Authorizes licensed pharmacists to administer a vaccine for COVID-19 approved by the United States Food and Drug Administration Center for Biologics Evaulation and Research vaccine product approval process.
STATE OF NEW YORK
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8182--A
IN SENATE
April 13, 2020
___________
Introduced by Sens. HOYLMAN, BENJAMIN, BROOKS, KAPLAN, MONTGOMERY,
SEPULVEDA, SKOUFIS -- read twice and ordered printed, and when printed
to be committed to the Committee on Higher Education -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the education law, in relation to authorizing licensed
pharmacists to administer an approved vaccine for COVID-19; and
providing for the repeal of such provisions upon expiration thereof
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 influenza,
8 pneumococcal, acute herpes zoster, meningococcal, tetanus, diphtheria,
9 COVID-19, or pertussis disease and medications required for emergency
10 treatment of anaphylaxis. Nothing in this subdivision shall authorize
11 unlicensed persons to administer immunizations, vaccines or other drugs.
12 § 2. Subdivision 22 of section 6802 of the education law, as amended
13 by section 2 of part DD of chapter 57 of the laws of 2018, is amended to
14 read as follows:
15 22. "Administer", for the purpose of section sixty-eight hundred one
16 of this article, means:
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, pneumococcal,
23 acute herpes zoster, meningococcal, tetanus, diphtheria, COVID-19, or
24 pertussis disease and medications required for emergency treatment of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16067-03-0
S. 8182--A 2
1 anaphylaxis. If the commissioner of health determines that there is an
2 outbreak of disease, or that there is the imminent threat of an outbreak
3 of disease, then the commissioner of health may issue a non-patient
4 specific regimen applicable statewide.
5 b. the direct application of an immunizing agent to children between
6 the ages of two and eighteen years of age, whether by injection, inges-
7 tion, inhalation or any other means, pursuant to a patient specific
8 order or non-patient specific regimen prescribed or ordered by a physi-
9 cian or certified nurse practitioner, who has a practice site in the
10 county or adjoining county in which the immunization is administered,
11 for immunization to prevent influenza and medications required for emer-
12 gency treatment of anaphylaxis resulting from such immunization. If the
13 commissioner of health determines that there is an outbreak of influen-
14 za, or that there is the imminent threat of an outbreak of influenza,
15 then the commissioner of health may issue a non-patient specific regimen
16 applicable statewide.
17 § 3. Subdivision 7 of section 6909 of the education law, as amended by
18 chapter 46 of the laws of 2015, is amended to read as follows:
19 7. A certified nurse practitioner may prescribe and order a patient
20 specific order or non-patient specific regimen to a licensed pharmacist,
21 pursuant to regulations promulgated by the commissioner, and consistent
22 with the public health law, for administering immunizations to prevent
23 influenza, pneumococcal, acute herpes zoster, meningococcal, tetanus,
24 diphtheria, COVID-19, or pertussis disease and medications required for
25 emergency treatment of anaphylaxis. Nothing in this subdivision shall
26 authorize unlicensed persons to administer immunizations, vaccines or
27 other drugs.
28 § 4. This act shall take effect no sooner than ninety days from the
29 date of approval of a COVID-19 immunization by the United States Food
30 and Drug Administration's Center for Biologics Evaluation and Research
31 and shall expire and be deemed repealed July 1, 2022; provided further
32 that this act shall not take effect until the commissioner of health and
33 the commissioner of education jointly certify that the administration of
34 such immunization pursuant to this act would be in the best interest of
35 public health; provided that the commissioner of health and the commis-
36 sioner of education shall notify the legislative bill drafting commis-
37 sion upon the occurrence of such certification in order that the commis-
38 sion may maintain an accurate and timely effective data base of the
39 official text of the laws of the state of New York in furtherance of
40 effectuating the provisions of section 44 of the legislative law and
41 section 70-b of the public officers law; provided further, that:
42 (a) the amendments to subdivision 7 of section 6527 of the education
43 law made by section one of this act shall not affect the expiration of
44 such subdivision and shall be deemed to expire therewith;
45 (b) the amendments to subdivision 22 of section 6802 of the education
46 law made by section two of this act shall not affect the repeal of such
47 subdivision pursuant to section 8 of chapter 563 of the laws of 2008, as
48 amended, and shall be deemed repealed therewith; and
49 (c) the amendments to subdivision 7 of section 6909 of the education
50 law, made by section three of this act shall not affect the expiration
51 of such subdivision and shall be deemed to expire therewith.
