STATE OF NEW YORK
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4848
2019-2020 Regular Sessions
IN SENATE
March 27, 2019
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Introduced by Sen. BRESLIN -- 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 the definition of the
practice of pharmacy
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 22 of section 6802 of the education law, as
2 amended by section 2 of part DD of chapter 57 of the laws of 2018, is
3 amended to read as follows:
4 22. "Administer", for the purpose of section sixty-eight hundred one
5 of this article, means:
6 a. (1) the direct application of an immunizing agent to adults, wheth-
7 er by 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, meningococcal, tetanus, diphtheria or pertussis
13 disease and medications required for emergency treatment of anaphylaxis.
14 If the commissioner of health determines that there is an outbreak of
15 disease, or that there is the imminent threat of an outbreak of disease,
16 then the commissioner of health may issue a non-patient specific regimen
17 applicable statewide.
18 [b.] (2) the direct application of an immunizing agent to children
19 between the ages of two and eighteen years of age, whether by injection,
20 ingestion, 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00670-01-9
S. 4848 2
1 commissioner of health determines that there is an outbreak of influen-
2 za, or that there is the imminent threat of an outbreak of influenza,
3 then the commissioner of health may issue a non-patient specific regimen
4 applicable statewide.
5 b. The injecting of medications for the treatment of mental health and
6 substance use disorder, as prescribed or ordered by a licensed prescri-
7 ber in this state and in accordance with regulations promulgated by the
8 commissioner in consultation with the board of pharmacy.
9 § 2. Section 6801 of the education law is amended by adding a new
10 subdivision 6 to read as follows:
11 6. A licensed pharmacist may administer injectable medications for the
12 treatment of mental health and substance use disorder, as prescribed or
13 ordered by a licensed prescriber in this state and in accordance with
14 regulations promulgated by the commissioner in consultation with the
15 board of pharmacy.
16 § 3. This act shall take effect on the one hundred eightieth day after
17 it shall have become a law; provided, however, that:
18 a. the amendments to subdivision 22 of section 6802 of the education
19 law made by section one of this act shall not affect the repeal of such
20 subdivision and shall be deemed to expire therewith; and
21 b. the amendments to section 6801 of the education law made by section
22 two of this act shall not affect the expiration of such section and
23 shall be deemed to expire therewith. Effective immediately, the addi-
24 tion, amendment and/or repeal of any rule or regulation necessary for
25 the implementation of this act on its effective date are authorized to
26 be made and completed by the commissioner of education on or before such
27 date.