Bill Text: NY S00042 | 2021-2022 | General Assembly | Introduced

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Bill Title: Authorizes pharmacists and certified nurse practitioners to provide hepatitis A and hepatitis B immunizations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO HIGHER EDUCATION [S00042 Detail]

Download: New_York-2021-S00042-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           42

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  Sen. HOYLMAN -- 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

          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, hepatitis A, hepatitis B, meningococ-
     9  cal, tetanus, diphtheria or pertussis disease and  medications  required
    10  for  emergency  treatment  of  anaphylaxis.  Nothing in this subdivision
    11  shall authorize unlicensed persons to administer immunizations, vaccines
    12  or other drugs.
    13    § 2.  Subdivision 7 of section 6527 of the education law,  as  amended
    14  by chapter 110 of the laws of 2020, is amended to read as follows:
    15    7.  A  licensed  physician  may prescribe and order a patient specific
    16  order or non-patient specific regimen to a licensed pharmacist, pursuant
    17  to regulations promulgated by the commissioner, and consistent with  the
    18  public health law, for administering immunizations to prevent influenza,
    19  pneumococcal, acute herpes zoster, hepatitis A, hepatitis B, meningococ-
    20  cal, tetanus, diphtheria, COVID-19, or pertussis disease and medications
    21  required  for emergency treatment of anaphylaxis. Nothing in this subdi-
    22  vision shall authorize unlicensed persons to  administer  immunizations,
    23  vaccines or other drugs.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00781-01-1
        S. 42                               2

     1    §  3.  Subdivision 22 of section 6802 of the education law, as amended
     2  by section 2 of part DD of chapter 57 of the laws of 2018, is amended to
     3  read as follows:
     4    22.  "Administer",  for the purpose of section sixty-eight hundred one
     5  of this article, means:
     6    a. the direct application of an immunizing agent to adults, whether by
     7  injection, ingestion, inhalation or  any  other  means,  pursuant  to  a
     8  patient  specific  order  or  non-patient specific regimen prescribed or
     9  ordered by a physician or certified nurse practitioner, who has a  prac-
    10  tice site in the county or adjoining county in which the immunization is
    11  administered,  for  immunizations  to  prevent  influenza, pneumococcal,
    12  acute herpes zoster, hepatitis A, hepatitis B,  meningococcal,  tetanus,
    13  diphtheria  or  pertussis disease and medications required for emergency
    14  treatment of anaphylaxis. If the commissioner of health determines  that
    15  there is an outbreak of disease, or that there is the imminent threat of
    16  an  outbreak  of  disease,  then  the commissioner of health may issue a
    17  non-patient specific regimen applicable statewide.
    18    b. the direct application of an immunizing agent to  children  between
    19  the  ages of two and eighteen years of age, whether by injection, inges-
    20  tion, inhalation or any other means,  pursuant  to  a  patient  specific
    21  order  or non-patient specific regimen prescribed or ordered by a physi-
    22  cian or certified nurse practitioner, who has a  practice  site  in  the
    23  county  or  adjoining  county in which the immunization is administered,
    24  for immunization to prevent influenza and medications required for emer-
    25  gency treatment of anaphylaxis resulting from such immunization. If  the
    26  commissioner  of health determines that there is an outbreak of influen-
    27  za, or that there is the imminent threat of an  outbreak  of  influenza,
    28  then the commissioner of health may issue a non-patient specific regimen
    29  applicable statewide.
    30    §  4.  Subdivision 22 of section 6802 of the education law, as amended
    31  by chapter 110 of the laws of 2020, is amended to read as follows:
    32    22. "Administer", for the purpose of section sixty-eight  hundred  one
    33  of this article, means:
    34    a. the direct application of an immunizing agent to adults, whether by
    35  injection,  ingestion,  inhalation  or  any  other  means, pursuant to a
    36  patient specific order or non-patient  specific  regimen  prescribed  or
    37  ordered  by a physician or certified nurse practitioner, who has a prac-
    38  tice site in the county or adjoining county in which the immunization is
    39  administered, for  immunizations  to  prevent  influenza,  pneumococcal,
    40  acute  herpes  zoster, hepatitis A, hepatitis B, meningococcal, tetanus,
    41  diphtheria, COVID-19, or pertussis disease and medications required  for
    42  emergency treatment of anaphylaxis. If the commissioner of health deter-
    43  mines  that  there is an outbreak of disease, or that there is the immi-
    44  nent threat of an outbreak of disease, then the commissioner  of  health
    45  may issue a non-patient specific regimen applicable statewide.
    46    b.  the  direct application of an immunizing agent to children between
    47  the ages of two and eighteen years of age, whether by injection,  inges-
    48  tion,  inhalation  or  any  other  means, pursuant to a patient specific
    49  order or non-patient specific regimen prescribed or ordered by a  physi-
    50  cian  or  certified  nurse  practitioner, who has a practice site in the
    51  county or adjoining county in which the  immunization  is  administered,
    52  for immunization to prevent influenza and medications required for emer-
    53  gency  treatment of anaphylaxis resulting from such immunization. If the
    54  commissioner of health determines that there is an outbreak of  influen-
    55  za,  or  that  there is the imminent threat of an outbreak of influenza,
        S. 42                               3

     1  then the commissioner of health may issue a non-patient specific regimen
     2  applicable statewide.
     3    § 5. Subdivision 7 of section 6909 of the education law, as amended by
     4  chapter 46 of the laws of 2015, is amended to read as follows:
     5    7.  A  certified  nurse practitioner may prescribe and order a patient
     6  specific order or non-patient specific regimen to a licensed pharmacist,
     7  pursuant to regulations promulgated by the commissioner, and  consistent
     8  with  the  public health law, for administering immunizations to prevent
     9  influenza, pneumococcal, acute herpes zoster, hepatitis A, hepatitis  B,
    10  meningococcal,  tetanus, diphtheria or pertussis disease and medications
    11  required for emergency treatment of anaphylaxis. Nothing in this  subdi-
    12  vision  shall  authorize unlicensed persons to administer immunizations,
    13  vaccines or other drugs.
    14    § 6. Subdivision 7 of section 6909 of the education law, as amended by
    15  chapter 110 of the laws of 2020, is amended to read as follows:
    16    7. A certified nurse practitioner may prescribe and  order  a  patient
    17  specific order or non-patient specific regimen to a licensed pharmacist,
    18  pursuant  to regulations promulgated by the commissioner, and consistent
    19  with the public health law, for administering immunizations  to  prevent
    20  influenza,  pneumococcal, acute herpes zoster, hepatitis A, hepatitis B,
    21  meningococcal, tetanus, diphtheria, COVID-19, or pertussis  disease  and
    22  medications  required for emergency treatment of anaphylaxis. Nothing in
    23  this subdivision shall authorize unlicensed persons to administer immun-
    24  izations, vaccines or other drugs.
    25    § 7. This act shall take effect immediately; provided,  however,  that
    26  sections  two,  four  and  six of this act shall take effect on the same
    27  date and in the same manner as chapter 110 of the  laws  of  2020  takes
    28  effect  and shall expire and be deemed repealed pursuant to section four
    29  of chapter 110 of the laws of 2020; and
    30    (a) the amendments to subdivision 7 of section 6527 of  the  education
    31  law  made  by section one of this act shall not affect the expiration of
    32  such subdivision and shall be deemed to expire therewith;
    33    (b) the amendments to subdivision 22 of section 6802 of the  education
    34  law made by section three of this act shall not affect the expiration of
    35  such  subdivision  pursuant  to  section 8 of chapter 563 of the laws of
    36  2008, as amended, and shall be deemed repealed therewith; and
    37    (c) the amendments to subdivision 7 of section 6909 of  the  education
    38  law, made by section five of this act shall not affect the expiration of
    39  such subdivision and shall be deemed to expire therewith.