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S08182 Summary:

S08182 Actions:

S08182 Memo:

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S08182 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8182--A
 
                    IN SENATE
 
                                     April 13, 2020
                                       ___________
 
        Introduced  by  Sens.  HOYLMAN,  BENJAMIN,  BROOKS,  KAPLAN, MONTGOMERY,
          SEPULVEDA, SKOUFIS -- read twice and ordered printed, and when printed
          to be committed to the Committee  on  Higher  Education  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT  to amend the education law, in relation to authorizing licensed
          pharmacists to  administer  an  approved  vaccine  for  COVID-19;  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. 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, meningococcal,  tetanus,  diphtheria,
     9  COVID-19,  or  pertussis  disease and medications required for emergency
    10  treatment of anaphylaxis. Nothing in this  subdivision  shall  authorize
    11  unlicensed persons to administer immunizations, vaccines or other drugs.
    12    §  2.  Subdivision 22 of section 6802 of the education law, as amended
    13  by section 2 of part DD of chapter 57 of the laws of 2018, is amended to
    14  read as follows:
    15    22. "Administer", for the purpose of section sixty-eight  hundred  one
    16  of this article, means:
    17    a. the direct application of an immunizing agent to adults, whether by
    18  injection,  ingestion,  inhalation  or  any  other  means, pursuant to a
    19  patient specific order or non-patient  specific  regimen  prescribed  or
    20  ordered  by a physician or certified nurse practitioner, who has a prac-
    21  tice site in the county or adjoining county in which the immunization is
    22  administered, for  immunizations  to  prevent  influenza,  pneumococcal,
    23  acute  herpes  zoster,  meningococcal, tetanus, diphtheria, COVID-19, or
    24  pertussis disease and medications required for  emergency  treatment  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16067-03-0
        S. 8182--A                          2
 
     1  anaphylaxis.  If  the commissioner of health determines that there is an
     2  outbreak of disease, or that there is the imminent threat of an outbreak
     3  of disease, then the commissioner of  health  may  issue  a  non-patient
     4  specific regimen applicable statewide.
     5    b.  the  direct application of an immunizing agent to children between
     6  the ages of two and eighteen years of age, whether by injection,  inges-
     7  tion,  inhalation  or  any  other  means, pursuant to a patient specific
     8  order or non-patient specific regimen prescribed or ordered by a  physi-
     9  cian  or  certified  nurse  practitioner, who has a practice site in the
    10  county or adjoining county in which the  immunization  is  administered,
    11  for immunization to prevent influenza and medications required for emer-
    12  gency  treatment of anaphylaxis resulting from such immunization. If the
    13  commissioner of health determines that there is an outbreak of  influen-
    14  za,  or  that  there is the imminent threat of an outbreak of influenza,
    15  then the commissioner of health may issue a non-patient specific regimen
    16  applicable statewide.
    17    § 3. Subdivision 7 of section 6909 of the education law, as amended by
    18  chapter 46 of the laws of 2015, is amended to read as follows:
    19    7. A certified nurse practitioner may prescribe and  order  a  patient
    20  specific order or non-patient specific regimen to a licensed pharmacist,
    21  pursuant  to regulations promulgated by the commissioner, and consistent
    22  with the public health law, for administering immunizations  to  prevent
    23  influenza,  pneumococcal,  acute  herpes zoster, meningococcal, tetanus,
    24  diphtheria, COVID-19, or pertussis disease and medications required  for
    25  emergency  treatment  of  anaphylaxis. Nothing in this subdivision shall
    26  authorize unlicensed persons to administer  immunizations,  vaccines  or
    27  other drugs.
    28    §  4.  This  act shall take effect no sooner than ninety days from the
    29  date of approval of a COVID-19 immunization by the  United  States  Food
    30  and  Drug  Administration's Center for Biologics Evaluation and Research
    31  and shall expire and be deemed repealed July 1, 2022;  provided  further
    32  that this act shall not take effect until the commissioner of health and
    33  the commissioner of education jointly certify that the administration of
    34  such  immunization pursuant to this act would be in the best interest of
    35  public health; provided that the commissioner of health and the  commis-
    36  sioner  of  education shall notify the legislative bill drafting commis-
    37  sion upon the occurrence of such certification in order that the commis-
    38  sion may maintain an accurate and timely  effective  data  base  of  the
    39  official  text  of  the  laws of the state of New York in furtherance of
    40  effectuating the provisions of section 44 of  the  legislative  law  and
    41  section 70-b of the public officers law; provided further, that:
    42    (a)  the  amendments to subdivision 7 of section 6527 of the education
    43  law made by section one of this act shall not affect the  expiration  of
    44  such subdivision and shall be deemed to expire therewith;
    45    (b)  the amendments to subdivision 22 of section 6802 of the education
    46  law made by section two of this act shall not affect the repeal of  such
    47  subdivision pursuant to section 8 of chapter 563 of the laws of 2008, as
    48  amended, and shall be deemed repealed therewith; and
    49    (c)  the  amendments to subdivision 7 of section 6909 of the education
    50  law, made by section three of this act shall not affect  the  expiration
    51  of such subdivision and shall be deemed to expire therewith.