S T A T E O F N E W Y O R K
________________________________________________________________________
4848
2019-2020 Regular Sessions
I N S E N A T E
March 27, 2019
___________
Introduced by Sen. BRESLIN -- 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 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 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00670-01-9
S. 4848 2
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 INJECTING 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 IN CONSULTATION WITH THE BOARD OF PHARMACY.
§ 2. 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.
§ 3. 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 not affect the repeal of such
subdivision and shall be deemed to expire therewith; and
b. the amendments to section 6801 of the education law made by section
two of this act shall not affect the expiration of such section and
shall be deemed to expire therewith. Effective immediately, the addi-
tion, 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.
