Authorizes the administration of vaccines for hepatitis A, hepatitis B, human papillomavirus, measles, mumps, rubella, varicella and COVID-19 by a licensed pharmacist.
STATE OF NEW YORK
________________________________________________________________________
3023--B
2021-2022 Regular Sessions
IN ASSEMBLY
January 22, 2021
___________
Introduced by M. of A. McDONALD, FAHY, DICKENS, LUPARDO, PICHARDO,
DE LA ROSA, CRUZ, NORRIS, MORINELLO, DeSTEFANO, GOTTFRIED, SIMON,
O'DONNELL, STIRPE, REYES, BLANKENBUSH, BUTTENSCHON, B. MILLER, NIOU,
MIKULIN, JACOBSON, WALLACE, DINOWITZ, SEAWRIGHT, STECK, BRABENEC,
RAMOS, GALLAHAN, DURSO, ENGLEBRIGHT, TAGUE, ANGELINO, DAVILA, LEMONDES
-- Multi-Sponsored by -- M. of A. McDONOUGH -- read once and referred
to the Committee on Higher Education -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to authorizing the admin-
istration of vaccines for hepatitis A, hepatitis B, human papillomavi-
rus, measles, mumps, rubella, varicella and COVID-19 by a licensed
pharmacist and requiring pharmacists who administer immunizations to
report the immunizations to the department of health
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,]immunizing agents to prevent influenza to patients two years of age
9 or older, and for patients eighteen years of age or older, pharmacists
10 may administer immunizing agents to prevent pneumococcal, acute herpes
11 zoster, hepatitis A, hepatitis B, human papillomavirus, measles, mumps,
12 rubella, varicella, meningococcal, tetanus, diphtheria, COVID-19 or
13 pertussis disease and medications required for emergency treatment of
14 anaphylaxis; and for other immunizations recommended by the advisory
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01880-11-1
A. 3023--B 2
1 committee on immunization practices of the centers for disease control
2 and prevention for patients eighteen years of age or older if the
3 commissioner of health in consultation with the commissioner of educa-
4 tion determines that an immunization: (i) (A) may be administered by
5 pharmacists; and (B) is needed to prevent the transmission of a report-
6 able communicable disease that is prevalent in New York state; or (ii)
7 is a recommended vaccination for adults who meet age requirements, lack
8 documentation of vaccination, lack evidence of past infection, or is a
9 recommended vaccination for adults with an additional risk factor or
10 another indication as recommended by the advisory committee on immuniza-
11 tion practices (ACIP) of 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 7 of section 6527 of the education law, as amended by
15 chapter 110 of the laws of 2020, is amended to read as follows:
16 7. A licensed physician may prescribe and order a patient specific
17 order or non-patient specific regimen to a licensed pharmacist, pursuant
18 to regulations promulgated by the commissioner, and consistent with the
19 public health law, for administering [immunizations to prevent influen-
20 za,]immunizing agents to prevent influenza to patients two years of age
21 or older, and for patients eighteen years of age or older, pharmacists
22 may administer immunizing agents to prevent pneumococcal, acute herpes
23 zoster, hepatitis A, hepatitis B, human papillomavirus, measles, mumps,
24 rubella, varicella, meningococcal, tetanus, diphtheria, COVID-19, or
25 pertussis disease and medications required for emergency treatment of
26 anaphylaxis; and for other immunizations recommended by the advisory
27 committee on immunization practices of the centers for disease control
28 and prevention for patients eighteen years of age or older if the
29 commissioner of health in consultation with the commissioner of educa-
30 tion determines that an immunization: (i)(A) may be administered by
31 pharmacists; and (B) is needed to prevent the transmission of a report-
32 able communicable disease that is prevalent in New York state; or
33 (ii) is a recommended vaccination for adults who meet age requirements,
34 lack documentation of vaccination, lack evidence of past infection, or
35 is a recommended vaccination for adults with an additional risk factor
36 or another indication as recommended by the advisory committee on immun-
37 ization practices (ACIP) of the centers for disease control and
38 prevention. Nothing in this subdivision shall authorize unlicensed
39 persons to administer immunizations, vaccines or other drugs.
40 § 3. Paragraph a of subdivision 22 of section 6802 of the education
41 law, as amended by section 2 of part DD of chapter 57 of the laws of
42 2018, is amended to read as follows:
43 a. the direct application of an immunizing agent to adults, whether by
44 injection, ingestion, inhalation or any other means, pursuant to a
45 patient specific order or non-patient specific regimen prescribed or
46 ordered by a physician or certified nurse practitioner, who has a prac-
47 tice site in the county or adjoining county in which the immunization is
48 administered, for immunizations to prevent influenza[,] to patients two
49 years of age or older, and for patients eighteen years of age or older,
50 pharmacists may administer immunizing agents to prevent pneumococcal,
51 acute herpes zoster, hepatitis A, hepatitis B, human papillomavirus,
52 measles, mumps, rubella, varicella, meningococcal, tetanus, diphtheria
53 or pertussis disease and medications required for emergency treatment of
54 anaphylaxis; and for other immunizations recommended by the advisory
55 committee on immunization practices of the centers for disease control
56 and prevention for patients eighteen years of age or older if the
A. 3023--B 3
1 commissioner of health in consultation with the commissioner of educa-
2 tion determines that an immunization: (i)(A) may be administered by
3 pharmacists; and (B) is needed to prevent the transmission of a report-
4 able communicable disease that is prevalent in New York state; or (ii)
5 is a recommended vaccination for adults who meet age requirements, lack
6 documentation of vaccination, lack evidence of past infection, or is a
7 recommended vaccination for adults with an additional risk factor or
8 another indication as recommended by the advisory committee on immuniza-
9 tion practices (ACIP) of the centers for disease control and prevention.
10 If the commissioner of health determines that there is an outbreak of
11 disease, or that there is the imminent threat of an outbreak of disease,
12 then the commissioner of health may issue a non-patient specific regimen
13 applicable statewide.
14 § 4. Paragraph a of subdivision 22 of section 6802 of the education
15 law, as amended by chapter 110 of the laws of 2020, is amended to read
16 as follows:
17 a. the direct application of an immunizing agent to adults, whether by
18 injection, ingestion, inhalation or any other means, pursuant to a
19 patient specific order or non-patient specific regimen prescribed or
20 ordered by a physician or certified nurse practitioner, who has a prac-
21 tice site in the county or adjoining county in which the immunization is
22 administered, for immunizations to prevent influenza[,] to patients two
23 years of age or older, and for patients eighteen years of age or older,
24 pharmacists may administer immunizing agents to prevent pneumococcal,
25 acute herpes zoster, hepatitis A, hepatitis B, human papillomavirus,
26 measles, mumps, rubella, varicella, meningococcal, tetanus, diphtheria,
27 COVID-19, or pertussis disease and medications required for emergency
28 treatment of anaphylaxis; and for other immunizations recommended by the
29 advisory committee on immunization practices of the centers for disease
30 control and prevention for patients eighteen years of age or older if
31 the commissioner of health in consultation with the commissioner of
32 education determines that an immunization: (i) (A) may be administered
33 by pharmacists; and (B) is needed to prevent the transmission of a
34 reportable communicable disease that is prevalent in New York state;
35 or (ii) is a recommended vaccination for adults who meet age require-
36 ments, lack documentation of vaccination, lack evidence of past
37 infection, or is a recommended vaccination for adults with an additional
38 risk factor or another indication as recommended by the advisory commit-
39 tee on immunization practices (ACIP) of the centers for disease control
40 and prevention. If the commissioner of health determines that there is
41 an outbreak of disease, or that there is the imminent threat of an
42 outbreak of disease, then the commissioner of health may issue a non-pa-
43 tient specific regimen applicable statewide.
44 § 5. Subdivision 7 of section 6909 of the education law, as amended by
45 chapter 46 of the laws of 2015, is amended to read as follows:
46 7. A certified nurse practitioner may prescribe and order a patient
47 specific order or non-patient specific regimen to a licensed pharmacist,
48 pursuant to regulations promulgated by the commissioner, and consistent
49 with the public health law, for administering [immunizations to prevent
50 influenza,] immunizing agents to prevent influenza to patients two years
51 of age or older, and for patients eighteen years of age or older, phar-
52 macists may administer immunizing agents to prevent pneumococcal, acute
53 herpes zoster, hepatitis A, hepatitis B, human papillomavirus, measles,
54 mumps, rubella, varicella, meningococcal, tetanus, diphtheria or pertus-
55 sis disease and medications required for emergency treatment of anaphy-
56 laxis; and for other immunizations recommended by the advisory committee
A. 3023--B 4
1 on immunization practices of the centers for disease control and
2 prevention for patients eighteen years of age or older if the commis-
3 sioner of health in consultation with the commissioner of education
4 determines that an immunization: (i) (A) may be administered by phar-
5 macists; and (B) is needed to prevent the transmission of a reportable
6 communicable disease that is prevalent in New York state; or (ii) is
7 a recommended vaccination for adults who meet age requirements, lack
8 documentation of vaccination, lack evidence of past infection, or is a
9 recommended vaccination for adults with an additional risk factor or
10 another indication as recommended by the advisory committee on immuniza-
11 tion practices (ACIP) of 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 § 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,] administering immunizing agents to prevent influenza to
21 patients two years of age or older, and for patients eighteen years of
22 age or older, pharamcists may administer immunizing agents to prevent
23 pneumococcal, acute herpes zoster, hepatitis A, hepatitis B, human
24 papillomavirus, measles, mumps, rubella, varicella, meningococcal, teta-
25 nus, diphtheria, COVID-19, or pertussis disease and medications required
26 for emergency treatment of anaphylaxis; and for other immunizations
27 recommended by the advisory committee on immunization practices of the
28 centers for disease control and prevention for patients eighteen years
29 of age or older if the commissioner of health in consultation with the
30 commissioner of education determines that an immunization: (i) (A) may
31 be administered by pharmacists; and (B) is needed to prevent the trans-
32 mission of a reportable communicable disease that is prevalent in New
33 York state; or (ii) is a recommended vaccination for adults who meet
34 age requirements, lack documentation of vaccination, lack evidence of
35 past infection, or is a recommended vaccination for adults with an addi-
36 tional risk factor or another indication as recommended by the advisory
37 committee on immunization practices (ACIP) of the centers for disease
38 control and prevention. Nothing in this subdivision shall authorize
39 unlicensed persons to administer immunizations, vaccines or other drugs.
40 § 7. A pharmacist who administers an immunization shall report the
41 immunization to the department of health either through the statewide
42 immunization information system or the citywide immunization registry
43 under section 2168 of the public health law, notwithstanding any
44 provision of that section to the contrary.
45 § 8. This act shall take effect immediately; provided, however, that:
46 (a) the amendments to subdivision 7 of section 6527 of the education
47 law made by section two of this act shall take effect on the same date
48 and in the same manner as section 1 of chapter 110 of the laws of 2020,
49 takes effect;
50 (b) the amendments to subdivision 7 of section 6527 of the education
51 law made by this act shall not affect the expiration of such subdivision
52 and shall be deemed to expire therewith;
53 (c) the amendments to subdivision 22 of section 6802 of the education
54 law made by section four of this act shall take effect on the same date
55 and in the same manner as section 2 of chapter 110 of the laws of 2020,
56 takes effect;
A. 3023--B 5
1 (d) the amendments to subdivision 22 of section 6802 of the education
2 law made by this act shall not affect the expiration and repeal of such
3 subdivision and shall be deemed repealed therewith;
4 (e) the amendments to subdivision 7 of section 6909 of the education
5 law made by section six of this act shall take effect on the same date
6 and in the same manner as section 3 of chapter 110 of the laws of 2020,
7 takes effect; and
8 (f) the amendments to subdivision 7 of section 6909 of the education
9 law made by this act shall not affect the expiration of such subdivision
10 and shall be deemed to expire therewith.