S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8182--A
 
                             I N  S E N A T E
 
                              April 13, 2020
                                ___________
 
 Introduced  by  Sens.  HOYLMAN,  BENJAMIN,  BROOKS,  KAPLAN, MONTGOMERY,
   SEPULVEDA, SKOUFIS -- 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 authorizing licensed
   pharmacists to  administer  an  approved  vaccine  for  COVID-19;  and
   providing for the repeal of such provisions upon expiration thereof
 
   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, meningococcal,  tetanus,  diphtheria,
 COVID-19,  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,  meningococcal, tetanus, diphtheria, COVID-19, or
 pertussis disease and medications required for  emergency  treatment  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16067-03-0

 S. 8182--A                          2
 
 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, COVID-19, 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 no sooner than ninety days from the
 date of approval of a COVID-19 immunization by the  United  States  Food
 and  Drug  Administration's Center for Biologics Evaluation and Research
 and shall expire and be deemed repealed July 1, 2022;  provided  further
 that this act shall not take effect until the commissioner of health and
 the commissioner of education jointly certify that the administration of
 such  immunization pursuant to this act would be in the best interest of
 public health; provided that the commissioner of health and the  commis-
 sioner  of  education shall notify the legislative bill drafting commis-
 sion upon the occurrence of such certification in order that the commis-
 sion may maintain an accurate and timely  effective  data  base  of  the
 official  text  of  the  laws of the state of New York in furtherance of
 effectuating the provisions of section 44 of  the  legislative  law  and
 section 70-b of the public officers law; provided further, 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 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.