NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7711
SPONSOR: Dinowitz TITLE OF BILL:
An act to amend the education law, in relation to the administration of
certain immunizations by a pharmacist or a certified nurse practitioner
PURPOSE:
To ensure as many health care professionals as possible are authorized
to administer the Mpox vaccine.
SUMMARY OF PROVISIONS:
Section one of the bill amends subdivision 7 of
§ 6527 of the education law to add Mpox to the list of diseases for
which a licensed physician may prescribe a patient specific order or
non-patient specific regimen to a licensed pharmacist for administering
immunizations.
Section two of the bill amends paragraph a of subdivision 22 of § 6802
of the education law to add to the definition of "administer" the direct
application of an immunizing agent to adults of Mpox.
Section two-a of the bill amends subparagraph 1 of paragraph a of subdi-
vision 22 of § 6802 of the education law to make conforming changes
within the definition of "administer" related to the enactment of Chap-
ter 802 of the laws of 2022.
Section three of the bill amends subdivision 7 of section 6909 of the
education law to add Mpox to the list of diseases for which a certified
nurse practitioner may prescribe a patient specific order or non-patient
specific regimen to a licensed pharmacist for administering immuniza-
tions.
Section four of the bill provides the effective date.
JUSTIFICATION:
The CDC recently issued warnings to local health authorities that the
risk of a resurgence of mpox is "likely substantial." The CDC's warning
made clear inmpox. vaccination coverage is "probably too low to prevent
outbreaks in most jurisdictions." In New York City, just 45 percent of
those most at risk are fully vaccinated. Mpox, a rare disease caused by
infection with the Mpox virus, can cause painful rash, swollen lymph
nodes, and can lead to very dangerous complications.
The spread of COVID-19 illustrated the terrible consequences that a
global pandemic can have . if there is no available vaccine to guard
against transmission of the virus.Scientists. have developed a safe,
effective vaccine to provide immunity to Mpox. It is crucial for public
health that we authorize as many health care professionals as possible
to administer it and facilitate ease of access to this highly transmis-
sible disease. This bill would authorize licensed pharmacists in New
York to administer a Mpox vaccine to accomplish that goal.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
7711
2023-2024 Regular Sessions
IN ASSEMBLY
June 6, 2023
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the education law, in relation to the administration of
certain immunizations by a pharmacist or a certified nurse practition-
er
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 555 of the laws of 2021, 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: (a) administering immunizations to prevent
8 influenza to patients two years of age or older; and (b) administering
9 immunizations to prevent pneumococcal, acute herpes zoster, hepatitis A,
10 hepatitis B, human papillomavirus, measles, mumps, mpox, rubella, vari-
11 cella, COVID-19, meningococcal, tetanus, diphtheria or pertussis disease
12 and medications required for emergency treatment of anaphylaxis to
13 patients eighteen years of age or older; and (c) administering other
14 immunizations recommended by the advisory committee on immunization
15 practices of the centers for disease control and prevention for patients
16 eighteen years of age or older if the commissioner of health in consul-
17 tation with the commissioner determines that an immunization: (i) (A)
18 may be safely administered by a licensed pharmacist within their lawful
19 scope of practice; and (B) is needed to prevent the transmission of a
20 reportable communicable disease that is prevalent in New York state; or
21 (ii) is a recommended immunization for such patients who: (A) meet age
22 requirements, (B) lack documentation of such immunization, (C) lack
23 evidence of past infection, or (D) have an additional risk factor or
24 another indication as recommended by the advisory committee on immuniza-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11696-01-3
A. 7711 2
1 tion practices of the centers for disease control and prevention. Noth-
2 ing in this subdivision shall authorize unlicensed persons to administer
3 immunizations, vaccines or other drugs.
4 § 2. Paragraph a of subdivision 22 of section 6802 of the education
5 law, as amended by chapter 555 of the laws of 2021, is amended to read
6 as follows:
7 a. the direct application of an immunizing agent to adults, whether by
8 injection, ingestion, inhalation or any other means, pursuant to a
9 patient specific order or non-patient specific regimen prescribed or
10 ordered by a physician or certified nurse practitioner, for: immuniza-
11 tions to prevent influenza, pneumococcal, acute herpes zoster, hepatitis
12 A, hepatitis B, human papillomavirus, measles, mumps, mpox, rubella,
13 varicella, COVID-19, meningococcal, tetanus, diphtheria or pertussis
14 disease and medications required for emergency treatment of anaphylaxis;
15 and other immunizations recommended by the advisory committee on immuni-
16 zation practices of the centers for disease control and prevention for
17 patients eighteen years of age or older if the commissioner of health in
18 consultation with the commissioner determines that an immunization:
19 (i)(A) may be safely administered by a licensed pharmacist within their
20 lawful scope of practice; and (B) is needed to prevent the transmission
21 of a reportable communicable disease that is prevalent in New York
22 state; or (ii) is a recommended immunization for such patients who: (A)
23 meet age requirements, (B) lack documentation of such immunization, (C)
24 lack evidence of past infection, or (D) have an additional risk factor
25 or another indication as recommended by the advisory committee on immun-
26 ization practices of the centers for disease control and prevention. If
27 the commissioner of health determines that there is an outbreak of
28 disease, or that there is the imminent threat of an outbreak of disease,
29 then the commissioner of health may issue a non-patient specific regimen
30 applicable statewide.
31 § 2-a. Subparagraph 1 of paragraph a of subdivision 22 of section 6802
32 of the education law, as amended by chapter 802 of the laws of 2022, is
33 amended to read as follows:
34 (1) the direct application of an immunizing agent to adults, whether
35 by 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, for: immuniza-
38 tions to prevent influenza, pneumococcal, acute herpes zoster, hepatitis
39 A, hepatitis B, human papillomavirus, measles, mumps, mpox, rubella,
40 varicella, COVID-19, meningococcal, tetanus, diphtheria or pertussis
41 disease and medications required for emergency treatment of anaphylaxis;
42 and other immunizations recommended by the advisory committee on immuni-
43 zation practices of the centers for disease control and prevention for
44 patients eighteen years of age or older if the commissioner of health in
45 consultation with the commissioner determines that an immunization:
46 (i)(A) may be safely administered by a licensed pharmacist within their
47 lawful scope of practice; and (B) is needed to prevent the transmission
48 of a reportable communicable disease that is prevalent in New York
49 state; or (ii) is a recommended immunization for such patients who: (A)
50 meet age requirements, (B) lack documentation of such immunization, (C)
51 lack evidence of past infection, or (D) have an additional risk factor
52 or another indication as recommended by the advisory committee on immun-
53 ization practices of the centers for disease control and prevention. If
54 the commissioner of health determines that there is an outbreak of
55 disease, or that there is the imminent threat of an outbreak of disease,
A. 7711 3
1 then the commissioner of health may issue a non-patient specific regimen
2 applicable statewide.
3 § 3. Subdivision 7 of section 6909 of the education law, as amended by
4 chapter 555 of the laws of 2021, 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: (a) administering immunizations to
9 prevent influenza to patients two years of age or older; and (b) admin-
10 istering immunizations to prevent pneumococcal, acute herpes zoster,
11 hepatitis A, hepatitis B, human papillomavirus, measles, mumps, mpox,
12 rubella, varicella, COVID-19, meningococcal, tetanus, diphtheria or
13 pertussis disease and medications required for emergency treatment of
14 anaphylaxis to patients eighteen years of age or older; and (c) adminis-
15 tering other immunizations recommended by the advisory committee on
16 immunization practices of the centers for disease control and prevention
17 for patients eighteen years of age or older if the commissioner of
18 health in consultation with the commissioner determines that an immuni-
19 zation: (i) (A) may be safely administered by a licensed pharmacist
20 within their lawful scope of practice; and (B) is needed to prevent the
21 transmission of a reportable communicable disease that is prevalent in
22 New York state; or (ii) is a recommended immunization for such patients
23 who: (A) meet age requirements, (B) lack documentation of such immuniza-
24 tion, (C) lack evidence of past infection, or (D) have an additional
25 risk factor or another indication as recommended by the advisory commit-
26 tee on immunization practices of the centers for disease control and
27 prevention. Nothing in this subdivision shall authorize unlicensed
28 persons to administer immunizations, vaccines or other drugs.
29 § 4. This act shall take effect immediately; provided that the amend-
30 ments to subdivision 22 of section 6802 of the education law made by
31 section two of this act shall be subject to the expiration of such
32 subdivision when upon such date the provisions of section two-a of this
33 act shall take effect.
