STATE OF NEW YORK
________________________________________________________________________
8661
2017-2018 Regular Sessions
IN ASSEMBLY
September 1, 2017
___________
Introduced by M. of A. McDONALD -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the education law, in relation to the definition of the
practice of pharmacy
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 22 of section 6802 of the education law, as
2 amended by chapter 46 of the laws of 2015, is amended to read as
3 follows:
4 22. "Administer"[, for] means:
5 a. For the purpose of section sixty-eight hundred one of this article,
6 means the direct application of an immunizing agent to adults, whether
7 by injection, ingestion or any other means, pursuant to a patient
8 specific order or non-patient specific regimen prescribed or ordered by
9 a physician or certified nurse practitioner, who has a practice site in
10 the county or adjoining county in which the immunization is adminis-
11 tered, for immunizations to prevent influenza, pneumococcal, acute
12 herpes zoster, meningococcal, tetanus, diphtheria or pertussis disease
13 and medications required for emergency treatment of anaphylaxis. If the
14 commissioner of health determines that there is an outbreak of disease,
15 or that there is the imminent threat of an outbreak of disease, then the
16 commissioner of health may issue a non-patient specific regimen applica-
17 ble statewide.
18 b. The injecting of medications for the treatment of mental health and
19 substance use disorder, as prescribed or ordered by a licensed prescri-
20 ber in this state and in accordance with regulations promulgated by the
21 commissioner in consultation with the board of pharmacy.
22 § 2. Subdivision 22 of section 6802 of the education law, as added by
23 chapter 563 of the laws of 2008, is amended to read as follows:
24 22. "Administer"[, for] means:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13345-01-7
A. 8661 2
1 a. For the purpose of section sixty-eight hundred one of this article,
2 means the direct application of an immunizing agent to adults, whether
3 by injection, ingestion or any other means, pursuant to a patient
4 specific order or non-patient specific regimen prescribed or ordered
5 issued by a physician or certified nurse practitioner who has a practice
6 site in the county in which the immunization is administered. However
7 if the county where the immunization is to be administered has a popu-
8 lation of seventy-five thousand or less, then the licensed physician or
9 certified nurse practitioner may be in an adjoining county. Such admin-
10 istration shall be limited to immunizing agents to prevent influenza or
11 pneumococcal disease and medications required for emergency treatment of
12 anaphylaxis.
13 b. The injecting of medications for the treatment of mental health and
14 substance use disorder, as prescribed or ordered by a licensed prescri-
15 ber in this state and in accordance with regulations promulgated by the
16 commissioner in consultation with the board of pharmacy.
17 § 3. Section 6801 of the education law is amended by adding a new
18 subdivision 6 to read as follows:
19 6. A licensed pharmacist may administer injectable medications for the
20 treatment of mental health and substance use disorder, as prescribed or
21 ordered by a licensed prescriber in this state and in accordance with
22 regulations promulgated by the commissioner in consultation with the
23 board of pharmacy.
24 § 4. This act shall take effect on the one hundred eightieth day after
25 it shall have become a law; provided, however, that:
26 a. effective immediately, the addition, amendment and/or repeal of any
27 rule or regulation necessary for the implementation of this act on its
28 effective date are authorized to be made and completed by the commis-
29 sioner of education on or before such date;
30 b. the amendments to subdivision 22 of section 6802 of the education
31 law made by section one of this act shall not affect the expiration of
32 such subdivision and shall be deemed to be expired therewith, when upon
33 such date the provisions of section two of this act shall take effect;
34 c. the amendments to subdivision 22 of section 6802 of the education
35 law made by section two of this act shall not affect the repeal of such
36 subdivision and shall be deemed to expire therewith; and
37 d. the amendments to section 6801 of the education law made by section
38 three of this act shall not affect the expiration of such section and
39 shall be deemed to expire therewith.
