S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8661
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             September 1, 2017
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Higher Education
 
 AN  ACT to amend the education law, in relation to the definition of the
   practice of pharmacy
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  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] MEANS:
   A. 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 practice site  in
 the  county  or  adjoining  county in which the immunization is adminis-
 tered, for  immunizations  to  prevent  influenza,  pneumococcal,  acute
 herpes  zoster,  meningococcal, tetanus, diphtheria or pertussis disease
 and medications required for emergency treatment of anaphylaxis. 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 applica-
 ble statewide.
   B. THE INJECTING OF MEDICATIONS FOR THE TREATMENT OF MENTAL HEALTH AND
 SUBSTANCE USE DISORDER, AS PRESCRIBED OR ORDERED BY A LICENSED  PRESCRI-
 BER  IN THIS STATE AND IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE
 COMMISSIONER IN CONSULTATION WITH THE BOARD OF PHARMACY.
   § 2.  Subdivision 22 of section 6802 of the education law, as added by
 chapter 563 of the laws of 2008, is amended to read as follows:
   22. "Administer"[, for] MEANS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13345-01-7
              

 A. 8661                             2
 
   A. 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
 issued by a physician or certified nurse practitioner who has a practice
 site  in  the county in which the immunization is administered.  However
 if the county where the immunization is to be administered has  a  popu-
 lation  of seventy-five thousand or less, then the licensed physician or
 certified nurse practitioner may be in an adjoining county. Such  admin-
 istration  shall be limited to immunizing agents to prevent influenza or
 pneumococcal disease and medications required for emergency treatment of
 anaphylaxis.
   B. THE INJECTING OF MEDICATIONS FOR THE TREATMENT OF MENTAL HEALTH AND
 SUBSTANCE USE DISORDER, AS PRESCRIBED OR ORDERED BY A LICENSED  PRESCRI-
 BER  IN THIS STATE AND IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE
 COMMISSIONER IN CONSULTATION WITH THE BOARD OF PHARMACY.
   § 3. Section 6801 of the education law is  amended  by  adding  a  new
 subdivision 6 to read as follows:
   6. A LICENSED PHARMACIST MAY ADMINISTER INJECTABLE MEDICATIONS FOR THE
 TREATMENT  OF MENTAL HEALTH AND SUBSTANCE USE DISORDER, AS PRESCRIBED OR
 ORDERED BY A LICENSED PRESCRIBER IN THIS STATE AND  IN  ACCORDANCE  WITH
 REGULATIONS  PROMULGATED  BY  THE  COMMISSIONER IN CONSULTATION WITH THE
 BOARD OF PHARMACY.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that:
   a. effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective  date  are  authorized to be made and completed by the commis-
 sioner of education on or before such date;
   b. the amendments to subdivision 22 of section 6802 of  the  education
 law  made  by section one of this act shall not affect the expiration of
 such subdivision and shall be deemed to be expired therewith, when  upon
 such date the provisions of section two of this act shall take effect;
   c.  the  amendments to subdivision 22 of section 6802 of the education
 law made by section two of this act shall not affect the repeal of  such
 subdivision and shall be deemed to expire therewith; and
   d. the amendments to section 6801 of the education law made by section
 three  of  this  act shall not affect the expiration of such section and
 shall be deemed to expire therewith.