S T A T E O F N E W Y O R K
________________________________________________________________________
321--A
2017-2018 Regular Sessions
I N S E N A T E
(PREFILED)
January 4, 2017
___________
Introduced by Sens. ROBACH, ADDABBO, AKSHAR, BONACIC, FUNKE, GALLIVAN,
HELMING, LARKIN, VALESKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education -- recom-
mitted to the Committee on Higher Education in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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, HEPATITIS B, 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.
§ 2. Subdivision 22 of section 6802 of the education law, as amended
by section 2 of part DD of chapter 57 of the laws of 2018, is amended to
read as follows:
22. "Administer", for the purpose of section sixty-eight hundred one
of this article, means:
a. the direct application of an immunizing agent to adults, whether by
injection, ingestion, inhalation or any other means, pursuant to a
patient specific order or non-patient specific regimen prescribed or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03043-02-8
S. 321--A 2
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, HEPATITIS B, 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.
b. the direct application of an immunizing agent to children between
the ages of two and eighteen years of age, whether by injection, inges-
tion, inhalation or any other means, pursuant to a patient specific
order or non-patient specific regimen prescribed or ordered by a physi-
cian or certified nurse practitioner, who has a practice site in the
county or adjoining county in which the immunization is administered,
for immunization to prevent influenza and medications required for emer-
gency treatment of anaphylaxis resulting from such immunization. If the
commissioner of health determines that there is an outbreak of influen-
za, or that there is the imminent threat of an outbreak of influenza,
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, HEPATITIS A, HEPATITIS B,
meningococcal, tetanus, diphtheria or pertussis disease and medications
required for emergency treatment of anaphylaxis. Nothing in this subdi-
vision shall authorize unlicensed persons to administer immunizations,
vaccines or other drugs.
§ 4. 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 not affect the expiration of
such subdivision pursuant to section 8 of chapter 563 of the laws of
2008, as amended, and shall be deemed repealed therewith; and
(c) the amendments to subdivision 7 of section 6909 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.
