S T A T E O F N E W Y O R K
________________________________________________________________________
4807--A
Cal. No. 1136
2021-2022 Regular Sessions
I N S E N A T E
February 12, 2021
___________
Introduced by Sens. STAVISKY, ADDABBO, BENJAMIN, BOYLE, BROOKS, COMRIE,
COONEY, GALLIVAN, GOUNARDES, HINCHEY, HOYLMAN, JACKSON, KAMINSKY,
PARKER, REICHLIN-MELNICK, SALAZAR, SKOUFIS -- read twice and ordered
printed, and when printed to be committed to the Committee on Health
-- committee discharged and said bill committed to the Committee on
Higher Education -- reported favorably from said committee, ordered to
first and second report, amended on second report, ordered to a third
reading, and to be reprinted as amended, retaining its place in the
order of third reading
AN ACT to amend the education law, in relation to authorizing the admin-
istration of vaccines for hepatitis A, hepatitis B, human papillomavi-
rus, measles, mumps, rubella, varicella and COVID-19 by a licensed
pharmacist and requiring pharmacists who administer immunizations to
report the immunizations to the department of health; and 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, 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, chap-
ter 274 of the laws of 2013, amending the education law relating to
authorizing a licensed pharmacist and certified nurse practitioner to
administer meningococcal disease immunizing agents, and chapter 110 of
the laws of 2020, amending the education law relating to authorizing
licensed pharmacists to administer an approved vaccine for COVID-19,
in relation to making such 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 110 of the laws of 2020, is amended to read as
follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09371-08-1
S. 4807--A 2
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: (A) administering immunizations to prevent
influenza[,] TO PATIENTS TWO YEARS OF AGE OR OLDER; AND (B) ADMINISTER-
ING IMMUNIZATIONS TO PREVENT pneumococcal, acute herpes zoster, HEPATI-
TIS A, HEPATITIS B, HUMAN PAPILLOMAVIRUS, MEASLES, MUMPS, RUBELLA, VARI-
CELLA, COVID-19, meningococcal, tetanus, diphtheria[, COVID-19,] or
pertussis disease and medications required for emergency treatment of
anaphylaxis TO PATIENTS EIGHTEEN YEARS OF AGE OR OLDER; AND (C) ADMINIS-
TERING OTHER IMMUNIZATIONS RECOMMENDED BY THE ADVISORY COMMITTEE ON
IMMUNIZATION PRACTICES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION
FOR PATIENTS EIGHTEEN YEARS OF AGE OR OLDER IF THE COMMISSIONER OF
HEALTH IN CONSULTATION WITH THE COMMISSIONER DETERMINES THAT AN IMMUNI-
ZATION: (I) (A) MAY BE SAFELY ADMINISTERED BY A LICENSED PHARMACIST
WITHIN THEIR LAWFUL SCOPE OF PRACTICE; AND (B) IS NEEDED TO PREVENT THE
TRANSMISSION OF A REPORTABLE COMMUNICABLE DISEASE THAT IS PREVALENT IN
NEW YORK STATE; OR (II) IS A RECOMMENDED IMMUNIZATION FOR SUCH PATIENTS
WHO: (A) MEET AGE REQUIREMENTS, (B) LACK DOCUMENTATION OF SUCH IMMUNIZA-
TION, (C) LACK EVIDENCE OF PAST INFECTION, OR (D) HAVE AN ADDITIONAL
RISK FACTOR OR ANOTHER INDICATION AS RECOMMENDED BY THE ADVISORY COMMIT-
TEE ON IMMUNIZATION PRACTICES OF THE CENTERS FOR DISEASE CONTROL AND
PREVENTION. 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 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, HUMAN PAPILLOMAVIRUS,
MEASLES, MUMPS, RUBELLA, VARICELLA, COVID-19, meningococcal, tetanus,
diphtheria[, COVID-19,] or pertussis disease and medications required
for emergency treatment of anaphylaxis; AND OTHER IMMUNIZATIONS RECOM-
MENDED BY THE ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES OF THE
CENTERS FOR DISEASE CONTROL AND PREVENTION FOR PATIENTS EIGHTEEN YEARS
OF AGE OR OLDER IF THE COMMISSIONER OF HEALTH IN CONSULTATION WITH THE
COMMISSIONER DETERMINES THAT AN IMMUNIZATION: (I)(A) MAY BE SAFELY
ADMINISTERED BY A LICENSED PHARMACIST WITHIN THEIR LAWFUL SCOPE OF PRAC-
TICE; AND (B) IS NEEDED TO PREVENT THE TRANSMISSION OF A REPORTABLE
COMMUNICABLE DISEASE THAT IS PREVALENT IN NEW YORK STATE; OR (II) IS A
RECOMMENDED IMMUNIZATION FOR SUCH PATIENTS WHO: (A) MEET AGE REQUIRE-
MENTS, (B) LACK DOCUMENTATION OF SUCH IMMUNIZATION, (C) LACK EVIDENCE OF
PAST INFECTION, OR (D) HAVE AN ADDITIONAL RISK FACTOR OR ANOTHER INDI-
CATION AS RECOMMENDED BY THE ADVISORY COMMITTEE ON IMMUNIZATION PRAC-
TICES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION. If the commis-
sioner 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 applica-
ble 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-
S. 4807--A 3
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 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: (A) administering immunizations to
prevent influenza[,] TO PATIENTS TWO YEARS OF AGE OR OLDER; AND (B)
ADMINISTERING IMMUNIZATIONS TO PREVENT pneumococcal, acute herpes zost-
er, HEPATITIS A, HEPATITIS B, HUMAN PAPILLOMAVIRUS, MEASLES, MUMPS,
RUBELLA, VARICELLA, COVID-19, meningococcal, tetanus, diphtheria[,
COVID-19,] or pertussis disease and medications required for emergency
treatment of anaphylaxis TO PATIENTS EIGHTEEN YEARS OF AGE OR OLDER; AND
(C) ADMINISTERING OTHER IMMUNIZATIONS RECOMMENDED BY THE ADVISORY
COMMITTEE ON IMMUNIZATION PRACTICES OF THE CENTERS FOR DISEASE CONTROL
AND PREVENTION FOR PATIENTS EIGHTEEN YEARS OF AGE OR OLDER IF THE
COMMISSIONER OF HEALTH IN CONSULTATION WITH THE COMMISSIONER DETERMINES
THAT AN IMMUNIZATION: (I) (A) MAY BE SAFELY ADMINISTERED BY A LICENSED
PHARMACIST WITHIN THEIR LAWFUL SCOPE OF PRACTICE; AND (B) IS NEEDED TO
PREVENT THE TRANSMISSION OF A REPORTABLE COMMUNICABLE DISEASE THAT IS
PREVALENT IN NEW YORK STATE; OR (II) IS A RECOMMENDED IMMUNIZATION
FOR SUCH PATIENTS WHO: (A) MEET AGE REQUIREMENTS, (B) LACK DOCUMENTATION
OF SUCH IMMUNIZATION, (C) LACK EVIDENCE OF PAST INFECTION, OR (D) HAVE
AN ADDITIONAL RISK FACTOR OR ANOTHER INDICATION AS RECOMMENDED BY THE
ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES OF THE CENTERS FOR DISEASE
CONTROL AND PREVENTION. Nothing in this subdivision shall authorize
unlicensed persons to administer immunizations, vaccines or other drugs.
§ 4. A licensed pharmacist who administers an immunization pursuant to
this act shall report the immunization to the department of health
either through the statewide immunization information system or the
citywide immunization registry under section 2168 of the public health
law, notwithstanding any provision of that section to the contrary.
§ 5. 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].
§ 6. 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
S. 4807--A 4
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].
§ 7. Section 4 of chapter 274 of the laws of 2013, amending the educa-
tion law relating to authorizing a licensed pharmacist and certified
nurse practitioner to administer meningococcal disease immunizing
agents, is amended to read as follows:
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law[; 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 expiration and
reversion of such subdivision, as provided in section 6 of chapter 116
of the laws of 2012, and shall be deemed to expire therewith; and
(b) the amendments to subdivision 7 of section 6909 of the education
law, made by section two of this act shall not affect the expiration and
reversion of such subdivision, as provided in section 6 of chapter 116
of the laws of 2012, and shall be deemed to be expire therewith; and
(c) 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 and shall be deemed to expire therewith].
§ 8. Section 4 of chapter 110 of the laws of 2020, amending the educa-
tion law relating to authorizing licensed pharmacists to administer an
approved vaccine for COVID-19, is amended to read as follows:
§ 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
S. 4807--A 5
(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].
§ 9. This act shall take effect on the ninetieth day after it shall
have become a law.
