STATE OF NEW YORK
________________________________________________________________________
321--A
2017-2018 Regular Sessions
IN SENATE(Prefiled)
January 4, 2017
___________
Introduced by Sens. ROBACH, ADDABBO, AKSHAR, BONACIC, FUNKE, GALLIVAN,
HELMING, LARKIN, VALESKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education -- recom-
mitted to the Committee on Higher Education in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to pharmacist immuniza-
tions
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, hepatitis A, hepatitis B, meningococ-
9 cal, tetanus, diphtheria or pertussis disease and medications required
10 for emergency treatment of anaphylaxis. Nothing in this subdivision
11 shall authorize unlicensed persons to administer immunizations, vaccines
12 or other drugs.
13 § 2. Subdivision 22 of section 6802 of the education law, as amended
14 by section 2 of part DD of chapter 57 of the laws of 2018, is amended to
15 read as follows:
16 22. "Administer", for the purpose of section sixty-eight hundred one
17 of this article, means:
18 a. the direct application of an immunizing agent to adults, whether by
19 injection, ingestion, inhalation or any other means, pursuant to a
20 patient specific order or non-patient specific regimen prescribed or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03043-02-8
S. 321--A 2
1 ordered by a physician or certified nurse practitioner, who has a prac-
2 tice site in the county or adjoining county in which the immunization is
3 administered, for immunizations to prevent influenza, pneumococcal,
4 acute herpes zoster, hepatitis A, hepatitis B, meningococcal, tetanus,
5 diphtheria or pertussis disease and medications required for emergency
6 treatment of anaphylaxis. If the commissioner of health determines that
7 there is an outbreak of disease, or that there is the imminent threat of
8 an outbreak of disease, then the commissioner of health may issue a
9 non-patient specific regimen applicable statewide.
10 b. the direct application of an immunizing agent to children between
11 the ages of two and eighteen years of age, whether by injection, inges-
12 tion, inhalation or any other means, pursuant to a patient specific
13 order or non-patient specific regimen prescribed or ordered by a physi-
14 cian or certified nurse practitioner, who has a practice site in the
15 county or adjoining county in which the immunization is administered,
16 for immunization to prevent influenza and medications required for emer-
17 gency treatment of anaphylaxis resulting from such immunization. If the
18 commissioner of health determines that there is an outbreak of influen-
19 za, or that there is the imminent threat of an outbreak of influenza,
20 then the commissioner of health may issue a non-patient specific regimen
21 applicable statewide.
22 § 3. Subdivision 7 of section 6909 of the education law, as amended by
23 chapter 46 of the laws of 2015, is amended to read as follows:
24 7. A certified nurse practitioner may prescribe and order a patient
25 specific order or non-patient specific regimen to a licensed pharmacist,
26 pursuant to regulations promulgated by the commissioner, and consistent
27 with the public health law, for administering immunizations to prevent
28 influenza, pneumococcal, acute herpes zoster, hepatitis A, hepatitis B,
29 meningococcal, tetanus, diphtheria or pertussis disease and medications
30 required for emergency treatment of anaphylaxis. Nothing in this subdi-
31 vision shall authorize unlicensed persons to administer immunizations,
32 vaccines or other drugs.
33 § 4. This act shall take effect immediately; provided, however, that:
34 (a) the amendments to subdivision 7 of section 6527 of the education
35 law made by section one of this act shall not affect the expiration of
36 such subdivision and shall be deemed to expire therewith;
37 (b) the amendments to subdivision 22 of section 6802 of the education
38 law made by section two of this act shall not affect the expiration of
39 such subdivision pursuant to section 8 of chapter 563 of the laws of
40 2008, as amended, and shall be deemed repealed therewith; and
41 (c) the amendments to subdivision 7 of section 6909 of the education
42 law, made by section three of this act shall not affect the expiration
43 of such subdivision and shall be deemed to expire therewith.
