NY State Senate Bill 2019-S2250A

Senate Bill S2250A

2019-2020 Legislative Session

Authorizes pharmacists and certified nurse practitioners to provide hepatitis A and hepatitis B immunizations

download bill text pdf

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to higher education
May 10, 2019	print number 2250a
May 10, 2019	amend and recommit to higher education
Jan 23, 2019	referred to higher education

Bill Amendments

Original

A (Active)

2019-S2250 - Details

See Assembly Version of this Bill:: A2900
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6527, 6802 & 6909, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7189, A9073
2021-2022: S42, A867

2019-S2250 - Summary

Authorizes pharmacists and certified nurse practitioners to provide hepatitis A and hepatitis B immunizations.

2019-S2250 - Sponsor Memo

                                
 
BILL NUMBER: S2250

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the education law, in relation to pharmacist immuniza-
tions

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 7 of section 6527 of the educa-
tion law, as amended by chapter 46 of the laws of 2015 to add hepatitis
A to the list of diseases for which a licensed physician may prescribe
and order a patient specific order or non-patient specific regimen to a
licensed pharmacist for administering immunizations.

Section 2 of the bill amends subdivision 22 of section 6802 of the
education law, as amended by chapter 46 of the laws of 2015 to add hepa-
titis A to the list of diseases found in the definition of "administer,"
for the purposes of section 6801 of the education law.

Section 3 of the bill amends subdivision 22 of section 6802 of the

education law, as added by chapter 563 of the laws of 2008 to add hepa-
titis A to the list of diseases found in the definition of "administer,"
for the purposes of section 6801 of the education law.

Section 4 of the bill amends section 7 of section 6909 of the education
law, as amended by chapter 46 of the laws of 2015 to add hepatitis A to
the list of diseases for which a certified nurse practitioner may
prescribe and order a patient specific order or non-patient specific
regimen to a licensed pharmacist for administering immunizations.

Section 5 of the bill is the effective date.

 
JUSTIFICATION:

According to the Centers for Disease Control and Prevention (CDC), hepa-
titis A is a highly contagious, serious liver disease that often mani-
fests as fever, fatigue, loss of appetite, nausea, vomiting, joint
point, severe stomach pains and diarrhea, and/or jaundice, and can lead
to liver failure or death. Since 1996, hepatitis A vaccinations have
been recommended for adults in the United States, and the number of
cases reported annually has dropped from 31,000 to approximately 100
nationwide. Approximately 50 percent of adults with hepatitis A are
hospitalized.

The CDC recommends that people should get the hepatitis A vaccination if
they are traveling to countries where hepatitis A is common; if they are
a man who has sex with other men; if they use illegal drugs; if they
have chronic liver diseases such as hepatitis B or C; if they are being
treated with clotting-factor concentrates; if they work with hepatitis
A-infected animals or in a hepatitis A research laboratory; or if they
expect to have close personal contact with an international adoptee from
a country where hepatitis A is common. In New York City, the estimated
hepatitis A vaccination rate for children ages 11-18 was 93 percent for
one dose and 80% for the recommended two doses in 2016. However, many
adults have not been vaccinated and remain susceptible.


New York is the only state that does not authorize ,phatmicists to
administer hepatitis A vaccinations. Forty-six states plus Washington,
D.C. and Puerto Rico permit pharmacists to give any vaccination approved
by the CDC's Advisory Committee on Immunization Practices (ACIP) -
including hepatitis A and three other states (Florida, West Virginia,
and Wyoming) explicitly allow pharmacists to administer the hepatitis A
vaccine.

In September 2017, the New York City Health Department reported an
outbreak of hepatitis A among 40 men living in the City, primarily men
who had sex or sexual contact with other men - representing a 10-fold
increase over previous years The Health Department has recommended that
men who have regular sexual contact with other men receive the vaccine
for the disease.

New York State already allows pharmacists and certified nurse practi-
tioners to administer vaccinations for influenza, pneumococcal, acute
herpes zoster, meningococcal, tetanus, diphtheria or pertussis disease.
Making the vaccination for hepatitis A more widely available will help
quell the current outbreak of the disease and prevent future outbreaks.

 
LEGISLATIVE HISTORY:

S.7189-A of 2018 (Hoylman): Died in Higher Education

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
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 subdivi-
sion 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 there-
with; 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.

2019-S2250 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2250
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed 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 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, meningococcal, tetanus, diphtheria or
 pertussis disease and medications required for  emergency  treatment  of
 anaphylaxis.  If  the commissioner of health determines that there is an

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

                                                            LBD03797-02-9

 S. 2250                             2
 
 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, 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.
   § 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 repeal of such
 subdivision and shall be deemed to be 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.

2019-S2250A (ACTIVE) - Details

See Assembly Version of this Bill:: A2900
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6527, 6802 & 6909, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7189, A9073
2021-2022: S42, A867

2019-S2250A (ACTIVE) - Summary

Authorizes pharmacists and certified nurse practitioners to provide hepatitis A and hepatitis B immunizations.

2019-S2250A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2250A

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the education law, in relation to
pharmacist immunizations

 
PURPOSE OR GENERAL IDEA OF BILL:

Authorizes pharmacists and certified nurse practitioners to provide
immunizations for hepatitis A and hepatitis B.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 7 of section 6527 of the educa-
tion law to add hepatitis A and hepatitis B to the list of diseases for
which a licensed physician may prescribe and order a patient specific
order or non-patient specific regimen to a licensed pharmacist for
administering immunizations.

Section 2 of the bill amends subdivision 22 of section 6802 of the
education law to add hepatitis A and hepatitis B to the list of diseases

found in the definition of "administer," for the purposes of section
6801 of the education law.

Section 3 of the bill amends subdivision 7 of section 6909 of the educa-
tion law to add hepatitis A and hepatitis B to the list of diseases for
which a certified nurse practitioner may prescribe and order a patient-
specific order or non-patient specific regimen to a licensed pharmacist
for administering immunizations.

Section 4 of the bill establishes the effective date.

 
JUSTIFICATION:

Hepatitis A and B are both serious, highly communicable diseases of the
liver caused by viral infections. However, both diseases are vaccine
preventable and the Centers for Disease Control and Prevention (CDC)
recommend vaccination as the best way to prevent these diseases.

According to the CDC, hepatitis A is a highly contagious, serious liver
disease that often manifests as fever, fatigue, loss of appetite,
nausea, vomiting, joint pain, severe stomach pains and diarrhea, and/or
jaundice, and can lead to liver failure or death.  Since 1996, hepatitis
A vaccinations have been recommended for adults in the United States,
and the number of cases reported annually has dropped from 31,000 to
approximately 100 nationwide. Approximately 50 percent of adults with
hepatitis A are hospitalized.

The CDC recommends that people, should get the hepatitis A vaccination
if they are traveling to countries where hepatitis A is common; if they
are a man who has sex with other men; if they,uge illegal drugs; if they
have chronic liver diseases such as hepatitis B or.C; if they are being
treated with clotting-factor concentrates; if they work with hepatitis
A-infected animals or in a hepatitis A research laboratory; or if they
expect to have close personal contact with an international adoptee from
a country where hepatitis :A is common. In New York City, the estimated
hepatitis A vaccination rate for children ages 11-18 was 93 percent for
one dose and 80% for the recommended two doses in 2016. However, many
adults have not been vaccinated and remain susceptible.
Additionally, the CDC designates the following populations to be at risk
for hepatitis B: infants born to infected mothers; sex partners of
infected persons; men who have sex with other men; injection drug users;
household members or sexual partners of someone with a chronic HBV
infection; health care and public safety workerp at risk for occupa-
tional exposure to blood or blood-contaminated body fluids; and hemo-
dialysis patients.

New York is the only state that does not authorize pharmacists to admin-
ister hepatitis A and B vaccinations. Forty-six states plus Washington,
D.C. and Puerto Rico permit pharmacists to give any vaccination approved
by the CDC's Advisory Committee on immunization Practices (ACIP) -
including hepatitis A and B - and three other states (Florida, West
Virginia, and Wyoming) explicitly allow pharmacists to administer the
hepatitis A and B vaccine.

In September 2017, the New York City Health Department reported an
outbreak of hepatitis A among 40 men living in the City, primarily men
who had sex or sexual contact with other men - representing a 10-fold
increase over previous years The Health Department has recommended that
men who have regular sexual contact with other men receive the vaccine
for the disease.

More recently, New York City Health officials have reported at least 17
cases of Hepatitis A among men who have sex with men so far in 2019.
None of those 17 patients had received the hepatitis A vaccine, and City
Officials urged all men who have sex with men to receive their vaccina-
tions.

New York State already allows pharmacists and certified nurse practi-
tioners to administer vaccinations for influenza, pneumococcal, acute
herpes zoster, meningococcal, tetanus, diphtheria or pertussis disease.
Making the vaccination for hepatitis A and B more widely available will
help quell the current outbreak of the disease and prevent future
outbreaks.

 
LEGISLATIVE HISTORY:

2018: S.7189-A (Hoylman) - Died in Higher Education

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
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
of such subdivision pursuant to section 8 of chapter 563 of the laws of
2008, as amended, and shall be deemed repealed therewith;
(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.

2019-S2250A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2250--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Higher  Education  --
   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
 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03797-03-9

 S. 2250--A                          2
 
 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.

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