NY State Senate Bill 2021-S1742

Senate Bill S1742

2021-2022 Legislative Session

Relates to allowing for the testing of certain infectious diseases by pharmacists during a state of emergency

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health 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 05, 2022	referred to health
Jun 10, 2021	committed to rules
Mar 11, 2021	advanced to third reading
Mar 10, 2021	2nd report cal.
Mar 09, 2021	1st report cal.540
Jan 14, 2021	referred to health

Votes

- Mar 9, 2021 - Health Committee Vote
  S1742
  
  11
  
  Aye
  
  4
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Mar 9, 2021
      
      aye (11)
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Brouk
      
      Hoylman-Sigal
      
      Kaminsky
      
      May
      
      Rivera
      
      Ryan
      
      Salazar
      
      Thomas
      
      nay (4)
      
      Gallivan
      
      Oberacker
      
      Rath III
      
      Stec

co-Sponsors

2021-S1742 (ACTIVE) - Details

See Assembly Version of this Bill:: A1534
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §579, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8570, A10699
2023-2024: S5263, A9979

2021-S1742 (ACTIVE) - Summary

Allows for the testing of certain infectious diseases by pharmacists.

2021-S1742 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1742

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the public health law, in relation to allowing for the
testing of certain infectious diseases at pharmacies

 
PURPOSE:

To permit licensed pharmacists to order and administer infectious
diseases tests approved by the FDA in a declared state of emergency.

 
SUMMARY OF PROVISIONS:

Section 1: Amends Section 579 of the Public Health Law by adding subdi-
vision 4, to permit licensed pharmacists, during a declared state of
emergency, to order and administer tests to patients suspected of an
infectious disease or its antibodies, provided such test is approved by
the Food and Drug Administration (FDA). Requires certification of waiver
requirements pursuant to the Federal Clinical Laboratory Improvement Act

of 1988 and requires such pharmacists complete appropriate training
developed by the FDA. Designates licensed pharmacists as qualified
healthcare professionals for the purpose of directing a limited service
laboratory, for the purpose of testing patients, provided such test is
approved by the FDA and waived for its use in a limited service labora-
tory.

Section 2: Effective date.

 
JUSTIFICATION:

As was evident with the initial spread of COVID-19 in New York State,
the demands placed upon hospitals and healthcare providers are often
overwhelming. Permitting licensed pharmacists to order and administer
such tests will lessen the burden placed on our hospitals by freeing up
physicians, nurses and other healthcare providers to actively provide
patient care, allowing for the more efficient treatment of patients. The
bill will codify temporary provisions included in Executive Order
No.202.24.

 
LEGISLATIVE HISTORY:

2020 - S8570 Referred to Rules

Assembly

2020 - A10699 Referred to Higher Education

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S1742 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1742
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by  Sens.  SKOUFIS,  ADDABBO, HOYLMAN, LIU -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Health
 
 AN  ACT  to amend the public health law, in relation to allowing for the
   testing of certain infectious diseases at pharmacies

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 579 of the public health law is amended by adding a
 new subdivision 4 to read as follows:
   4. (A) THIS TITLE SHALL NOT BE APPLICABLE IN A DECLARED STATE OF EMER-
 GENCY,  PURSUANT  TO  SECTION  TWENTY-EIGHT OF THE EXECUTIVE LAW, TO ANY
 LICENSED PHARMACISTS ORDERING INFECTIOUS DISEASE TESTS, APPROVED BY  THE
 FOOD  AND  DRUG  ADMINISTRATION, TO DETECT THE INFECTIOUS DISEASE OR ITS
 ANTIBODIES, AND ADMINISTERING SUCH  TESTS,  SUBJECT  TO  CERTIFICATE  OF
 WAIVER REQUIREMENTS PURSUANT TO THE FEDERAL CLINICAL LABORATORY IMPROVE-
 MENT  ACT  OF NINETEEN HUNDRED EIGHTY-EIGHT, TO PATIENTS SUSPECTED OF AN
 INFECTIOUS DISEASE, OR SUSPECTED OF HAVING RECOVERED FROM AN  INFECTIOUS
 DISEASE,  SUBJECT TO COMPLETION OF APPROPRIATE TRAINING DEVELOPED BY THE
 DEPARTMENT.
   (B) IN A DECLARED STATE OF EMERGENCY, PURSUANT TO SECTION TWENTY-EIGHT
 OF THE EXECUTIVE LAW, LICENSED PHARMACISTS  SHALL  BE  DESIGNATED  AS  A
 QUALIFIED HEALTHCARE PROFESSIONAL FOR THE PURPOSE OF DIRECTING A LIMITED
 SERVICE  LABORATORY,  PURSUANT  TO SUBDIVISION THREE OF THIS SECTION, TO
 TEST PATIENTS SUSPECTED OF  AN  INFECTIOUS  DISEASE  OR  ITS  ANTIBODIES
 PROVIDED  THAT SUCH TEST IS APPROVED BY THE FOOD AND DRUG ADMINISTRATION
 AND WAIVED FOR ITS USE IN A LIMITED SERVICE LABORATORY.
   § 2. This act shall take effect immediately.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00593-01-1

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Senate Bill S1742

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Sponsored By

James Skoufis