S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2900
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 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, 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03797-01-9

 A. 2900                             2
 
 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.