NY State Senate Bill 2019-S5227

Senate Bill S5227

2019-2020 Legislative Session

Relates to pharmacist immunizations and emergency treatment of anaphylaxis; makes certain provisions permanent

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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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to higher education
Jun 20, 2019	committed to rules
May 29, 2019	advanced to third reading
May 22, 2019	2nd report cal.
May 21, 2019	1st report cal.830
Apr 17, 2019	referred to higher education

Votes

- May 21, 2019 - Higher Education Committee Vote
  S5227
  
  10
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Higher Education Committee Vote: May 21, 2019
      
      aye (10)
      
      Amedore
      
      Breslin
      
      Gaughran
      
      Gounardes
      
      Jackson
      
      May
      
      Robach
      
      Serrano
      
      Seward
      
      Stavisky
      
      aye wr (1)
      
      LaValle

co-Sponsors

2019-S5227 (ACTIVE) - Details

See Assembly Version of this Bill:: A6511
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6527, 6802 & 6909, Ed L; amd §8, Chap 563 of 2008; amd §5, Chap 116 of 2012
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9529
2017-2018: A455
2021-2022: S2024, A1221

2019-S5227 (ACTIVE) - Summary

Relates to pharmacist immunizations and emergency treatment of anaphylaxis; makes certain provisions permanent.

2019-S5227 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5227

SPONSOR: MAY
 
TITLE OF BILL:  An act to amend the education law, in relation to
pharmacist immunizations and emergency treatment of anaphylaxis; to
amend chapter 563 of the laws of 2008, amending the education law and
the public health law relating to immunizing agents to be administered
to adults by pharmacists, in relation to making certain provisions
permanent; and to amend chapter 116 of the laws of 2012, amending the
education law relating to authorizing a licensed pharmacist and certi-
fied nurse practitioner to administer certain immunizing agents, in
relation to making certain provisions permanent

 
PURPOSE:

To permit pharmacists to administer immunizations and vaccines listed in
the recommended adult immunization schedule by the Centers for Disease
Control and Prevention.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subdivision 7 of section 6527 of the
education law to authorize physicians to prescribe and order a patient
specific regimen or non-specific patient regimen to a licensed pharma-
cist for administering vaccines listed in the recommended adult immuni-
zation schedule by the Centers for Disease Control and Prevention.

Section two of the bill amends subdivision 22 of section 6802 of the
education law, amending the definition of "administer." This section
eliminates the requirement that the prescribing physician or nurse prac-
titioner have a practice site in the county or adjoining county and
allows pharmacists to administer all vaccines and immunizations listed
in the recommended adult immunization schedule by the Centers for
Disease Control and Prevention. This requirement is also eliminated for
child flu immunizations and for the administering of medications
required for emergency treatment of anaphylaxis resulting from such
immunization.

Section three of the bill amends subdivision 7 of section 6909 of the
education law to authorize certified nurse practitioners to prescribe
and order a patient specific order or non-patient specific regimen to a
licensed pharmacist for administering immunizations and vaccines listed
on the recommended adult immunization schedule by the Centers for
Disease Control and Prevention.

Section four amends section 8 of Chapter 563 of the laws of 2008 relat-
ing to immunizing agents to be administered to adults by pharmacists, by
eliminating the expiration and repeal date.

Section five amends section 5 of Chapter 116 of the laws of 2012 author-
izing a licensed pharmacist and certified nurse practitioner to adminis-
ter certain vaccines, by eliminating the expiration and repeal date.

Section six provides the effective date.

 
JUSTIFICATION:

Immunizations are the best defense against morbidity and mortality for
diseases for which vaccines are available and studies have shown that
pharmacist-provided immunizations increase overall immunization rates.
Pharmacists in New York have been permitted to give immunizations to
adults for influenza and pneumococcal since 2008.  Due to the success
with these vaccines, the legislature subsequently passed laws to allow
pharmacists to administer immunizations to prevent shingles, meningitis,
tetanus, diphtheria, and pertussis.  This bill will expand their author-
ity to permit pharmacists to administer all immunizations and vaccines
listed in the recommended adult immunization schedule by the Centers for
Disease Control and Prevention.

Under these new provisions, a physician or a nurse practitioner will be
able to issue a patient-specific prescription or a non-specific patient
regimen for a pharmacist to administer these recommended adult vaccines.
The bill also eliminates the requirement that the prescribing physician
of nurse practitioner have a practice site in the county or adjoining
county.

Providing this additional access point of pharmacists-as-immunizers will
significantly expand the availability of CDC adult recommended vaccines
and address two critical issues -- namely the critical shortage of
primary-care physicians statewide, particularly in rural areas that make
adequate healthcare accessibility difficult, and the fact that many U.S.
adults are skipping recommended vaccinations that could protect them
from serious or life-threatening diseases. New York is one of only four
states that do not allow pharmacists to administer all CDC adult recom-
mended vaccines. The primary way to increase the very low immunization
rate among adults is to allow pharmacists to administer them directly to
the public, as provided in this legislation.

 
LEGISLATIVE HISTORY:

2017-18: A.455 Referred to Higher Education.
2016: S.7321/A.9529 Referred to Higher Education

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2019-S5227 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5227
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 17, 2019
                                ___________
 
 Introduced  by  Sens. MAY, BROOKS -- 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  and emergency treatment of anaphylaxis; to amend chapter 563 of
   the laws of 2008, amending the education law and the public health law
   relating to immunizing agents to be administered to adults by  pharma-
   cists,  in  relation  to  making  certain provisions permanent; and to
   amend chapter 116 of the laws of  2012,  amending  the  education  law
   relating  to  authorizing  a  licensed  pharmacist and certified nurse
   practitioner to administer certain immunizing agents, in  relation  to
   making certain provisions permanent
 
   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  influen-
 za,  pneumococcal, acute herpes zoster, meningococcal, tetanus, diphthe-
 ria or pertussis disease] AND VACCINES LISTED IN THE  RECOMMENDED  ADULT
 IMMUNIZATION  SCHEDULE BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION
 and medications required for emergency treatment of anaphylaxis.   Noth-
 ing 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:

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

                                                            LBD07157-05-9

 S. 5227                             2
 
   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, meningococcal,  tetanus,  diphtheria  or  pertussis
 disease] AND VACCINES LISTED IN THE RECOMMENDED ADULT IMMUNIZATION SCHE-
 DULE  BY  THE CENTERS FOR DISEASE CONTROL AND PREVENTION 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, meningococcal, tetanus,
 diphtheria or pertussis disease] AND VACCINES LISTED IN THE  RECOMMENDED
 ADULT  IMMUNIZATION  SCHEDULE  BY  THE  CENTERS  FOR DISEASE CONTROL AND
 PREVENTION and medications required for emergency treatment  of  anaphy-
 laxis.    Nothing in this subdivision shall authorize unlicensed persons
 to administer immunizations, vaccines or other drugs.
   § 4. Section 8 of chapter 563 of the laws of 2008, amending the educa-
 tion law and the public health law relating to immunizing agents  to  be
 administered  to  adults by pharmacists, as amended by section 3 of part
 DD of chapter 57 of the laws of 2018, is amended to read as follows:
   § 8. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law  [and  shall  expire and be deemed repealed July 1,
 2020].
   § 5. Section 5 of chapter 116 of the laws of 2012, amending the educa-
 tion law relating to authorizing a  licensed  pharmacist  and  certified
 nurse  practitioner  to administer certain immunizing agents, as amended
 by section 4 of part DD of chapter 57 of the laws of 2018, is amended to
 read as follows:
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a law[, provided, however, that the provisions of sections
 one, two and four of this act shall expire and be deemed  repealed  July
 1, 2020 provided, 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 repeal of  such
 subdivision and shall be deemed to be repealed therewith;

 S. 5227                             3

   (b)  the  amendments to subdivision 7 of section 6909 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;
   (c)  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 be repealed therewith; and
   (d)  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 to expire therewith].
   § 6. This act shall take effect immediately.

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Senate Bill S5227

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Sponsored By

Rachel May

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

co-Sponsors

Joseph P. Addabbo Jr.

John E. Brooks

Liz Krueger

Gustavo Rivera

2019-S5227 (ACTIVE) - Details

2019-S5227 (ACTIVE) - Summary

2019-S5227 (ACTIVE) - Sponsor Memo

2019-S5227 (ACTIVE) - Bill Text download pdf

Comments