbreak of influenza, 24 then the commissioner of health may issue a non-patient specific regimen 25 applicable statewide. 26 § 3. Subdivision 7 of section 6909 of the education law, as amended by 27 chapter 46 of the laws of 2015, is amended to read as follows: 28 7. A certified nurse practitioner may prescribe and order a patient 29 specific order or non-patient specific regimen to a licensed pharmacist, 30 pursuant to regulations promulgated by the commissioner, and consistent 31 with the public health law, for administering immunizations [to prevent32influenza, pneumococcal, acute herpes zoster, meningococcal, tetanus,33diphtheria or pertussis disease] and vaccines listed in the recommended 34 adult immunization schedule by the Centers for Disease Control and 35 Prevention and medications required for emergency treatment of anaphy- 36 laxis. Nothing in this subdivision shall authorize unlicensed persons 37 to administer immunizations, vaccines or other drugs. 38 § 4. Section 8 of chapter 563 of the laws of 2008, amending the educa- 39 tion law and the public health law relating to immunizing agents to be 40 administered to adults by pharmacists, as amended by section 3 of part 41 DD of chapter 57 of the laws of 2018, is amended to read as follows: 42 § 8. This act shall take effect on the ninetieth day after it shall 43 have become a law [and shall expire and be deemed repealed July 1,442020]. 45 § 5. Section 5 of chapter 116 of the laws of 2012, amending the educa- 46 tion law relating to authorizing a licensed pharmacist and certified 47 nurse practitioner to administer certain immunizing agents, as amended 48 by section 4 of part DD of chapter 57 of the laws of 2018, is amended to 49 read as follows: 50 § 5. This act shall take effect on the ninetieth day after it shall 51 have become a law[, provided, however, that the provisions of sections52one, two and four of this act shall expire and be deemed repealed July531, 2020 provided, that:54(a) the amendments to subdivision 7 of section 6527 of the education55law made by section one of this act shall not affect the repeal of such56subdivision and shall be deemed to be repealed therewith;S. 5227 3 1(b) the amendments to subdivision 7 of section 6909 of the education2law, made by section two of this act shall not affect the repeal of such3subdivision and shall be deemed to be repealed therewith;4(c) the amendments to subdivision 22 of section 6802 of the education5law made by section three of this act shall not affect the repeal of6such subdivision and shall be deemed to be repealed therewith; and7(d) the amendments to section 6801 of the education law made by8section four of this act shall not affect the expiration of such section9and shall be deemed to expire therewith]. 10 § 6. This act shall take effect immediately.