STATE OF NEW YORK
________________________________________________________________________
5227
2019-2020 Regular Sessions
IN SENATE
April 17, 2019
___________
Introduced by Sens. MAY, BROOKS -- read twice and ordered printed, and
when printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to pharmacist immuniza-
tions and emergency treatment of anaphylaxis; 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 pharma-
cists, in relation to making certain provisions permanent; and to
amend chapter 116 of the laws of 2012, amending the education law
relating to authorizing a licensed pharmacist and certified nurse
practitioner to administer certain immunizing agents, in relation to
making certain 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 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, pneumococcal, acute herpes zoster, meningococcal, tetanus, diphthe-
9 ria or pertussis disease] and vaccines listed in the recommended adult
10 immunization schedule by the Centers for Disease Control and Prevention
11 and medications required for emergency treatment of anaphylaxis. Noth-
12 ing in this subdivision shall authorize unlicensed persons to administer
13 immunizations, vaccines or other drugs.
14 § 2. Subdivision 22 of section 6802 of the education law, as amended
15 by section 2 of part DD of chapter 57 of the laws of 2018, is amended to
16 read as follows:
17 22. "Administer", for the purpose of section sixty-eight hundred one
18 of this article, means:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07157-05-9
S. 5227 2
1 a. the direct application of an immunizing agent to adults, whether by
2 injection, ingestion, inhalation or any other means, pursuant to a
3 patient specific order or non-patient specific regimen prescribed or
4 ordered by a physician or certified nurse practitioner, [who has a prac-
5 tice site in the county or adjoining county in which the immunization is
6 administered,] for immunizations [to prevent influenza, pneumococcal,
7 acute herpes zoster, meningococcal, tetanus, diphtheria or pertussis
8 disease] and vaccines listed in the recommended adult immunization sche-
9 dule by the Centers for Disease Control and Prevention and medications
10 required for emergency treatment of anaphylaxis. If the commissioner of
11 health determines that there is an outbreak of disease, or that there is
12 the imminent threat of an outbreak of disease, then the commissioner of
13 health may issue a non-patient specific regimen applicable statewide.
14 b. the direct application of an immunizing agent to children between
15 the ages of two and eighteen years of age, whether by injection, inges-
16 tion, inhalation or any other means, pursuant to a patient specific
17 order or non-patient specific regimen prescribed or ordered by a physi-
18 cian or certified nurse practitioner, [who has a practice site in the
19 county or adjoining county in which the immunization is administered,]
20 for immunization to prevent influenza and medications required for emer-
21 gency treatment of anaphylaxis resulting from such immunization. If the
22 commissioner of health determines that there is an outbreak of influen-
23 za, or that there is the imminent threat of an outbreak of influenza,
24 then the commissioner of health may issue a non-patient specific regimen
25 applicable statewide.
26 § 3. Subdivision 7 of section 6909 of the education law, as amended by
27 chapter 46 of the laws of 2015, is amended to read as follows:
28 7. A certified nurse practitioner may prescribe and order a patient
29 specific order or non-patient specific regimen to a licensed pharmacist,
30 pursuant to regulations promulgated by the commissioner, and consistent
31 with the public health law, for administering immunizations [to prevent
32 influenza, pneumococcal, acute herpes zoster, meningococcal, tetanus,
33 diphtheria or pertussis disease] and vaccines listed in the recommended
34 adult immunization schedule by the Centers for Disease Control and
35 Prevention and medications required for emergency treatment of anaphy-
36 laxis. Nothing in this subdivision shall authorize unlicensed persons
37 to administer immunizations, vaccines or other drugs.
38 § 4. Section 8 of chapter 563 of the laws of 2008, amending the educa-
39 tion law and the public health law relating to immunizing agents to be
40 administered to adults by pharmacists, as amended by section 3 of part
41 DD of chapter 57 of the laws of 2018, is amended to read as follows:
42 § 8. This act shall take effect on the ninetieth day after it shall
43 have become a law [and shall expire and be deemed repealed July 1,
44 2020].
45 § 5. Section 5 of chapter 116 of the laws of 2012, amending the educa-
46 tion law relating to authorizing a licensed pharmacist and certified
47 nurse practitioner to administer certain immunizing agents, as amended
48 by section 4 of part DD of chapter 57 of the laws of 2018, is amended to
49 read as follows:
50 § 5. This act shall take effect on the ninetieth day after it shall
51 have become a law[, provided, however, that the provisions of sections
52 one, two and four of this act shall expire and be deemed repealed July
53 1, 2020 provided, that:
54 (a) the amendments to subdivision 7 of section 6527 of the education
55 law made by section one of this act shall not affect the repeal of such
56 subdivision and shall be deemed to be repealed therewith;
S. 5227 3
1 (b) the amendments to subdivision 7 of section 6909 of the education
2 law, made by section two of this act shall not affect the repeal of such
3 subdivision and shall be deemed to be repealed therewith;
4 (c) the amendments to subdivision 22 of section 6802 of the education
5 law made by section three of this act shall not affect the repeal of
6 such subdivision and shall be deemed to be repealed therewith; and
7 (d) the amendments to section 6801 of the education law made by
8 section four of this act shall not affect the expiration of such section
9 and shall be deemed to expire therewith].
10 § 6. This act shall take effect immediately.
