S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3830--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by M. of A. McDONALD, BLANKENBUSH, TAGUE, ARROYO, WALCZYK --
   Multi-Sponsored by -- M. of A. SAYEGH -- read once and referred to the
   Committee on Higher Education -- recommitted to the Committee on High-
   er Education in accordance with Assembly Rule 3, sec. 2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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 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. (1) the direct application of an immunizing agent to adults, wheth-
 er 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,  meningococcal, tetanus, diphtheria, COVID-19, 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.]  (2)  the  direct  application of an immunizing agent to children
 between the ages of two and eighteen years of age, 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  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-
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00670-08-0

 A. 3830--A                          2
 
 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.
   B. THE INJECTION 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 AND THE DEPARTMENT OF HEALTH IN CONSULTATION WITH THE BOARD
 OF PHARMACY, AND ANY OTHER STATE AGENCIES AS NECESSARY, PROVIDING THAT:
   (1)  SUCH ADMINISTRATION IS CONDUCTED PURSUANT TO A VALID PRESCRIPTION
 OR ORDER THAT AUTHORIZES A PHARMACIST TO ADMINISTER MEDICATIONS FOR  THE
 TREATMENT OF MENTAL HEALTH AND SUBSTANCE USE DISORDER AND THE PHARMACIST
 NOTIFIES THE LICENSED PRESCRIBER THAT THE ADMINISTRATION IS COMPLETE.
   (2)  SUCH  PRESCRIPTION  MAY BE SUBJECT TO REASSESSMENT AT APPROPRIATE
 INTERVALS, AS DETERMINED BY THE LICENSED PRESCRIBER.
   (3) SUCH ACTIVITY IS CONDUCTED IN ACCORDANCE WITH REGULATIONS  PROMUL-
 GATED  OR  ADOPTED  BY THE COMMISSIONER AND THE DEPARTMENT OF HEALTH, IN
 CONSULTATION WITH THE BOARD OF PHARMACY, AND ANY OTHER  STATE  AGENCIES,
 AS NECESSARY, WHICH SHALL INCLUDE REQUIREMENTS FOR THE FOLLOWING:
   (I)  TRAINING  ACCREDITED  BY  THE  ACCREDITATION COUNCIL FOR PHARMACY
 EDUCATION, THAT MAY INCLUDE  EDUCATIONAL  EXPERIENCES  OBTAINED  THROUGH
 PHARMACY SCHOOL CURRICULA, OR A SIMILAR HEALTH AUTHORITY OR PROFESSIONAL
 BODY  APPROPRIATE  FOR  THE  MEDICATIONS  BEING  ADMINISTERED  AND THEIR
 RESPECTIVE PATIENT POPULATIONS. SUCH TRAINING MUST  BE  SATISFACTORY  TO
 THE  COMMISSIONER AND THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE
 BOARD OF PHARMACY AND ANY OTHER  STATE  AGENCIES,  AS  NECESSARY,  WHICH
 SHALL  INCLUDE, BUT NOT BE LIMITED TO LEARNING MODULES ON TECHNIQUES FOR
 ADMINISTRATION BY INJECTIONS, INDICATIONS, PRECAUTIONS, AND  CONTRAINDI-
 CATIONS  IN  THE USE OF AGENT OR AGENTS; RECORD KEEPING AND INFORMATION;
 AND  HANDLING  EMERGENCIES,  INCLUDING  ANAPHYLAXIS,  NEEDLE-STICKS  AND
 CARDIOPULMONARY RESUSCITATION.
   (II) MAINTAINING CONTINUED COMPETENCY REGARDING THE POPULATIONS SERVED
 AND MEDICATIONS ADMINISTERED.
   (III)  PRE-ADMINISTRATION  PATIENT  CONSENT  AND  EDUCATION  REGARDING
 COMMON SIDE EFFECTS, DRUG INTERACTIONS,  INJECTION  SITE  REACTIONS  AND
 OTHER INFORMATION ROUTINELY PROVIDED TO PATIENTS UPON DISPENSING.
   (IV)  WHEN  ADMINISTERING  AN  INJECTION IN A PHARMACY, THE PHARMACIST
 SHALL PROVIDE AN AREA FOR THE INJECTION THAT PROVIDES FOR THE  PATIENT'S
 PRIVACY.
   (V)  RECORD KEEPING AND REPORTING OF SUCH ADMINISTRATION BY ELECTRONIC
 TRANSMISSION OR FACSIMILE TO THE PATIENT'S LICENSED PRESCRIBER, AND,  TO
 THE EXTENT PRACTICABLE, MAKE HIMSELF OR HERSELF AVAILABLE TO DISCUSS THE
 OUTCOME  OF  SUCH  INJECTION,  INCLUDING ANY ADVERSE REACTIONS, WITH THE
 LICENSED PRESCRIBER.
   § 2. Subdivision 22 of section 6802 of the education law,  as  amended
 by chapter 110 of the laws of 2020, is amended to read as follows:
   22.  "Administer",  for the purpose of section sixty-eight hundred one
 of this article, means:
   a. (1) the direct application of an immunizing agent to adults, wheth-
 er 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,  meningococcal, tetanus, diphtheria, COVID-19, or

 A. 3830--A                          3
 
 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.] (2) the direct application of an  immunizing  agent  to  children
 between the ages of two and eighteen years of age, 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 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.
   B. THE INJECTION 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  AND  THE  DEPARTMENT  OF  HEALTH, IN CONSULTATION WITH THE
 BOARD OF PHARMACY, AND ANY OTHER STATE AGENCIES, AS NECESSARY, PROVIDING
 THAT:
   (1) SUCH ADMINISTRATION IS CONDUCTED PURSUANT TO A VALID  PRESCRIPTION
 OR  ORDER THAT AUTHORIZES A PHARMACIST TO ADMINISTER MEDICATIONS FOR THE
 TREATMENT OF MENTAL HEALTH AND SUBSTANCE USE DISORDER AND THE PHARMACIST
 NOTIFIES THE LICENSED PRESCRIBER THAT THE ADMINISTRATION IS COMPLETE.
   (2) SUCH PRESCRIPTION MAY BE SUBJECT TO  REASSESSMENT  AT  APPROPRIATE
 INTERVALS, AS DETERMINED BY THE LICENSED PRESCRIBER.
   (3)  SUCH ACTIVITY IS CONDUCTED IN ACCORDANCE WITH REGULATIONS PROMUL-
 GATED OR ADOPTED BY THE COMMISSIONER AND THE DEPARTMENT  OF  HEALTH,  IN
 CONSULTATION  WITH  THE BOARD OF PHARMACY, AND ANY OTHER STATE AGENCIES,
 AS NECESSARY, WHICH SHALL INCLUDE REQUIREMENTS FOR THE FOLLOWING:
   (I) TRAINING ACCREDITED BY  THE  ACCREDITATION  COUNCIL  FOR  PHARMACY
 EDUCATION,  THAT  MAY  INCLUDE  EDUCATIONAL EXPERIENCES OBTAINED THROUGH
 PHARMACY SCHOOL CURRICULA, OR A SIMILAR HEALTH AUTHORITY OR PROFESSIONAL
 BODY APPROPRIATE  FOR  THE  MEDICATIONS  BEING  ADMINISTERED  AND  THEIR
 RESPECTIVE  PATIENT  POPULATIONS.  SUCH TRAINING MUST BE SATISFACTORY TO
 THE COMMISSIONER AND THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH  THE
 BOARD  OF  PHARMACY  AND  ANY  OTHER STATE AGENCIES, AS NECESSARY, WHICH
 SHALL INCLUDE, BUT NOT BE LIMITED TO LEARNING MODULES ON TECHNIQUES  FOR
 ADMINISTRATION  BY INJECTIONS, INDICATIONS, PRECAUTIONS, AND CONTRAINDI-
 CATIONS IN THE USE OF AGENT OR AGENTS; RECORD KEEPING  AND  INFORMATION;
 AND  HANDLING  EMERGENCIES,  INCLUDING  ANAPHYLAXIS,  NEEDLE-STICKS  AND
 CARDIOPULMONARY RESUSCITATION.
   (II) MAINTAINING CONTINUED COMPETENCY REGARDING THE POPULATIONS SERVED
 AND MEDICATIONS ADMINISTERED.
   (III)  PRE-ADMINISTRATION  PATIENT  CONSENT  AND  EDUCATION  REGARDING
 COMMON  SIDE  EFFECTS,  DRUG  INTERACTIONS, INJECTION SITE REACTIONS AND
 OTHER INFORMATION ROUTINELY PROVIDED TO PATIENTS UPON DISPENSING.
   (IV) WHEN ADMINISTERING AN INJECTION IN  A  PHARMACY,  THE  PHARMACIST
 SHALL  PROVIDE AN AREA FOR THE INJECTION THAT PROVIDES FOR THE PATIENT'S
 PRIVACY.
   (V) RECORD KEEPING AND REPORTING OF SUCH ADMINISTRATION BY  ELECTRONIC
 TRANSMISSION  OR FACSIMILE TO THE PATIENT'S LICENSED PRESCRIBER, AND, TO
 THE EXTENT PRACTICABLE, MAKE HIMSELF OR HERSELF AVAILABLE TO DISCUSS THE

 A. 3830--A                          4
 
 OUTCOME OF SUCH INJECTION, INCLUDING ANY  ADVERSE  REACTIONS,  WITH  THE
 LICENSED PRESCRIBER.
   §  3.  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. (1) the direct application of an immunizing agent to adults, wheth-
 er 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, meningococcal, tetanus,  diphtheria,  COVID-19,  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.] (2) the direct application of an  immunizing  agent  to  children
 between the ages of two and eighteen years of age, 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 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.
   B. THE INJECTION OF MEDICATIONS FOR THE TREATMENT OF MENTAL HEALTH AND
 SUBSTANCE USE DISORDERS, AS PRESCRIBED OR ORDERED BY A LICENSED PRESCRI-
 BER  IN THIS STATE AND IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE
 COMMISSIONER AND THE DEPARTMENT OF  HEALTH,  IN  CONSULTATION  WITH  THE
 BOARD OF PHARMACY, AND ANY OTHER STATE AGENCIES, AS NECESSARY, PROVIDING
 THAT:
   (1)  SUCH ADMINISTRATION IS CONDUCTED PURSUANT TO A VALID PRESCRIPTION
 OR ORDER THAT AUTHORIZES A PHARMACIST TO ADMINISTER MEDICATIONS FOR  THE
 TREATMENT OF MENTAL HEALTH AND SUBSTANCE USE DISORDER AND THE PHARMACIST
 NOTIFIES THE LICENSED PRESCRIBER THAT THE ADMINISTRATION IS COMPLETE.
   (2)  SUCH  PRESCRIPTION  MAY BE SUBJECT TO REASSESSMENT AT APPROPRIATE
 INTERVALS, AS DETERMINED BY THE LICENSED PRESCRIBER.
   (3) SUCH ACTIVITY IS CONDUCTED IN ACCORDANCE WITH REGULATIONS  PROMUL-
 GATED  OR  ADOPTED  BY THE COMMISSIONER AND THE DEPARTMENT OF HEALTH, IN
 CONSULTATION WITH THE BOARD OF PHARMACY, AND ANY OTHER  STATE  AGENCIES,
 AS NECESSARY, WHICH SHALL INCLUDE REQUIREMENTS FOR THE FOLLOWING:
   (I)  TRAINING  ACCREDITED  BY  THE  ACCREDITATION COUNCIL FOR PHARMACY
 EDUCATION, THAT MAY INCLUDE  EDUCATIONAL  EXPERIENCES  OBTAINED  THROUGH
 PHARMACY SCHOOL CURRICULA, OR A SIMILAR HEALTH AUTHORITY OR PROFESSIONAL
 BODY  APPROPRIATE  FOR  THE  MEDICATIONS  BEING  ADMINISTERED  AND THEIR
 RESPECTIVE PATIENT POPULATIONS. SUCH TRAINING MUST  BE  SATISFACTORY  TO
 THE  COMMISSIONER AND THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE
 BOARD OF PHARMACY AND ANY OTHER  STATE  AGENCIES,  AS  NECESSARY,  WHICH
 SHALL  INCLUDE, BUT NOT BE LIMITED TO LEARNING MODULES ON TECHNIQUES FOR
 ADMINISTRATION BY INJECTIONS, INDICATIONS, PRECAUTIONS, AND  CONTRAINDI-

 A. 3830--A                          5
 
 CATIONS  IN  THE USE OF AGENT OR AGENTS; RECORD KEEPING AND INFORMATION;
 AND  HANDLING  EMERGENCIES,  INCLUDING  ANAPHYLAXIS,  NEEDLE-STICKS  AND
 CARDIOPULMONARY RESUSCITATION.
   (II) MAINTAINING CONTINUED COMPETENCY REGARDING THE POPULATIONS SERVED
 AND MEDICATIONS ADMINISTERED.
   (III)  PRE-ADMINISTRATION  PATIENT  CONSENT  AND  EDUCATION  REGARDING
 COMMON SIDE EFFECTS, DRUG INTERACTIONS,  INJECTION  SITE  REACTIONS  AND
 OTHER INFORMATION ROUTINELY PROVIDED TO PATIENTS UPON DISPENSING.
   (IV)  WHEN  ADMINISTERING  AN  INJECTION IN A PHARMACY, THE PHARMACIST
 SHALL PROVIDE AN AREA FOR THE INJECTION THAT PROVIDES FOR THE  PATIENT'S
 PRIVACY.
   (V)  RECORD KEEPING AND REPORTING OF SUCH ADMINISTRATION BY ELECTRONIC
 TRANSMISSION OR FACSIMILE TO THE PATIENT'S LICENSED PRESCRIBER, AND,  TO
 THE EXTENT PRACTICABLE, MAKE HIMSELF OR HERSELF AVAILABLE TO DISCUSS THE
 OUTCOME  OF  SUCH  INJECTION,  INCLUDING ANY ADVERSE REACTIONS, WITH THE
 LICENSED PRESCRIBER.
   § 4. 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, AND ANY OTHER STATE AGENCIES, AS NECESSARY.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that:
   a. the amendments to subdivision 22 of section 6802 of  the  education
 law  made  by section one of this act shall be subject to the expiration
 and reversion of such subdivision pursuant to section 4 of  chapter  110
 of  the  laws of 2020, as amended, when upon such date the provisions of
 section two of this act shall take effect;  provided,  however,  if  the
 provisions  of section two of this act shall not have taken effect prior
 to the repeal of such subdivision pursuant to section 8 of  chapter  563
 of  the  laws  of 2008, as amended, such amendments shall not affect the
 repeal of such subdivision and shall be deemed to repeal therewith;
   b. provided, further, the amendments to subdivision 22 of section 6802
 of the education law made by section two of this act shall  take  effect
 on  the  same date and in the same manner as section 2 of chapter 110 of
 the laws of 2020, takes effect; provided, however, if section 2 of chap-
 ter 110 of the laws of 2020 takes effect prior to the effective date  of
 this  act,  section  two of this section shall not take effect until the
 one hundred eightieth day after it shall have  become  a  law;  provided
 that such amendments made by section two of this act shall be subject to
 the  expiration  and reversion of such subdivision pursuant to section 4
 of chapter 110 of the laws of 2020, as amended, when upon such date  the
 provisions of section three of this act shall take effect;
   c.  provided, further that 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 repeal
 therewith; and
   d. provided, further, 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  repealed  therewith.  Effective  imme-
 diately, 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 commissioner of education on
 or before such date.