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 2-0)

Status: (Introduced) 2019-04-17 - 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-
     8  za,  pneumococcal, acute herpes zoster, meningococcal, tetanus, diphthe-
     9  ria 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.
                                                                   LBD07157-05-9

        S. 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-
     5  tice site in the county or adjoining county in which the immunization is
     6  administered,]  for  immunizations  [to prevent influenza, pneumococcal,
     7  acute herpes zoster, meningococcal,  tetanus,  diphtheria  or  pertussis
     8  disease] 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 the
    19  county 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  prevent
    32  influenza,  pneumococcal,  acute  herpes zoster, meningococcal, tetanus,
    33  diphtheria 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,
    44  2020].
    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 sections
    52  one, two and four of this act shall expire and be deemed  repealed  July
    53  1, 2020 provided, that:
    54    (a)  the  amendments to subdivision 7 of section 6527 of the education
    55  law made by section one of this act shall not affect the repeal of  such
    56  subdivision and shall be deemed to be repealed therewith;

        S. 5227                             3

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     3  subdivision and shall be deemed to be repealed therewith;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     6  such subdivision and shall be deemed to be repealed therewith; and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