BORRELLO, BRESLIN, MAY, ROLISON, SALAZAR, SEPULVEDA, WEBB, WEIK
MLTSPNSR
Amd §6801, Ed L
Provides for the initiation of treatment for COVID-19, influenza, and pharyngitis resulting from a Group A streptococcal infection by a licensed pharmacist in certain circumstances.
STATE OF NEW YORK
________________________________________________________________________
7839
2023-2024 Regular Sessions
IN SENATE
December 27, 2023
___________
Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the education law, in relation to the definition of
practice of pharmacy; and providing for the repeal of such provisions
upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 6801 of the education law is amended by adding a
2 new subdivision 7-a to read as follows:
3 7-a. (a) A licensed pharmacist may initiate treatment for COVID-19,
4 influenza, and pharyngitis resulting from a Group A streptococcal
5 infection upon a positive test result conducted pursuant to subdivision
6 seven of this section. Such treatment shall be provided pursuant to a
7 statewide protocol developed by the department of health. Such protocol
8 shall address issues including but not limited to patient safety, record
9 keeping, referral for treatment and continuity of care, case reporting
10 to the patient's primary care or other health care providers. The proto-
11 col shall also include procedures for appropriate referrals for any
12 patient that requires additional treatment or experiences an adverse
13 reaction to the treatment authorized pursuant to this subdivision.
14 (b) A pharmacist initiating treatment under this protocol shall at a
15 minimum: (i) inquire of each patient whether he or she has a primary
16 care provider or other health care provider that the patient regularly
17 sees; and (ii) maintain and regularly update a list of local primary
18 care providers including those located in the applicable zip code area
19 and adjacent zip code areas of the pharmacy. This list shall be provided
20 to each patient who indicates that he or she does not have a primary
21 care provider.
22 (c) The department of health shall produce, maintain, and periodically
23 update a list of primary care providers on its website, in searchable
24 form that shall include relevant zip codes of the providers. The list
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13878-01-3
S. 7839 2
1 developed by the department of health shall identify preferred providers
2 who have achieved recognition as a patient centered medical home (PCMH)
3 or other similar designation and a description of what such designation
4 means. The list shall include federally qualified health centers and
5 other providers who serve Medicaid, low-income and uninsured patients,
6 and people with disabilities and shall identify cultural and linguistic
7 capabilities when available.
8 (d) A pharmacist shall retain a record of the test result and treat-
9 ment as part of the patient record and shall at a minimum provide a
10 report of the test result and treatment to the patient's designated
11 physician, physician's assistant or nurse practitioner, unless otherwise
12 directed by the patient.
13 § 2. This act shall take effect immediately and shall expire and be
14 deemed repealed April 1, 2026.
