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A06476 Summary:

BILL NOA06476A
 
SAME ASSAME AS S04807-A
 
SPONSORHyndman
 
COSPNSRTaylor, McDonald, Thiele, Dickens, Jones, Paulin, Stirpe, Wallace, Lawler, Braunstein, Davila, Pichardo, Simon, Sillitti, Schmitt, Buttenschon, Englebright, Mikulin, Galef, Reilly
 
MLTSPNSRAngelino, Tague
 
Amd §§6527, 6802 & 6909, Ed L; amd §8, Chap 563 of 2008; amd §5, Chap 116 of 2012; amd §4, Chap 274 of 2013; amd §4, Chap 110 of 2020
 
Authorizes pharmacists to provide immunizations which are recommended by centers for disease control and prevention to patients eighteen years or older.
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A06476 Actions:

BILL NOA06476A
 
03/18/2021referred to higher education
05/20/2021amend (t) and recommit to higher education
05/20/2021print number 6476a
05/25/2021reported referred to rules
06/01/2021reported
06/01/2021rules report cal.210
06/01/2021substituted by s4807a
 S04807 AMEND=A STAVISKY
 02/12/2021REFERRED TO HEALTH
 05/12/2021COMMITTEE DISCHARGED AND COMMITTED TO HIGHER EDUCATION
 05/18/20211ST REPORT CAL.1136
 05/20/20212ND REPORT CAL.
 05/24/2021AMENDED (T) 4807A
 05/24/2021ADVANCED TO THIRD READING
 06/01/2021PASSED SENATE
 06/01/2021DELIVERED TO ASSEMBLY
 06/01/2021referred to higher education
 06/01/2021substituted for a6476a
 06/01/2021ordered to third reading rules cal.210
 06/01/2021passed assembly
 06/01/2021returned to senate
 10/22/2021DELIVERED TO GOVERNOR
 11/02/2021SIGNED CHAP.555
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A06476 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6476A
 
SPONSOR: Hyndman
  TITLE OF BILL: 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 phar- macist 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 phar- macists, chapter 116 of the laws of 2012, amending the education law relating to authorizing a licensed pharmacist and certified nurse prac- titioner to administer certain immunizing agents, chapter 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 phar- macists to administer an approved vaccine for COVID-19, in relation to making such provisions permanent   PURPOSE OR GENERAL IDEA OF BILL: To expand the immunizations that licensed pharmacists are authorized to administer and make such authorization permanent.   SUMMARY OF PROVISIONS: Sections 1-3. Amend education law provisions to authorize licensed phar- macists to administer immunizations for 1) Hepatitis A, Hepatitis B, human papillomavirus, measles, mumps, rubella, varicella, COVID-19 and 2) additional immunizations recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention (CDC) pursuant to a determination by DOH. Section 4. Provides that a licensed pharmacist who administers an immun- ization pursuant to this act shall report the immunization to DOH. Section 5-8. Remove the sunset for the authorization for pharmacists to administer certain immunizations. Section 9. Provides the effective date.   JUSTIFICATION: Immunizations are the best defense against morbidity and mortality for diseases for which vaccines are available and studies have shown that pharmacist-provided immunizations increase overall immunization rates. Pharmacists in New York have been permitted to give immunizations• to adults for influenza and pneumococcal since 2008. Due to the success with these vaccines, the legislature subsequently passed laws to allow pharmacists to administer immunizations to prevent shingles, meningitis, tetanus, diphtheria, and pertussis and COVID-19. Under this bill, a physician or a nurse practitioner will be able to issue a patient-spe- cific order or non-specific patient regimen for a pharmacist to adminis- ter immunizations such as. Hepatitis A, Hepatitis B, HPV, measles, mumps and rubella. Further, pursuant to a determination by DOH, Pharmacists will be able to administer additional immunizations recommended by the CDC. Having this additional access point of pharmacists-as-immunizers will significantly expand the availability of immunizations and is essential to increasing low immunization rates among adults.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
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A06476 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6476--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 18, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  HYNDMAN,  TAYLOR, McDONALD, THIELE, DICKENS,
          JONES, PAULIN, STIRPE, WALLACE, LAWLER, BRAUNSTEIN, DAVILA,  PICHARDO,
          SIMON,  SILLITTI, SCHMITT, BUTTENSCHON, ENGLEBRIGHT, MIKULIN -- Multi-
          Sponsored by -- M.  of A. ANGELINO, TAGUE -- read once and referred to
          the Committee  on  Higher  Education  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        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:
     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:  (a)  administering  immunizations to prevent
     8  influenza[,] to patients two years of age or older; and (b)  administer-
     9  ing  immunizations to prevent pneumococcal, acute herpes zoster, hepati-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09371-07-1

        A. 6476--A                          2
 
     1  tis A, hepatitis B, human papillomavirus, measles, mumps, rubella, vari-
     2  cella, COVID-19,  meningococcal,  tetanus,  diphtheria[,  COVID-19,]  or
     3  pertussis  disease  and  medications required for emergency treatment of
     4  anaphylaxis to patients eighteen years of age or older; and (c) adminis-
     5  tering  other  immunizations  recommended  by  the advisory committee on
     6  immunization practices of the centers for disease control and prevention
     7  for patients eighteen years of age  or  older  if  the  commissioner  of
     8  health  in consultation with the commissioner determines that an immuni-
     9  zation:  (i) (A) may be safely administered  by  a  licensed  pharmacist
    10  within  their lawful scope of practice; and (B) is needed to prevent the
    11  transmission of a reportable communicable disease that is  prevalent  in
    12  New  York state; or (ii) is a recommended immunization for such patients
    13  who: (A) meet age requirements, (B) lack documentation of such immuniza-
    14  tion, (C) lack evidence of past infection, or  (D)  have  an  additional
    15  risk factor or another indication as recommended by the advisory commit-
    16  tee  on  immunization  practices  of the centers for disease control and
    17  prevention.   Nothing in this  subdivision  shall  authorize  unlicensed
    18  persons to administer immunizations, vaccines or other drugs.
    19    §  2.  Subdivision 22 of section 6802 of the education law, as amended
    20  by chapter 110 of the laws of 2020, is amended to read as follows:
    21    22. "Administer", for the purpose of section sixty-eight  hundred  one
    22  of this article, means:
    23    a. the direct application of an immunizing agent to adults, whether by
    24  injection,  ingestion,  inhalation  or  any  other  means, pursuant to a
    25  patient specific order or non-patient  specific  regimen  prescribed  or
    26  ordered by a physician or certified nurse practitioner, [who has a prac-
    27  tice site in the county or adjoining county in which the immunization is
    28  administered,]  for:  immunizations  to prevent influenza, pneumococcal,
    29  acute herpes zoster, hepatitis A,  hepatitis  B,  human  papillomavirus,
    30  measles,  mumps,  rubella,  varicella, COVID-19, meningococcal, tetanus,
    31  diphtheria[, COVID-19,] or pertussis disease  and  medications  required
    32  for  emergency  treatment of anaphylaxis; and other immunizations recom-
    33  mended by the  advisory  committee  on  immunization  practices  of  the
    34  centers  for  disease control and prevention for patients eighteen years
    35  of age or older if the commissioner of health in consultation  with  the
    36  commissioner  determines  that  an  immunization:  (i)(A)  may be safely
    37  administered by a licensed pharmacist within their lawful scope of prac-
    38  tice; and (B) is needed to prevent  the  transmission  of  a  reportable
    39  communicable  disease  that is prevalent in New York state; or (ii) is a
    40  recommended immunization for such patients who: (A)  meet  age  require-
    41  ments, (B) lack documentation of such immunization, (C) lack evidence of
    42  past  infection,  or (D) have an additional risk factor or another indi-
    43  cation as recommended by the advisory committee  on  immunization  prac-
    44  tices of the centers for disease control and prevention.  If the commis-
    45  sioner  of  health  determines  that there is an outbreak of disease, or
    46  that there is the imminent threat of an outbreak of  disease,  then  the
    47  commissioner of health may issue a non-patient specific regimen applica-
    48  ble statewide.
    49    b.  the  direct application of an immunizing agent to children between
    50  the ages of two and eighteen years of age, whether by injection,  inges-
    51  tion,  inhalation  or  any  other  means, pursuant to a patient specific
    52  order or non-patient specific regimen prescribed or ordered by a  physi-
    53  cian  or  certified  nurse practitioner, [who has a practice site in the
    54  county or adjoining county in which the immunization  is  administered,]
    55  for immunization to prevent influenza and medications required for emer-
    56  gency  treatment of anaphylaxis resulting from such immunization. If the

        A. 6476--A                          3

     1  commissioner of health determines that there is an outbreak of  influen-
     2  za,  or  that  there is the imminent threat of an outbreak of influenza,
     3  then the commissioner of health may issue a non-patient specific regimen
     4  applicable statewide.
     5    § 3. Subdivision 7 of section 6909 of the education law, as amended by
     6  chapter 110 of the laws of 2020, is amended to read as follows:
     7    7.  A  certified  nurse practitioner may prescribe and order a patient
     8  specific order or non-patient specific regimen to a licensed pharmacist,
     9  pursuant to regulations promulgated by the commissioner, and  consistent
    10  with  the  public  health  law,  for: (a) administering immunizations to
    11  prevent influenza[,] to patients two years of  age  or  older;  and  (b)
    12  administering  immunizations to prevent pneumococcal, acute herpes zost-
    13  er, hepatitis A, hepatitis  B,  human  papillomavirus,  measles,  mumps,
    14  rubella,   varicella,  COVID-19,  meningococcal,  tetanus,  diphtheria[,
    15  COVID-19,] or pertussis disease and medications required  for  emergency
    16  treatment of anaphylaxis to patients eighteen years of age or older; and
    17  (c)  administering  other  immunizations  recommended  by  the  advisory
    18  committee on immunization practices of the centers for  disease  control
    19  and  prevention  for  patients  eighteen  years  of  age or older if the
    20  commissioner of health in consultation with the commissioner  determines
    21  that  an immunization:  (i) (A) may be safely administered by a licensed
    22  pharmacist within their lawful scope of practice; and (B) is  needed  to
    23  prevent  the  transmission  of a reportable communicable disease that is
    24  prevalent in  New  York  state; or (ii) is  a  recommended  immunization
    25  for such patients who: (A) meet age requirements, (B) lack documentation
    26  of  such  immunization, (C) lack evidence of past infection, or (D) have
    27  an additional risk factor or another indication as  recommended  by  the
    28  advisory  committee on immunization practices of the centers for disease
    29  control and prevention.   Nothing in this  subdivision  shall  authorize
    30  unlicensed persons to administer immunizations, vaccines or other drugs.
    31    § 4. A licensed pharmacist who administers an immunization pursuant to
    32  this  act  shall  report  the  immunization  to the department of health
    33  either through the statewide  immunization  information  system  or  the
    34  citywide  immunization  registry under section 2168 of the public health
    35  law, notwithstanding any provision of that section to the contrary.
    36    § 5. Section 8 of chapter 563 of the laws of 2008, amending the educa-
    37  tion law and the public health law relating to immunizing agents  to  be
    38  administered  to adults by pharmacists, as amended by section 18 of part
    39  BB of chapter 56 of the laws of 2020, is amended to read as follows:
    40    § 8. This act shall take effect on the ninetieth day  after  it  shall
    41  have  become  a  law  [and  shall  expire and be deemed repealed July 1,
    42  2022].
    43    § 6. Section 5 of chapter 116 of the laws of 2012, amending the educa-
    44  tion law relating to authorizing a  licensed  pharmacist  and  certified
    45  nurse  practitioner  to administer certain immunizing agents, as amended
    46  by section 19 of part BB of chapter 56 of the laws of 2020,  is  amended
    47  to read as follows:
    48    §  5.  This  act shall take effect on the ninetieth day after it shall
    49  have become a law[, provided, however, that the provisions  of  sections
    50  one,  two  and four of this act shall expire and be deemed repealed July
    51  1, 2022 provided, that:
    52    (a) the amendments to subdivision 7 of section 6527 of  the  education
    53  law  made by section one of this act shall not affect the repeal of such
    54  subdivision and shall be deemed to be repealed therewith;

        A. 6476--A                          4

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