NY State Senate Bill 2021-S2024

Senate Bill S2024

2021-2022 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to higher education
Jan 16, 2021	referred to higher education

co-Sponsors

2021-S2024 (ACTIVE) - Details

See Assembly Version of this Bill:: A1221
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
2019-2020: S5227, A6511

2021-S2024 (ACTIVE) - Summary

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

2021-S2024 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2024

SPONSOR: MAY
 
TITLE OF BILL:

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; 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; and repealing certain provisions of the education
law relating to the administration of certain immunizing agents

 
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:

2019-2020 - S.5227 (May) Referred to Higher Education/A.6511-A (Paulin)
Referred to Higher Education

2017-2018 - A.455 (Paulin) Referred to Higher Education

2015-2016 - S.7321 (Robach) Referred to Higher Education /A.9529
(Paulin) Referred to Higher Education

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S2024 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2024
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by Sens. MAY, ADDABBO, BROOKS, KRUEGER, RIVERA -- 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; 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; and repealing certain provisions of  the  educa-
   tion law relating to the administration of certain immunizing agents
 
   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  is
 REPEALED and a new subdivision 7 is added 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 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. 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 is REPEALED
 and a new subdivision 22 is added 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, FOR IMMUNIZA-
 TIONS AND VACCINES LISTED IN THE RECOMMENDED ADULT IMMUNIZATION SCHEDULE

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02058-01-1

 S. 2024                             2

 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, FOR IMMUNIZATION TO PREVENT INFLU-
 ENZA AND MEDICATIONS REQUIRED FOR  EMERGENCY  TREATMENT  OF  ANAPHYLAXIS
 RESULTING  FROM  SUCH IMMUNIZATION. IF THE COMMISSIONER OF HEALTH DETER-
 MINES THAT THERE IS AN OUTBREAK OF INFLUENZA, OR THAT THERE IS THE IMMI-
 NENT 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  is  REPEALED
 and a new subdivision 7 is added 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 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. 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 18 of  part
 BB of chapter 56 of the laws of 2020, 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,
 2022].
   § 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  19 of part BB of chapter 56 of the laws of 2020, 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, 2022 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;
   (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 S2024

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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

2021-S2024 (ACTIVE) - Details

2021-S2024 (ACTIVE) - Summary

2021-S2024 (ACTIVE) - Sponsor Memo

2021-S2024 (ACTIVE) - Bill Text download pdf

Comments