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S04807 Summary:

S04807 Actions:

S04807 Committee Votes:

S04807 Floor Votes:

S04807 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4807--A
            Cal. No. 1136
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    February 12, 2021
                                       ___________
 
        Introduced  by Sens. STAVISKY, ADDABBO, BENJAMIN, BOYLE, BROOKS, COMRIE,
          COONEY, GALLIVAN,  GOUNARDES,  HINCHEY,  HOYLMAN,  JACKSON,  KAMINSKY,
          PARKER,  REICHLIN-MELNICK,  SALAZAR, SKOUFIS -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Health
          --  committee  discharged  and said bill committed to the Committee on
          Higher Education -- reported favorably from said committee, ordered to
          first and second report, amended on second report, ordered to a  third
          reading,  and  to  be reprinted as amended, retaining its place in the
          order of third reading
 
        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;  and  to  amend
          chapter  563  of  the laws of 2008, amending the education law and the
          public health law relating to immunizing agents to be administered  to
          adults  by  pharmacists, chapter 116 of the laws of 2012, amending the
          education law relating to authorizing a licensed pharmacist and certi-
          fied nurse practitioner to administer certain immunizing agents, chap-
          ter 274 of the laws of 2013, amending the education  law  relating  to
          authorizing  a licensed pharmacist and certified nurse practitioner to
          administer meningococcal disease immunizing agents, and chapter 110 of
          the laws of 2020, amending the education law relating  to  authorizing
          licensed  pharmacists  to administer an approved vaccine for COVID-19,
          in relation to making such 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 110 of the laws  of  2020,  is  amended  to  read  as
     3  follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09371-08-1
        S. 4807--A                          2
 
     1    7.  A  licensed  physician  may prescribe and order a patient specific
     2  order or non-patient specific regimen to a licensed pharmacist, pursuant
     3  to regulations promulgated by the commissioner, and consistent with  the
     4  public  health  law,  for:  (a)  administering  immunizations to prevent
     5  influenza[,]  to patients two years of age or older; and (b) administer-
     6  ing immunizations to prevent pneumococcal, acute herpes zoster,  hepati-
     7  tis A, hepatitis B, human papillomavirus, measles, mumps, rubella, vari-
     8  cella,  COVID-19,  meningococcal,  tetanus,  diphtheria[,  COVID-19,] or
     9  pertussis disease and medications required for  emergency  treatment  of
    10  anaphylaxis to patients eighteen years of age or older; and (c) adminis-
    11  tering  other  immunizations  recommended  by  the advisory committee on
    12  immunization practices of the centers for disease control and prevention
    13  for patients eighteen years of age  or  older  if  the  commissioner  of
    14  health  in consultation with the commissioner determines that an immuni-
    15  zation:  (i) (A) may be safely administered  by  a  licensed  pharmacist
    16  within  their lawful scope of practice; and (B) is needed to prevent the
    17  transmission of a reportable communicable disease that is  prevalent  in
    18  New  York state; or (ii) is a recommended immunization for such patients
    19  who: (A) meet age requirements, (B) lack documentation of such immuniza-
    20  tion, (C) lack evidence of past infection, or  (D)  have  an  additional
    21  risk factor or another indication as recommended by the advisory commit-
    22  tee  on  immunization  practices  of the centers for disease control and
    23  prevention.   Nothing in this  subdivision  shall  authorize  unlicensed
    24  persons to administer immunizations, vaccines or other drugs.
    25    §  2.  Subdivision 22 of section 6802 of the education law, as amended
    26  by chapter 110 of the laws of 2020, is amended to read as follows:
    27    22. "Administer", for the purpose of section sixty-eight  hundred  one
    28  of this article, means:
    29    a. the direct application of an immunizing agent to adults, whether by
    30  injection,  ingestion,  inhalation  or  any  other  means, pursuant to a
    31  patient specific order or non-patient  specific  regimen  prescribed  or
    32  ordered by a physician or certified nurse practitioner, [who has a prac-
    33  tice site in the county or adjoining county in which the immunization is
    34  administered,]  for:  immunizations  to prevent influenza, pneumococcal,
    35  acute herpes zoster, hepatitis A,  hepatitis  B,  human  papillomavirus,
    36  measles,  mumps,  rubella,  varicella, COVID-19, meningococcal, tetanus,
    37  diphtheria[, COVID-19,] or pertussis disease  and  medications  required
    38  for  emergency  treatment of anaphylaxis; and other immunizations recom-
    39  mended by the  advisory  committee  on  immunization  practices  of  the
    40  centers  for  disease control and prevention for patients eighteen years
    41  of age or older if the commissioner of health in consultation  with  the
    42  commissioner  determines  that  an  immunization:  (i)(A)  may be safely
    43  administered by a licensed pharmacist within their lawful scope of prac-
    44  tice; and (B) is needed to prevent  the  transmission  of  a  reportable
    45  communicable  disease  that is prevalent in New York state; or (ii) is a
    46  recommended immunization for such patients who: (A)  meet  age  require-
    47  ments, (B) lack documentation of such immunization, (C) lack evidence of
    48  past  infection,  or (D) have an additional risk factor or another indi-
    49  cation as recommended by the advisory committee  on  immunization  prac-
    50  tices of the centers for disease control and prevention.  If the commis-
    51  sioner  of  health  determines  that there is an outbreak of disease, or
    52  that there is the imminent threat of an outbreak of  disease,  then  the
    53  commissioner of health may issue a non-patient specific regimen applica-
    54  ble statewide.
    55    b.  the  direct application of an immunizing agent to children between
    56  the ages of two and eighteen years of age, whether by injection,  inges-
        S. 4807--A                          3
 
     1  tion,  inhalation  or  any  other  means, pursuant to a patient specific
     2  order or non-patient specific regimen prescribed or ordered by a  physi-
     3  cian  or  certified  nurse practitioner, [who has a practice site in the
     4  county  or  adjoining county in which the immunization is administered,]
     5  for immunization to prevent influenza and medications required for emer-
     6  gency treatment of anaphylaxis resulting from such immunization. If  the
     7  commissioner  of health determines that there is an outbreak of influen-
     8  za, or that there is the imminent threat of an  outbreak  of  influenza,
     9  then the commissioner of health may issue a non-patient specific regimen
    10  applicable statewide.
    11    § 3. Subdivision 7 of section 6909 of the education law, as amended by
    12  chapter 110 of the laws of 2020, is amended to read as follows:
    13    7.  A  certified  nurse practitioner may prescribe and order a patient
    14  specific order or non-patient specific regimen to a licensed pharmacist,
    15  pursuant to regulations promulgated by the commissioner, and  consistent
    16  with  the  public  health  law,  for: (a) administering immunizations to
    17  prevent influenza[,] to patients two years of  age  or  older;  and  (b)
    18  administering  immunizations to prevent pneumococcal, acute herpes zost-
    19  er, hepatitis A, hepatitis  B,  human  papillomavirus,  measles,  mumps,
    20  rubella,   varicella,  COVID-19,  meningococcal,  tetanus,  diphtheria[,
    21  COVID-19,] or pertussis disease and medications required  for  emergency
    22  treatment of anaphylaxis to patients eighteen years of age or older; and
    23  (c)  administering  other  immunizations  recommended  by  the  advisory
    24  committee on immunization practices of the centers for  disease  control
    25  and  prevention  for  patients  eighteen  years  of  age or older if the
    26  commissioner of health in consultation with the commissioner  determines
    27  that  an immunization:  (i) (A) may be safely administered by a licensed
    28  pharmacist within their lawful scope of practice; and (B) is  needed  to
    29  prevent  the  transmission  of a reportable communicable disease that is
    30  prevalent in  New  York  state; or (ii) is  a  recommended  immunization
    31  for such patients who: (A) meet age requirements, (B) lack documentation
    32  of  such  immunization, (C) lack evidence of past infection, or (D) have
    33  an additional risk factor or another indication as  recommended  by  the
    34  advisory  committee on immunization practices of the centers for disease
    35  control and prevention.   Nothing in this  subdivision  shall  authorize
    36  unlicensed persons to administer immunizations, vaccines or other drugs.
    37    § 4. A licensed pharmacist who administers an immunization pursuant to
    38  this  act  shall  report  the  immunization  to the department of health
    39  either through the statewide  immunization  information  system  or  the
    40  citywide  immunization  registry under section 2168 of the public health
    41  law, notwithstanding any provision of that section to the contrary.
    42    § 5. Section 8 of chapter 563 of the laws of 2008, amending the educa-
    43  tion law and the public health law relating to immunizing agents  to  be
    44  administered  to adults by pharmacists, as amended by section 18 of part
    45  BB of chapter 56 of the laws of 2020, is amended to read as follows:
    46    § 8. This act shall take effect on the ninetieth day  after  it  shall
    47  have  become  a  law  [and  shall  expire and be deemed repealed July 1,
    48  2022].
    49    § 6. Section 5 of chapter 116 of the laws of 2012, amending the educa-
    50  tion law relating to authorizing a  licensed  pharmacist  and  certified
    51  nurse  practitioner  to administer certain immunizing agents, as amended
    52  by section 19 of part BB of chapter 56 of the laws of 2020,  is  amended
    53  to read as follows:
    54    §  5.  This  act shall take effect on the ninetieth day after it shall
    55  have become a law[, provided, however, that the provisions  of  sections
        S. 4807--A                          4

     1  one,  two  and four of this act shall expire and be deemed repealed July
     2  1, 2022 provided, that:
     3    (a)  the  amendments to subdivision 7 of section 6527 of the education
     4  law made by section one of this act shall not affect the repeal of  such
     5  subdivision and shall be deemed to be repealed therewith;
     6    (b)  the  amendments to subdivision 7 of section 6909 of the education
     7  law, made by section two of this act shall not affect the repeal of such
     8  subdivision and shall be deemed to be repealed therewith;
     9    (c) the amendments to subdivision 22 of section 6802 of the  education
    10  law  made  by  section  three of this act shall not affect the repeal of
    11  such subdivision and shall be deemed to be repealed therewith; and
    12    (d) the amendments to section  6801  of  the  education  law  made  by
    13  section four of this act shall not affect the expiration of such section
    14  and shall be deemed to expire therewith].
    15    § 7. Section 4 of chapter 274 of the laws of 2013, amending the educa-
    16  tion  law  relating  to  authorizing a licensed pharmacist and certified
    17  nurse  practitioner  to  administer  meningococcal  disease   immunizing
    18  agents, is amended to read as follows:
    19    §  4.  This  act shall take effect on the ninetieth day after it shall
    20  have become a law[; provided, that:
    21    (a) the amendments to subdivision 7 of section 6527 of  the  education
    22  law, made by section one of this act shall not affect the expiration and
    23  reversion  of  such subdivision, as provided in section 6 of chapter 116
    24  of the laws of 2012, and shall be deemed to expire therewith; and
    25    (b) the amendments to subdivision 7 of section 6909 of  the  education
    26  law, made by section two of this act shall not affect the expiration and
    27  reversion  of  such subdivision, as provided in section 6 of chapter 116
    28  of the laws of 2012, and shall be deemed to be expire therewith; and
    29    (c) the amendments to subdivision 22 of section 6802 of the  education
    30  law made by section three of this act shall not affect the expiration of
    31  such subdivision and shall be deemed to expire therewith].
    32    § 8. Section 4 of chapter 110 of the laws of 2020, amending the educa-
    33  tion  law  relating to authorizing licensed pharmacists to administer an
    34  approved vaccine for COVID-19, is amended to read as follows:
    35    § 4. This act shall take effect no sooner than ninety  days  from  the
    36  date  of  approval  of a COVID-19 immunization by the United States Food
    37  and Drug Administration's Center for Biologics Evaluation  and  Research
    38  [and shall expire and be deemed repealed July 1, 2022]; provided further
    39  that this act shall not take effect until the commissioner of health and
    40  the commissioner of education jointly certify that the administration of
    41  such  immunization pursuant to this act would be in the best interest of
    42  public health; provided that the commissioner of health and the  commis-
    43  sioner  of  education shall notify the legislative bill drafting commis-
    44  sion upon the occurrence of such certification in order that the commis-
    45  sion may maintain an accurate and timely  effective  data  base  of  the
    46  official  text  of  the  laws of the state of New York in furtherance of
    47  effectuating the provisions of section 44 of  the  legislative  law  and
    48  section 70-b of the public officers law[; provided further, that:
    49    (a)  the  amendments to subdivision 7 of section 6527 of the education
    50  law made by section one of this act shall not affect the  expiration  of
    51  such subdivision and shall be deemed to expire therewith;
    52    (b)  the amendments to subdivision 22 of section 6802 of the education
    53  law made by section two of this act shall not affect the repeal of  such
    54  subdivision pursuant to section 8 of chapter 563 of the laws of 2008, as
    55  amended, and shall be deemed repealed therewith; and
        S. 4807--A                          5

     1    (c)  the  amendments to subdivision 7 of section 6909 of the education
     2  law, made by section three of this act shall not affect  the  expiration
     3  of such subdivision and shall be deemed to expire therewith].
     4    §  9.  This  act shall take effect on the ninetieth day after it shall
     5  have become a law.