S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    867
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. GOTTFRIED, SAYEGH -- read once and referred 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, 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 7 of section 6527 of the education law,  as  amended
 by chapter 110 of the laws of 2020, 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, COVID-19, 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00781-01-1

 A. 867                              2
 
   §  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. 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, 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.
   §  4.  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. 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, HEPATITIS B, meningococcal, tetanus,
 diphtheria, COVID-19, or pertussis disease and medications required  for
 emergency treatment of anaphylaxis. If the commissioner of health deter-
 mines  that  there is an outbreak of disease, or that there is the immi-
 nent 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,

 A. 867                              3
 
 then the commissioner of health may issue a non-patient specific regimen
 applicable statewide.
   § 5. 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.
   § 6. Subdivision 7 of section 6909 of the education law, as amended by
 chapter 110 of the laws of 2020, 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, COVID-19, or pertussis  disease  and
 medications  required for emergency treatment of anaphylaxis. Nothing in
 this subdivision shall authorize unlicensed persons to administer immun-
 izations, vaccines or other drugs.
   § 7. This act shall take effect immediately; provided,  however,  that
 sections  two,  four  and  six of this act shall take effect on the same
 date and in the same manner as chapter 110 of the  laws  of  2020  takes
 effect  and shall expire and be deemed repealed pursuant to section four
 of chapter 110 of the laws of 2020; and
   (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 three 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 five of this act shall not affect the expiration of
 such subdivision and shall be deemed to expire therewith.