S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    455
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M.  of A. PAULIN, DINOWITZ, SCHIMMINGER, CROUCH, WALTER,
   FAHY, HEVESI, STECK, WEPRIN, LUPARDO -- Multi-Sponsored by -- M. of A.
   LUPINACCI, MAGEE, RA, 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.
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03043-01-7

 A. 455                              2
 
 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-
 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.
   § 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.
   § 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:
   § 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].
   § 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:
   § 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].
   § 6. This act shall take effect immediately.