BILL NO A07324
SAME AS No same as
SPONSOR O'Donnell
COSPNSR
MLTSPNSR
Amd SS6527, 6909 & 6802, Ed L
Authorizes a licensed pharmacist and certified nurse practitioner to administer
meningococcal disease immunizing agents.
BILL NUMBER:A7324
TITLE OF BILL: An act to amend the education law, in relation to
authorizing a licensed pharmacist and certified nurse practitioner to
administer meningococcal disease immunizing agents
PURPOSE OR GENERAL IDEA OF BILL:
This bill would make meningitis vaccines more readily available to
those at risk of being infected with a dangerous new strain of
meningitis.
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill would amend subdivision 7 of section 6527 of
the Education Law by adding a new paragraph c to state that a licensed
pharmacist, pursuant to regulations promulgated by the commissioner,
and consistent with the public health law, may administer
immunizations to prevent meningococcal disease.
Section 2 would amend subdivision 7 of section 6909 to add a new
paragraph C to state that a certified nurse practitioner may prescribe
an order and order a non-patient specific order to a licensed
pharmacist, pursuant to regulations promulgated by the commissioner,
and consistent with public health law, for administering immunizations
to prevent meningococcal disease
Section 3 of the bill would amend subdivision 22 of section 6802 of
the Education Law to add meningococcal disease or a patient specific
order or non-patient specific regimen prescribed or ordered by a
physician or certified nurse practitioner for immunization to prevent
meningococcal disease.
JUSTIFICATION:
This legislation would amend the Education Law to allow licensed
pharmacists, who have received additional certification, to administer
meningococcal vaccinations to adults 18 years of age and older.
Providing this additional access point for this vaccine is
particularly important since the New York City Department of Health
and Mental Hygiene (DOHMH) has documented an alarming outbreak of a
unique strain of invasive meningococcal disease, also known as
meningitis, among men who have sex with men (MSM). A March 22, 2013
New York Times article, "City Health Officials Warn Some Men on Lethal
Strain of Meningitis," noted that this strain "is so insidious that it
could suddenly mushroom into a major outbreak, claiming many lives
before anything can be done to stop it."
Meningitis bacteria are spread through the exchange of respiratory and
throat secretions. Fortunately, standard meningococcal vaccines are
effective against this new, strain; New York City Health Commissioner
Dr. Thomas Farley has said, 'Vaccination is the best defense." On
March 6, 2013, the New York City Department of Health and Mental
Hygiene (DOHMH) issued .a recommendation advising all HIV+ MSM and MSM
regardless of HIV status who connect online or meet at a bar or party
in New York City to receive a meningococcal vaccination. On March 25,
the New York State Department of Health expanded an earlier
recommendation regarding meningococcal vaccination to include certain
MSM statewide.
It is critically important to make meningococcal vaccine as accessible
as possible. Vaccination is currently available at many health
clinics, hospitals and private doctors' offices, but there have been
numerous anecdotal reports of at-risk men encountering obstacles
getting vaccinated through those traditional venues.
Since 2008, New York State has allowed licensed and certified
pharmacists to administer adult influenza and pneumonia vaccines. In
light of the potential public health crisis, New York State should
allow licensed and certified pharmacists to administer adult
meningococcal vaccinations as well. Even if only those pharmacists in
communities at the epicenter of the current outbreak were to become
certified and advertise the availability of the vaccine, it would have
a significant impact on containing the spread of this deadly disease.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
Minimal.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
S T A T E O F N E W Y O R K
________________________________________________________________________
7324
2013-2014 Regular Sessions
I N A S S E M B L Y
May 10, 2013
___________
Introduced by M. of A. O'DONNELL -- read once and referred to the
Committee on Higher Education
AN ACT to amend the education law, in relation to authorizing a licensed
pharmacist and certified nurse practitioner to administer meningococ-
cal disease immunizing agents
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 is
2 amended by adding a new paragraph (c) to read as follows:
3 (C) A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A NON-PATIENT SPECIF-
4 IC ORDER TO A LICENSED PHARMACIST, PURSUANT TO REGULATIONS PROMULGATED
5 BY THE COMMISSIONER, AND CONSISTENT WITH THE PUBLIC HEALTH LAW, FOR
6 ADMINISTERING IMMUNIZATIONS TO PREVENT MENINGOCOCCAL DISEASE.
7 S 2. Subdivision 7 of section 6909 of the education law is amended by
8 adding a new paragraph (c) to read as follows:
9 (C) A CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND ORDER A NON-PA-
10 TIENT SPECIFIC ORDER TO A LICENSED PHARMACIST, PURSUANT TO REGULATIONS
11 PROMULGATED BY THE COMMISSIONER, AND CONSISTENT WITH THE PUBLIC HEALTH
12 LAW, FOR ADMINISTERING IMMUNIZATIONS TO PREVENT MENINGOCOCCAL DISEASE.
13 S 3. Subdivision 22 of section 6802 of the education law, as amended
14 by chapter 116 of the laws of 2012, is amended to read as follows:
15 22. "Administer", for the purpose of section sixty-eight hundred one
16 of this article, means the direct application of an immunizing agent to
17 adults, whether by injection, ingestion or any other means, pursuant to
18 a. a patient specific order or non-patient specific regimen prescribed
19 or ordered by a physician or certified nurse practitioner, who has a
20 practice site in the county in which the immunization is administered,
21 for immunizations to prevent influenza or pneumococcal disease and medi-
22 cations required for emergency treatment of anaphylaxis or b. a patient
23 specific order prescribed or ordered by a physician or certified nurse
24 practitioner for immunizations to prevent [acute herpes zoster] MENINGO-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10441-03-3
A. 7324 2
1 COCCAL DISEASE OR C. A PATIENT SPECIFIC ORDER OR NON-PATIENT SPECIFIC
2 REGIMEN PRESCRIBED OR ORDERED BY A PHYSICIAN OR CERTIFIED NURSE PRACTI-
3 TIONER FOR IMMUNIZATIONS TO PREVENT MENINGOCOCCAL DISEASE. If the coun-
4 ty where the immunization is to be administered has a population of
5 seventy-five thousand or less, then the licensed physician or certified
6 nurse practitioner may be in an adjoining county. Such administration
7 shall be limited to immunizing agents to prevent influenza or pneumococ-
8 cal disease and medications required for emergency treatment of anaphy-
9 laxis.
10 S 4. This act shall take effect on the ninetieth day after it shall
11 have become a law; provided, that:
12 (a) the amendments to subdivision 7 of section 6527 of the education
13 law, made by section one of this act shall not affect the expiration and
14 reversion of such subdivision, as provided in section 6 of chapter 116
15 of the laws of 2012, and shall be deemed to expire therewith; and
16 (b) the amendments to subdivision 7 of section 6909 of the education
17 law, made by section two of this act shall not affect the expiration and
18 reversion of such subdivision, as provided in section 6 of chapter 116
19 of the laws of 2012, and shall be deemed to be expire therewith; and
20 (c) the amendments to subdivision 22 of section 6802 of the education
21 law made by section three of this act shall not affect the expiration of
22 such subdivision and shall be deemed to expire therewith.
