A00455 Summary:

BILL NOA00455
 
SAME ASSAME AS S00321
 
SPONSORPaulin
 
COSPNSRDinowitz, Schimminger, Crouch, Walter, Fahy, Hevesi, Steck, Weprin, Lupardo
 
MLTSPNSRLupinacci, Magee, Ra, Simon, Thiele, Walker
 
Amd 6527, 6802 & 6909, Ed L; amd 8, Chap 563 of 2008; amd 5, Chap 116 of 2012
 
Relates to pharmacist immunizations; makes certain provisions permanent.
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A00455 Actions:

BILL NOA00455
 
01/09/2017referred to higher education
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A00455 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A455
 
SPONSOR: Paulin (MS)
  TITLE OF BILL: An act to amend the education law, in relation to pharmacist immuniza- tions; to amend chapter 563 of the laws of 2008, amending the education law and the public health law relating to immunizing agents to be admin- istered to adults by pharmacists, 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   PURPOSE: To permit pharmacists to administer immunizations and vaccines listed in the recommended adult immunization schedule by the Centers for Disease Control and Prevention.   SUMMARY OF PROVISIONS: Section one of the bill amends subdivision 7 of section 6527 of the education law to authorize physicians to prescribe and order a patient specific regimen or non-specific patient regimen to a licensed pharma- cist for administering vaccines listed in the recommended adult immuni- zation schedule by the Centers for Disease Control and Prevention, and make the provisions permanent. Section two of the bill amends subdivision 22 of section 6802 of the education law to eliminate The requirement that the prescribing physi- cian of nurse practitioner have a practice site in the county or adjoin- ing county, and allows pharmacists to administer all vaccines and immun- izations listed in the recommended adult immunization schedule by the Centers for Disease Control and Prevention. Section three of the bill amends subdivision 7 of Section 6909 of the education law to authorize certified nurse practitioners to prescribe and order a patient specific order or non-patient specific regiment to a licensed pharmacist for administering immunizations and vaccines listed on the recommended adult immunization schedule by the Centers for Disease Control and Prevention. Section four amends section 8 of Chapter 563 of the laws of 2008 relat- ing to immunizing agents to be administered to adults by pharmacists, by eliminating the expiration and repeal date. Section five amends section 5 of Chapter 116 of the laws of 2012 author- izing a licensed pharmacist and certified nurse practitioner to adminis- ter certain vaccines, by eliminating the expiration and repeal date. Section six provides the effective date.   JUSTIFICATION: Immunizations are the best defense against morbidity and mortality for diseases for which vaccines are available and studies have shown that pharmacist-provided immunizations increase overall immunization rates. Pharmacists in New York have been permitted to give immunizations to adults for influenza and pneumococcal since 2008. Due to the success with these vaccines, the legislature subsequently passed laws to allow pharmacists to administer immunizations to prevent shingles, meningitis, tetanus, diphtheria, and pertussis. This bill will expand their author- ity to permit pharmacists to administer all immunizations and vaccines listed in the recommended adult immunization schedule by the Centers for Disease Control and Prevention. Under these new provisions, a physician or a nurse practitioner will be able to issue a patient-specific prescription or a non-specific patient regimen for a pharmacist to administer these recommended adult vaccines. The bill also eliminates the requirement that the prescribing physician of nurse practitioner have a practice site in the county or adjoining county. Providing this additional access point of pharmacists-as-immunizers will significantly expand the availability of CDC adult recommended vaccines and address two critical issues -- namely the critical shortage of primary-care physicians statewide, particularly in rural areas that make adequate healthcare accessibility difficult, and the fact that many U.S. adults are skipping recommended vaccinations that could protect them from serious or life-threatening diseases. New York is one of only four states that do not allow pharmacists to administer all CDC adult recommended vaccines. The primary way to increase the very low immunization rate among adults is to allow pharma- cists to administer them directly to the public, as provided in this legislation.   LEGISLATIVE HISTORY: A.9529, 2016 referred to higher education. Same as S.7321, 2016 referred to higher education.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become law.
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A00455 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           455
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2017
                                       ___________
 
        Introduced  by  M.  of A. PAULIN, DINOWITZ, SCHIMMINGER, CROUCH, WALTER,
          FAHY, HEVESI, STECK, WEPRIN, LUPARDO -- Multi-Sponsored by -- M. of A.
          LUPINACCI, MAGEE, RA, SIMON, THIELE, WALKER -- read once and  referred
          to the Committee on Higher Education
 
        AN  ACT  to amend the education law, in relation to pharmacist immuniza-
          tions; to amend chapter 563 of the laws of 2008, amending  the  educa-
          tion law and the public health law relating to immunizing agents to be
          administered  to  adults by pharmacists, 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 pharma-
          cist 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 medications required for emergency treat-
    10  ment of anaphylaxis]  and  vaccines  listed  in  the  recommended  adult
    11  immunization schedule by the Centers for Disease Control and Prevention.
    12  Nothing in this subdivision shall authorize unlicensed persons to admin-
    13  ister immunizations, vaccines or other drugs.
    14    §  2.  Subdivision 22 of section 6802 of the education law, as amended
    15  by chapter 46 of the laws of 2015, is amended to read as follows:
    16    22. "Administer", for the purpose of section sixty-eight  hundred  one
    17  of  this article, means the direct application of an immunizing agent to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03043-01-7

        A. 455                              2
 
     1  adults, whether by injection, ingestion or any other means, pursuant  to
     2  a  patient  specific order or non-patient specific regimen prescribed or
     3  ordered by a physician or certified nurse practitioner, [who has a prac-
     4  tice site in the county or adjoining county in which the immunization is
     5  administered,]  for  immunizations  [to prevent influenza, pneumococcal,
     6  acute herpes zoster, meningococcal,  tetanus,  diphtheria  or  pertussis
     7  disease and medications required for emergency treatment of anaphylaxis]
     8  and  vaccines  listed  in the recommended adult immunization schedule by
     9  the Centers for Disease Control and Prevention.  If the commissioner  of
    10  health determines that there is an outbreak of disease, or that there is
    11  the  imminent threat of an outbreak of disease, then the commissioner of
    12  health may issue a non-patient specific regimen applicable statewide.
    13    § 3. Subdivision 7 of section 6909 of the education law, as amended by
    14  chapter 46 of the laws of 2015, is amended to read as follows:
    15    7. A certified nurse practitioner may prescribe and  order  a  patient
    16  specific order or non-patient specific regimen to a licensed pharmacist,
    17  pursuant  to regulations promulgated by the commissioner, and consistent
    18  with the public health law, for administering immunizations [to  prevent
    19  influenza,  pneumococcal,  acute  herpes zoster, meningococcal, tetanus,
    20  diphtheria or pertussis disease and medications required  for  emergency
    21  treatment  of  anaphylaxis] and vaccines listed in the recommended adult
    22  immunization schedule by the Centers for Disease Control and Prevention.
    23  Nothing in this subdivision shall authorize unlicensed persons to admin-
    24  ister immunizations, vaccines or other drugs.
    25    § 4. Section 8 of chapter 563 of the laws of 2008, amending the educa-
    26  tion law and the public health law relating to immunizing agents  to  be
    27  administered  to  adults by pharmacists, as amended by chapter 46 of the
    28  laws of 2015, is amended to read as follows:
    29    § 8. This act shall take effect on the ninetieth day  after  it  shall
    30  have  become  a  law  [and  shall  expire and be deemed repealed July 1,
    31  2019].
    32    § 5. Section 5 of chapter 116 of the laws of 2012, amending the educa-
    33  tion law relating to authorizing a  licensed  pharmacist  and  certified
    34  nurse  practitioner  to administer certain immunizing agents, as amended
    35  by chapter 46 of the laws of 2015, is amended to read as follows:
    36    § 5. This act shall take effect on the ninetieth day  after  it  shall
    37  have  become a law [and shall expire and be deemed repealed July 1, 2019
    38  provided, that:
    39    (a) the amendments to subdivision 7 of section 6527 of  the  education
    40  law  made by section one of this act shall not affect the repeal of such
    41  subdivision and shall be deemed to be repealed therewith;
    42    (b) the amendments to subdivision 7 of section 6909 of  the  education
    43  law, made by section two of this act shall not affect the repeal of such
    44  subdivision and shall be deemed to be repealed therewith;
    45    (c)  the amendments to subdivision 22 of section 6802 of the education
    46  law made by section three of this act shall not  affect  the  repeal  of
    47  such subdivision and shall be deemed to be repealed therewith; and
    48    (d)  the  amendments  to  section  6801  of  the education law made by
    49  section four of this act shall not affect the expiration of such section
    50  and shall be deemed to expire therewith].
    51    § 6. This act shall take effect immediately.
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