S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9073
 
                           I N  A S S E M B L Y
 
                             January 18, 2018
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
   Committee on Higher Education
 
 AN ACT to amend the education law, in relation to  pharmacist  immuniza-
   tions
 
   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 influenza,
 pneumococcal, acute herpes zoster, HEPATITIS A, meningococcal,  tetanus,
 diphtheria  or  pertussis disease and medications required for emergency
 treatment of anaphylaxis. Nothing in this  subdivision  shall  authorize
 unlicensed persons to administer 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
 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, HEPATITIS A, 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 applicable statewide.
   § 3. 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13534-02-8

 A. 9073                             2
 
   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  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
 population of seventy-five thousand or less, then the licensed physician
 or  certified  nurse  practitioner  may  be in an adjoining county. Such
 administration shall be limited to immunizing agents to prevent influen-
 za, HEPATITIS A or pneumococcal disease  and  medications  required  for
 emergency treatment of anaphylaxis.
   § 4. 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, HEPATITIS  A,  meningococ-
 cal,  tetanus,  diphtheria or pertussis disease and medications required
 for emergency treatment of  anaphylaxis.  Nothing  in  this  subdivision
 shall authorize unlicensed persons to administer immunizations, vaccines
 or other drugs.
   § 5. This act shall take effect immediately; provided, however, 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  expiration  of
 such subdivision and shall be deemed to expire therewith;
   (b)  the amendments to subdivision 22 of section 6802 of the education
 law made by section two of this act shall be subject to  the  expiration
 and  reversion  of such subdivision pursuant to section 5 of chapter 116
 of the laws of 2012, as amended, when upon such date the  provisions  of
 section three of this act shall take effect;
   (c)  the amendments to subdivision 22 of section 6802 of the education
 law made by section three of this act shall not affect the expiration of
 such subdivision and shall be deemed to expire therewith; and
   (d) the amendments to subdivision 7 of section 6909 of  the  education
 law, made by section four of this act shall not affect the expiration of
 such subdivision and shall be deemed to expire therewith.