Bill Text: NY S08182 | 2019-2020 | General Assembly | Amended
Bill Title: Authorizes licensed pharmacists to administer a vaccine for COVID-19 approved by the United States Food and Drug Administration Center for Biologics Evaulation and Research vaccine product approval process.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Passed) 2020-06-17 - SIGNED CHAP.110 [S08182 Detail]
Download: New_York-2019-S08182-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8182--A IN SENATE April 13, 2020 ___________ Introduced by Sens. HOYLMAN, BENJAMIN, BROOKS, KAPLAN, MONTGOMERY, SEPULVEDA, SKOUFIS -- read twice and ordered printed, and when printed to be committed 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 authorizing licensed pharmacists to administer an approved vaccine for COVID-19; and providing for the repeal of such provisions upon expiration thereof 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 influenza, 8 pneumococcal, acute herpes zoster, meningococcal, tetanus, diphtheria, 9 COVID-19, or pertussis disease and medications required for emergency 10 treatment of anaphylaxis. Nothing in this subdivision shall authorize 11 unlicensed persons to administer immunizations, vaccines or other drugs. 12 § 2. Subdivision 22 of section 6802 of the education law, as amended 13 by section 2 of part DD of chapter 57 of the laws of 2018, is amended to 14 read as follows: 15 22. "Administer", for the purpose of section sixty-eight hundred one 16 of this article, means: 17 a. the direct application of an immunizing agent to adults, whether by 18 injection, ingestion, inhalation or any other means, pursuant to a 19 patient specific order or non-patient specific regimen prescribed or 20 ordered by a physician or certified nurse practitioner, who has a prac- 21 tice site in the county or adjoining county in which the immunization is 22 administered, for immunizations to prevent influenza, pneumococcal, 23 acute herpes zoster, meningococcal, tetanus, diphtheria, COVID-19, or 24 pertussis disease and medications required for emergency treatment of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16067-03-0S. 8182--A 2 1 anaphylaxis. If the commissioner of health determines that there is an 2 outbreak of disease, or that there is the imminent threat of an outbreak 3 of disease, then the commissioner of health may issue a non-patient 4 specific regimen applicable statewide. 5 b. the direct application of an immunizing agent to children between 6 the ages of two and eighteen years of age, whether by injection, inges- 7 tion, inhalation or any other means, pursuant to a patient specific 8 order or non-patient specific regimen prescribed or ordered by a physi- 9 cian or certified nurse practitioner, who has a practice site in the 10 county or adjoining county in which the immunization is administered, 11 for immunization to prevent influenza and medications required for emer- 12 gency treatment of anaphylaxis resulting from such immunization. If the 13 commissioner of health determines that there is an outbreak of influen- 14 za, or that there is the imminent threat of an outbreak of influenza, 15 then the commissioner of health may issue a non-patient specific regimen 16 applicable statewide. 17 § 3. Subdivision 7 of section 6909 of the education law, as amended by 18 chapter 46 of the laws of 2015, is amended to read as follows: 19 7. A certified nurse practitioner may prescribe and order a patient 20 specific order or non-patient specific regimen to a licensed pharmacist, 21 pursuant to regulations promulgated by the commissioner, and consistent 22 with the public health law, for administering immunizations to prevent 23 influenza, pneumococcal, acute herpes zoster, meningococcal, tetanus, 24 diphtheria, COVID-19, or pertussis disease and medications required for 25 emergency treatment of anaphylaxis. Nothing in this subdivision shall 26 authorize unlicensed persons to administer immunizations, vaccines or 27 other drugs. 28 § 4. This act shall take effect no sooner than ninety days from the 29 date of approval of a COVID-19 immunization by the United States Food 30 and Drug Administration's Center for Biologics Evaluation and Research 31 and shall expire and be deemed repealed July 1, 2022; provided further 32 that this act shall not take effect until the commissioner of health and 33 the commissioner of education jointly certify that the administration of 34 such immunization pursuant to this act would be in the best interest of 35 public health; provided that the commissioner of health and the commis- 36 sioner of education shall notify the legislative bill drafting commis- 37 sion upon the occurrence of such certification in order that the commis- 38 sion may maintain an accurate and timely effective data base of the 39 official text of the laws of the state of New York in furtherance of 40 effectuating the provisions of section 44 of the legislative law and 41 section 70-b of the public officers law; provided further, that: 42 (a) the amendments to subdivision 7 of section 6527 of the education 43 law made by section one of this act shall not affect the expiration of 44 such subdivision and shall be deemed to expire therewith; 45 (b) the amendments to subdivision 22 of section 6802 of the education 46 law made by section two of this act shall not affect the repeal of such 47 subdivision pursuant to section 8 of chapter 563 of the laws of 2008, as 48 amended, and shall be deemed repealed therewith; and 49 (c) the amendments to subdivision 7 of section 6909 of the education 50 law, made by section three of this act shall not affect the expiration 51 of such subdivision and shall be deemed to expire therewith.