STATE OF NEW YORK
________________________________________________________________________
5304
2023-2024 Regular Sessions
IN SENATE
March 1, 2023
___________
Introduced by Sen. FERNANDEZ -- 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 the definition of the
practice of pharmacy; and to repeal section 6801-a of the education
law, relating to the collaborative drug therapy management demon-
stration program
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, as amended by chapter
2 563 of the laws of 2008, subdivision 1 as amended by chapter 21 of the
3 laws of 2011, subdivisions 2 and 4 as amended by section 1 of part DD of
4 chapter 57 of the laws of 2018, subdivision 5 as added by chapter 502 of
5 the laws of 2016, subdivision 6 as added by chapter 134 of the laws of
6 2021, subdivision 7 as added by section 2 of part C of chapter 57 and
7 subdivision 8 as added by chapter 802 of the laws of 2022, is amended to
8 read as follows:
9 § 6801. [Definition of practice] Practice of pharmacy. 1. [The prac-
10 tice of the profession of pharmacy is defined as the administering,
11 preparing, compounding, preserving, or the dispensing of drugs, medi-
12 cines and therapeutic devices on the basis of prescriptions or other
13 legal authority, and collaborative drug therapy management in accordance
14 with the provisions of section sixty-eight hundred one-a of this arti-
15 cle.
16 2. A licensed pharmacist may execute a non-patient specific regimen
17 prescribed or ordered by a physician licensed in this state or nurse
18 practitioner certified in this state, pursuant to rules and regulations
19 promulgated by the commissioner. When a licensed pharmacist administers
20 an immunizing agent, he or she shall:
21 (a) report such administration by electronic transmission or facsimile
22 to the patient's attending primary health care practitioner or practi-
23 tioners, if any, and, to the extent practicable, make himself or herself
24 available to discuss the outcome of such immunization, including any
25 adverse reactions, with the attending primary health care practitioner,
26 and to the statewide immunization registry or the citywide immunization
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03103-01-3
S. 5304 2
1 registry, as established pursuant to and to the extent permitted by
2 section twenty-one hundred sixty-eight of the public health law; and
3 (b) provide information to the patient or, where applicable, the
4 person legally responsible for the patient, on the importance of having
5 a primary health care practitioner, developed by the commissioner of
6 health; and
7 (c) report such administration, absent of any individually identifi-
8 able health information, to the department of health in a manner
9 required by the commissioner of health; and
10 (d) prior to administering the immunization, inform the patient or,
11 where applicable, the person legally responsible for the patient, of the
12 total cost of the immunization or immunizations, subtracting any health
13 insurance subsidization, if applicable. In the case the immunization is
14 not covered, the pharmacist must inform the patient or, where applica-
15 ble, the person legally responsible for the patient, of the possibility
16 that the immunization may be covered when administered by a primary care
17 physician or practitioner; and
18 (e) administer the immunization or immunizations according to the most
19 current recommendations by the advisory committee for immunization prac-
20 tices (ACIP), provided however, that a pharmacist may administer any
21 immunization authorized under this section when specified by a patient
22 specific order.
23 3. No pharmacist shall administer immunizing agents without receiving
24 training satisfactory to the commissioner and the commissioner of health
25 which shall include, but not be limited to, techniques for screening
26 individuals and obtaining informed consent; techniques of adminis-
27 tration; indications, precautions and contraindications in the use of
28 agent or agents; record keeping of immunization and information; and
29 handling emergencies, including anaphylaxis and needlesticks.
30 4. When administering an immunization in a pharmacy, the licensed
31 pharmacist shall provide an area for the immunization that provides for
32 a patient's privacy. The privacy area should include:
33 a. a clearly visible posting of the most current "Recommended Adult
34 Immunization Schedule" published by the advisory committee for immuniza-
35 tion practices (ACIP); and
36 (b) education materials on influenza vaccinations for children as
37 determined by the commissioner and the commissioner of health.
38 5. A licensed pharmacist may execute a non-patient specific order, for
39 dispensing up to a seven day starter pack of HIV post-exposure prophy-
40 laxis medications for the purpose of preventing human immunodeficiency
41 virus infection, by a physician licensed in this state or nurse practi-
42 tioner certified in this state, pursuant to rules and regulations
43 promulgated by the commissioner in consultation with the commissioner of
44 health following a potential human immunodeficiency virus exposure.
45 6. A licensed pharmacist may execute a non-patient-specific regimen of
46 insulin and related supplies to an individual who has a valid
47 prescription for insulin and related supplies which has since expired
48 within the last twelve months. The valid prescription must have been
49 prescribed or ordered by a physician licensed in this state or nurse
50 practitioner certified in this state. Execution of a non-patient-specif-
51 ic regimen shall be on an emergency basis provided the pharmacist:
52 (a) first attempts to obtain an authorization from the prescriber of
53 the patient-specific prescription and cannot obtain the authorization,
54 and the prescriber does not object to dispensing to the patient under
55 the non-patient-specific regimen;
S. 5304 3
1 (b) provides a refill of the patient-specific prescription and the
2 quantity of that refill is in conformity with the directions for use
3 under the patient-specific prescription, but limited to an amount not to
4 exceed a thirty-day emergency supply; and
5 (c) notifies, within seventy-two hours of dispensing the refill or
6 refills, the prescriber of the patient-specific prescription whose
7 authorization could not be obtained, that an emergency prescription of
8 insulin has been dispensed.
9 7. A licensed pharmacist is a qualified health care professional under
10 section five hundred seventy-one of the public health law for the
11 purposes of directing a limited service laboratory and ordering and
12 administering COVID-19 and influenza tests authorized by the Food and
13 Drug Administration (FDA), subject to certificate of waiver requirements
14 established pursuant to the federal clinical laboratory improvement act
15 of nineteen hundred eighty-eight.
16 8. A licensed pharmacist within their lawful scope of practice may
17 administer injectable medications into the deltoid muscle, pursuant to
18 section six thousand eight hundred two of this article, for the treat-
19 ment of mental health and substance use disorder, as prescribed or
20 ordered by a licensed prescriber, acting within their scope of practice
21 in this state and in accordance with regulations, including but not
22 limited to regulations promulgated by the commissioner in consultation
23 with any other state agencies, as necessary.] "Practice of pharmacy"
24 means:
25 (a) the interpretation, evaluation and dispensing of prescription drug
26 orders;
27 (b) participation in drug and device selection, drug administration,
28 prospective and retrospective drug reviews and drug or drug-related
29 research;
30 (c) the provision of patient counseling and the provision of those
31 acts or services necessary to provide pharmaceutical care;
32 (d) the responsibility for:
33 (i) compounding and labeling of drugs and devices, except labeling by
34 a manufacturer, repackager or distributor of nonprescription drugs and
35 commercially packaged legend drugs and devices;
36 (ii) proper and safe storage of drugs and devices and maintenance of
37 proper records for such drugs and devices; and
38 (iii) the offering or performing of those acts, services, operations
39 or transactions necessary to the conduct, operation, management and
40 control of pharmacy;
41 (e) the prescribing of drugs, drug categories, or devices that are
42 limited to conditions that:
43 (i) do not require a new diagnosis;
44 (ii) are minor and generally self-limiting;
45 (iii) have a test that is used to guide diagnosis or clinical deci-
46 sion-making and are waived under the federal clinical laboratory
47 improvement amendments of nineteen hundred eighty-eight; or
48 (iv) in the professional judgment of the pharmacist, threaten the
49 health or safety of the patient should the prescription not be imme-
50 diately dispensed. In such cases, only sufficient quantity may be
51 provided until the patient is able to be seen by another provider.
52 2. The state board of pharmacy shall not adopt any rules authorizing a
53 pharmacist to prescribe a controlled drug.
54 § 2. Section 6801-a of the education law is REPEALED.
55 § 3. This act shall take effect immediately.
