New York State Assembly

 
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A06779 Summary:

A06779 Actions:

A06779 Committee Votes:

Committee:HIGHER EDUCATION   Chair:Fahy      
DATE:05/23/2023AYE/NAY:25/0  Action: Favorable refer to committee Rules        
Fahy
Aye
Smullen
Aye
Lupardo
Aye
Smith
Aye
Stirpe
Aye
Fitzpatrick
Aye
Simon
Aye
Reilly
Aye
McDonald
Aye
Gandolfo
Aye
Bichotte Hermel
Aye
Miller
Aye
Hyndman
Aye
Flood
Aye
Epstein
Aye
Gray
Aye
McMahon
Aye
Buttenschon
Aye
Clark
Aye
Forrest
Aye
Chandler-Waterm
Aye
Joyner
Aye
Seawright
Aye
Wallace
Aye
Burgos
Excused
Eachus
Aye

Committee:RULES   Chair:Pretlow      
DATE:05/30/2023AYE/NAY:29/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye
Hyndman
Aye
Rozic
Excused
Bronson
Aye

A06779 Floor Votes:

A06779 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6779--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 8, 2023
                                       ___________
 
        Introduced by M. of A. McDONALD -- read once and referred to the Commit-
          tee 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 the administration of
          certain medications by a pharmacist; and to amend chapter 802  of  the
          laws  of 2022 amending the education law relating to the definition of
          the practice of pharmacy, in relation to the effectiveness thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The opening paragraph, subparagraph 1 and subparagraph 3 of
     2  paragraph  b  of subdivision 22 of section 6802 of the education law, as
     3  amended by chapter 5 of the  laws  of  2023,  are  amended  to  read  as
     4  follows:
     5    The  injection of medications [into the deltoid muscle] for the treat-
     6  ment of mental health and  substance  use  disorder,  as  prescribed  or
     7  ordered by a licensed prescriber, acting within the scope of their prac-
     8  tice in this state and in accordance with regulations promulgated by the
     9  commissioner,  in  consultation  with  the  department of health and any
    10  other state agencies as necessary, provided that:
    11    (1) Such administration is conducted pursuant to a valid  patient-spe-
    12  cific  prescription  or patient-specific order that authorizes a pharma-
    13  cist to administer medications approved by the U.S. Food and Drug Admin-
    14  istration for the treatment of mental health and substance use  disorder
    15  [and  the]. The pharmacist [notifies] shall notify the licensed prescri-
    16  ber that the administration is  complete  within  five  days  and  shall
    17  convey  such  information  to  the prescriber by making an entry into an
    18  interoperable electronic medical records system, an electronic prescrib-
    19  ing technology or a pharmacy record, or by using  facsimile,  electronic
    20  transmission or other electronic means. If an electronic means described
    21  in  this  subparagraph is not available to the pharmacist at the time of
    22  communication, the pharmacist or pharmacist's designee  may  communicate
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10677-07-3
        A. 6779--A                          2
 
     1  the  information  by telephone. Notification shall also be required if a
     2  patient does not receive an administration or if the patient experiences
     3  any side effects or adverse reactions to the medications. Administration
     4  in  a  pharmacy  [may]  shall  not  commence until after the patient has
     5  received the initial injection and is considered  eligible  for  mainte-
     6  nance treatment by the licensed prescriber.
     7    (3) Such activity is conducted in accordance with regulations, promul-
     8  gated  or  adopted by the commissioner, in consultation with the depart-
     9  ment of health and any other state agencies, as necessary,  which  shall
    10  include requirements for the following:
    11    (i)  [Training  accredited  by  the accreditation council for pharmacy
    12  education, that may include  educational  experiences  obtained  through
    13  pharmacy school curricula, or a similar health authority or professional
    14  body  appropriate  for  the  medications  being  administered  and their
    15  respective patient populations. Such training must  be  satisfactory  to
    16  the  commissioner and the department of health, in consultation with the
    17  board of pharmacy and any other  state  agencies,  as  necessary,  which
    18  shall  include, but not be limited to learning modules on techniques for
    19  administration by injections, indications, precautions, and  contraindi-
    20  cations  in  the use of agent or agents; record keeping and information;
    21  and  handling  emergencies,  including  anaphylaxis,  needle-sticks  and
    22  cardiopulmonary resuscitation.
    23    (ii)]  Maintaining  continued  competency  regarding  the  populations
    24  served and medications administered.
    25    [(iii)] (ii) Pre-administration patient consent and education  regard-
    26  ing common side effects, drug interactions, injection site reactions and
    27  other  information  routinely provided to patients upon dispensing. If a
    28  patient is unable to provide consent, the pharmacist must obtain consent
    29  from a person legally responsible when the  recipient  is  incapable  of
    30  consenting.
    31    [(iv)]  (iii) When administering an injection in a pharmacy, the phar-
    32  macist shall provide an area for the injection  that  provides  for  the
    33  patient's privacy.
    34    [(v) Record keeping and reporting of such administration by electronic
    35  transmission  or facsimile to the patient's licensed prescriber, and, to
    36  the extent practicable, make himself or herself available to discuss the
    37  outcome of such injection, including any  adverse  reactions,  with  the
    38  licensed prescriber acting within their scope of practice.
    39    (vi)]  (iv)  Ensuring  that  only  U.S.  Food  and Drug Administration
    40  approved medications are administered.
    41    § 2. Subdivisions 3 and 8 of section 6801 of the education law, subdi-
    42  vision 3 as added by chapter 563 of the laws of 2008, and subdivision  8
    43  as  added  by  chapter  802  of the laws of 2022, are amended to read as
    44  follows:
    45    3. No pharmacist shall  administer  immunizing  agents  or  injectable
    46  medications  for the treatment of mental health and substance use disor-
    47  der without receiving training satisfactory to the commissioner and  the
    48  commissioner of health which shall include, but not be limited to, tech-
    49  niques  for  screening individuals and obtaining informed consent; tech-
    50  niques of administration; indications, precautions and contraindications
    51  in the use of agent or agents; record keeping of immunization and infor-
    52  mation; and handling emergencies,  including  anaphylaxis  and  needles-
    53  ticks.
    54    8.  A  licensed  pharmacist  within their lawful scope of practice may
    55  administer injectable medications [into the deltoid muscle] and  medica-
    56  tions  required  for  emergency treatment of anaphylaxis related to such
        A. 6779--A                          3
 
     1  administration, pursuant to section six thousand eight  hundred  two  of
     2  this  article,  for  the  treatment  of  mental health and substance use
     3  disorder, as prescribed or ordered  by  a  licensed  prescriber,  acting
     4  within  their  scope  of  practice  in this state and in accordance with
     5  regulations, including but not limited to regulations promulgated by the
     6  commissioner in consultation with any other state  agencies,  as  neces-
     7  sary.
     8    §  3. Section 3 of chapter 802 of the laws of 2022 amending the educa-
     9  tion law relating to the definition of  the  practice  of  pharmacy,  is
    10  amended to read as follows:
    11    § 3. This act shall take effect [one year after it shall have become a
    12  law]  April  1,  2024.    Effective immediately, the addition, amendment
    13  and/or repeal of any rule or regulation necessary for the implementation
    14  of this act on its effective  date  are  authorized    to  be  made  and
    15  completed by the commissioner of education on or before such date.
    16    §  4.  This  act shall take effect immediately; provided however, that
    17  the amendments to sections 6801 and 6802 of the education  law  made  by
    18  sections  one and two of this act shall take effect on the same date and
    19  in the same manner as chapter 802 of the laws  of  2022,  takes  effect.
    20  Effective immediately, the addition, amendment and/or repeal of any rule
    21  or regulation necessary for the implementation of this act on its effec-
    22  tive  date  are  authorized  to  be made and completed on or before such
    23  date.