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.