S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9529

                          I N  A S S E M B L Y

                             March 10, 2016
                               ___________

Introduced  by M. of A. PAULIN, DINOWITZ, McDONALD, SCHIMMINGER, CROUCH,
  WALTER -- Multi-Sponsored by  --  M.  of  A.  CERETTO,  MAGEE,  SIMON,
  THIELE,  WALKER  --  read once and referred to the Committee on Higher
  Education

AN ACT to amend the education law, in relation to  pharmacist  immuniza-
  tions;  to  amend chapter 563 of the laws of 2008, amending the educa-
  tion law and the public health law relating to immunizing agents to be
  administered to adults by pharmacists, 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  pharma-
  cist 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:

  Section 1. Subdivision 7 of section 6527  of  the  education  law,  as
amended  by  chapter  46  of  the  laws  of  2015, is amended to read as
follows:
  7. A licensed physician may prescribe and  order  a  patient  specific
order or non-patient specific regimen to a licensed pharmacist, pursuant
to  regulations promulgated by the commissioner, and consistent with the
public health law, for administering immunizations [to prevent  influen-
za,  pneumococcal, acute herpes zoster, meningococcal, tetanus, diphthe-
ria or pertussis disease and medications required for  emergency  treat-
ment  of  anaphylaxis]  AND  VACCINES  LISTED  IN  THE RECOMMENDED ADULT
IMMUNIZATION SCHEDULE BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION.
Nothing in this subdivision shall authorize unlicensed persons to admin-
ister immunizations, vaccines or other drugs.
  S 2. Subdivision 22 of section 6802 of the education law,  as  amended
by chapter 46 of the laws of 2015, is amended to read as follows:
  22.  "Administer",  for the purpose of section sixty-eight hundred one
of this article, means the direct application of an immunizing agent  to
adults,  whether by injection, ingestion or any other means, pursuant to
a patient specific order or non-patient specific regimen  prescribed  or
ordered by a physician or certified nurse practitioner, [who has a prac-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD11980-01-5

A. 9529                             2

tice site in the county or adjoining county in which the immunization is
administered,]  for  immunizations  [to prevent influenza, pneumococcal,
acute herpes zoster, meningococcal,  tetanus,  diphtheria  or  pertussis
disease and medications required for emergency treatment of anaphylaxis]
AND  VACCINES  LISTED  IN THE RECOMMENDED ADULT IMMUNIZATION SCHEDULE BY
THE CENTERS FOR DISEASE CONTROL AND PREVENTION.  If the commissioner  of
health determines that there is an outbreak of disease, or that there is
the  imminent threat of an outbreak of disease, then the commissioner of
health may issue a non-patient specific regimen applicable statewide.
  S 3. Subdivision 7 of section 6909 of the education law, as amended by
chapter 46 of the laws of 2015, is amended to read as follows:
  7. A certified nurse practitioner may prescribe and  order  a  patient
specific order or non-patient specific regimen to a licensed pharmacist,
pursuant  to regulations promulgated by the commissioner, and consistent
with the public health law, for administering immunizations [to  prevent
influenza,  pneumococcal,  acute  herpes zoster, meningococcal, tetanus,
diphtheria or pertussis disease and medications required  for  emergency
treatment  of  anaphylaxis] AND VACCINES LISTED IN THE RECOMMENDED ADULT
IMMUNIZATION SCHEDULE BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION.
Nothing in this subdivision shall authorize unlicensed persons to admin-
ister immunizations, vaccines or other drugs.
  S 4. Section 8 of chapter 563 of the laws of 2008, amending the educa-
tion law and the public health law relating to immunizing agents  to  be
administered  to  adults by pharmacists, as amended by chapter 46 of the
laws of 2015, is amended to read as follows:
  S 8. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law  [and  shall  expire and be deemed repealed July 1,
2019].
  S 5. Section 5 of chapter 116 of the laws of 2012, amending the educa-
tion law relating to authorizing a  licensed  pharmacist  and  certified
nurse  practitioner  to administer certain immunizing agents, as amended
by chapter 46 of the laws of 2015, is amended to read as follows:
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have  become a law [and shall expire and be deemed repealed July 1, 2019
provided, that:
  (a) the amendments to subdivision 7 of section 6527 of  the  education
law  made by section one of this act shall not affect the repeal of such
subdivision and shall be deemed to be repealed therewith;
  (b) the amendments to subdivision 7 of section 6909 of  the  education
law, made by section two of this act shall not affect the repeal of such
subdivision and shall be deemed to be repealed therewith;
  (c)  the amendments to subdivision 22 of section 6802 of the education
law made by section three of this act shall not  affect  the  repeal  of
such subdivision and shall be deemed to be repealed therewith; and
  (d)  the  amendments  to  section  6801  of  the education law made by
section four of this act shall not affect the expiration of such section
and shall be deemed to expire therewith].
  S 6. This act shall take effect immediately.