A03023 Summary:

BILL NOA03023B
 
SAME ASSAME AS S04698-B
 
SPONSORMcDonald
 
COSPNSRFahy, Dickens, Lupardo, Pichardo, De La Rosa, Cruz, Norris, Morinello, DeStefano, Gottfried, Simon, O'Donnell, Stirpe, Reyes, Blankenbush, Buttenschon, Miller B, Niou, Mikulin, Jacobson, Wallace, Dinowitz, Seawright, Steck, Brabenec, Ramos, Gallahan, Durso, Englebright, Tague, Angelino, Davila, Lemondes
 
MLTSPNSRMcDonough
 
Amd §§6527, 6802 & 6909, Ed L
 
Authorizes the administration of vaccines for hepatitis A, hepatitis B, human papillomavirus, measles, mumps, rubella, varicella and COVID-19 by a licensed pharmacist.
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A03023 Actions:

BILL NOA03023B
 
01/22/2021referred to higher education
03/29/2021amend (t) and recommit to higher education
03/29/2021print number 3023a
05/14/2021amend (t) and recommit to higher education
05/14/2021print number 3023b
01/05/2022referred to higher education
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A03023 Committee Votes:

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A03023 Floor Votes:

There are no votes for this bill in this legislative session.
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A03023 Text:



 
                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.
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