S T A T E O F N E W Y O R K
________________________________________________________________________
4870--A
2021-2022 Regular Sessions
I N S E N A T E
February 17, 2021
___________
Introduced by Sen. BRESLIN -- 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 the definition of the
practice of pharmacy
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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. (1) the direct application of an immunizing agent to adults, wheth-
er 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
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.] (2) the direct application of an immunizing agent to children
between the ages of two and eighteen years of age, 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 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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03519-03-1
S. 4870--A 2
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.
B. THE INJECTION OF MEDICATIONS FOR THE TREATMENT OF MENTAL HEALTH AND
SUBSTANCE USE DISORDER, AS PRESCRIBED OR ORDERED BY A LICENSED PRESCRI-
BER IN THIS STATE AND IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE
COMMISSIONER AND THE DEPARTMENT OF HEALTH IN CONSULTATION WITH THE BOARD
OF PHARMACY, AND ANY OTHER STATE AGENCIES AS NECESSARY, PROVIDING THAT:
(1) SUCH ADMINISTRATION IS CONDUCTED PURSUANT TO A VALID PRESCRIPTION
OR ORDER THAT AUTHORIZES A PHARMACIST TO ADMINISTER MEDICATIONS FOR THE
TREATMENT OF MENTAL HEALTH AND SUBSTANCE USE DISORDER AND THE PHARMACIST
NOTIFIES THE LICENSED PRESCRIBER THAT THE ADMINISTRATION IS COMPLETE.
(2) SUCH PRESCRIPTION MAY BE SUBJECT TO REASSESSMENT AT APPROPRIATE
INTERVALS, AS DETERMINED BY THE LICENSED PRESCRIBER.
(3) SUCH ACTIVITY IS CONDUCTED IN ACCORDANCE WITH REGULATIONS PROMUL-
GATED OR ADOPTED BY THE COMMISSIONER AND THE DEPARTMENT OF HEALTH, IN
CONSULTATION WITH THE BOARD OF PHARMACY, AND ANY OTHER STATE AGENCIES,
AS NECESSARY, WHICH SHALL INCLUDE REQUIREMENTS FOR THE FOLLOWING:
(I) TRAINING ACCREDITED BY THE ACCREDITATION COUNCIL FOR PHARMACY
EDUCATION, THAT MAY INCLUDE EDUCATIONAL EXPERIENCES OBTAINED THROUGH
PHARMACY SCHOOL CURRICULA, OR A SIMILAR HEALTH AUTHORITY OR PROFESSIONAL
BODY APPROPRIATE FOR THE MEDICATIONS BEING ADMINISTERED AND THEIR
RESPECTIVE PATIENT POPULATIONS. SUCH TRAINING MUST BE SATISFACTORY TO
THE COMMISSIONER AND THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE
BOARD OF PHARMACY AND ANY OTHER STATE AGENCIES, AS NECESSARY, WHICH
SHALL INCLUDE, BUT NOT BE LIMITED TO LEARNING MODULES ON TECHNIQUES FOR
ADMINISTRATION BY INJECTIONS, INDICATIONS, PRECAUTIONS, AND CONTRAINDI-
CATIONS IN THE USE OF AGENT OR AGENTS; RECORD KEEPING AND INFORMATION;
AND HANDLING EMERGENCIES, INCLUDING ANAPHYLAXIS, NEEDLE-STICKS AND
CARDIOPULMONARY RESUSCITATION.
(II) MAINTAINING CONTINUED COMPETENCY REGARDING THE POPULATIONS SERVED
AND MEDICATIONS ADMINISTERED.
(III) PRE-ADMINISTRATION PATIENT CONSENT AND EDUCATION REGARDING
COMMON SIDE EFFECTS, DRUG INTERACTIONS, INJECTION SITE REACTIONS AND
OTHER INFORMATION ROUTINELY PROVIDED TO PATIENTS UPON DISPENSING.
(IV) WHEN ADMINISTERING AN INJECTION IN A PHARMACY, THE PHARMACIST
SHALL PROVIDE AN AREA FOR THE INJECTION THAT PROVIDES FOR THE PATIENT'S
PRIVACY.
(V) RECORD KEEPING AND REPORTING OF SUCH ADMINISTRATION BY ELECTRONIC
TRANSMISSION OR FACSIMILE TO THE PATIENT'S LICENSED PRESCRIBER, AND, TO
THE EXTENT PRACTICABLE, MAKE HIMSELF OR HERSELF AVAILABLE TO DISCUSS THE
OUTCOME OF SUCH INJECTION, INCLUDING ANY ADVERSE REACTIONS, WITH THE
LICENSED PRESCRIBER.
§ 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. (1) the direct application of an immunizing agent to adults, wheth-
er 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
anaphylaxis. If the commissioner of health determines that there is an
S. 4870--A 3
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.] (2) the direct application of an immunizing agent to children
between the ages of two and eighteen years of age, 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 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.
B. THE INJECTION OF MEDICATIONS FOR THE TREATMENT OF MENTAL HEALTH AND
SUBSTANCE USE DISORDER, AS PRESCRIBED OR ORDERED BY A LICENSED PRESCRI-
BER IN THIS STATE AND IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE
COMMISSIONER AND THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE
BOARD OF PHARMACY, AND ANY OTHER STATE AGENCIES, AS NECESSARY, PROVIDING
THAT:
(1) SUCH ADMINISTRATION IS CONDUCTED PURSUANT TO A VALID PRESCRIPTION
OR ORDER THAT AUTHORIZES A PHARMACIST TO ADMINISTER MEDICATIONS FOR THE
TREATMENT OF MENTAL HEALTH AND SUBSTANCE USE DISORDER AND THE PHARMACIST
NOTIFIES THE LICENSED PRESCRIBER THAT THE ADMINISTRATION IS COMPLETE.
(2) SUCH PRESCRIPTION MAY BE SUBJECT TO REASSESSMENT AT APPROPRIATE
INTERVALS, AS DETERMINED BY THE LICENSED PRESCRIBER.
(3) SUCH ACTIVITY IS CONDUCTED IN ACCORDANCE WITH REGULATIONS PROMUL-
GATED OR ADOPTED BY THE COMMISSIONER AND THE DEPARTMENT OF HEALTH, IN
CONSULTATION WITH THE BOARD OF PHARMACY, AND ANY OTHER STATE AGENCIES,
AS NECESSARY, WHICH SHALL INCLUDE REQUIREMENTS FOR THE FOLLOWING:
(I) TRAINING ACCREDITED BY THE ACCREDITATION COUNCIL FOR PHARMACY
EDUCATION, THAT MAY INCLUDE EDUCATIONAL EXPERIENCES OBTAINED THROUGH
PHARMACY SCHOOL CURRICULA, OR A SIMILAR HEALTH AUTHORITY OR PROFESSIONAL
BODY APPROPRIATE FOR THE MEDICATIONS BEING ADMINISTERED AND THEIR
RESPECTIVE PATIENT POPULATIONS. SUCH TRAINING MUST BE SATISFACTORY TO
THE COMMISSIONER AND THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE
BOARD OF PHARMACY AND ANY OTHER STATE AGENCIES, AS NECESSARY, WHICH
SHALL INCLUDE, BUT NOT BE LIMITED TO LEARNING MODULES ON TECHNIQUES FOR
ADMINISTRATION BY INJECTIONS, INDICATIONS, PRECAUTIONS, AND CONTRAINDI-
CATIONS IN THE USE OF AGENT OR AGENTS; RECORD KEEPING AND INFORMATION;
AND HANDLING EMERGENCIES, INCLUDING ANAPHYLAXIS, NEEDLE-STICKS AND
CARDIOPULMONARY RESUSCITATION.
(II) MAINTAINING CONTINUED COMPETENCY REGARDING THE POPULATIONS SERVED
AND MEDICATIONS ADMINISTERED.
(III) PRE-ADMINISTRATION PATIENT CONSENT AND EDUCATION REGARDING
COMMON SIDE EFFECTS, DRUG INTERACTIONS, INJECTION SITE REACTIONS AND
OTHER INFORMATION ROUTINELY PROVIDED TO PATIENTS UPON DISPENSING.
(IV) WHEN ADMINISTERING AN INJECTION IN A PHARMACY, THE PHARMACIST
SHALL PROVIDE AN AREA FOR THE INJECTION THAT PROVIDES FOR THE PATIENT'S
PRIVACY.
(V) RECORD KEEPING AND REPORTING OF SUCH ADMINISTRATION BY ELECTRONIC
TRANSMISSION OR FACSIMILE TO THE PATIENT'S LICENSED PRESCRIBER, AND, TO
THE EXTENT PRACTICABLE, MAKE HIMSELF OR HERSELF AVAILABLE TO DISCUSS THE
OUTCOME OF SUCH INJECTION, INCLUDING ANY ADVERSE REACTIONS, WITH THE
LICENSED PRESCRIBER.
S. 4870--A 4
§ 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. (1) the direct application of an immunizing agent to adults, wheth-
er 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
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.] (2) the direct application of an immunizing agent to children
between the ages of two and eighteen years of age, 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 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.
B. THE INJECTION OF MEDICATIONS FOR THE TREATMENT OF MENTAL HEALTH AND
SUBSTANCE USE DISORDERS, AS PRESCRIBED OR ORDERED BY A LICENSED PRESCRI-
BER IN THIS STATE AND IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE
COMMISSIONER AND THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE
BOARD OF PHARMACY, AND ANY OTHER STATE AGENCIES, AS NECESSARY, PROVIDING
THAT:
(1) SUCH ADMINISTRATION IS CONDUCTED PURSUANT TO A VALID PRESCRIPTION
OR ORDER THAT AUTHORIZES A PHARMACIST TO ADMINISTER MEDICATIONS FOR THE
TREATMENT OF MENTAL HEALTH AND SUBSTANCE USE DISORDER AND THE PHARMACIST
NOTIFIES THE LICENSED PRESCRIBER THAT THE ADMINISTRATION IS COMPLETE.
(2) SUCH PRESCRIPTION MAY BE SUBJECT TO REASSESSMENT AT APPROPRIATE
INTERVALS, AS DETERMINED BY THE LICENSED PRESCRIBER.
(3) SUCH ACTIVITY IS CONDUCTED IN ACCORDANCE WITH REGULATIONS PROMUL-
GATED OR ADOPTED BY THE COMMISSIONER AND THE DEPARTMENT OF HEALTH, IN
CONSULTATION WITH THE BOARD OF PHARMACY, AND ANY OTHER STATE AGENCIES,
AS NECESSARY, WHICH SHALL INCLUDE REQUIREMENTS FOR THE FOLLOWING:
(I) TRAINING ACCREDITED BY THE ACCREDITATION COUNCIL FOR PHARMACY
EDUCATION, THAT MAY INCLUDE EDUCATIONAL EXPERIENCES OBTAINED THROUGH
PHARMACY SCHOOL CURRICULA, OR A SIMILAR HEALTH AUTHORITY OR PROFESSIONAL
BODY APPROPRIATE FOR THE MEDICATIONS BEING ADMINISTERED AND THEIR
RESPECTIVE PATIENT POPULATIONS. SUCH TRAINING MUST BE SATISFACTORY TO
THE COMMISSIONER AND THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE
BOARD OF PHARMACY AND ANY OTHER STATE AGENCIES, AS NECESSARY, WHICH
SHALL INCLUDE, BUT NOT BE LIMITED TO LEARNING MODULES ON TECHNIQUES FOR
ADMINISTRATION BY INJECTIONS, INDICATIONS, PRECAUTIONS, AND CONTRAINDI-
CATIONS IN THE USE OF AGENT OR AGENTS; RECORD KEEPING AND INFORMATION;
S. 4870--A 5
AND HANDLING EMERGENCIES, INCLUDING ANAPHYLAXIS, NEEDLE-STICKS AND
CARDIOPULMONARY RESUSCITATION.
(II) MAINTAINING CONTINUED COMPETENCY REGARDING THE POPULATIONS SERVED
AND MEDICATIONS ADMINISTERED.
(III) PRE-ADMINISTRATION PATIENT CONSENT AND EDUCATION REGARDING
COMMON SIDE EFFECTS, DRUG INTERACTIONS, INJECTION SITE REACTIONS AND
OTHER INFORMATION ROUTINELY PROVIDED TO PATIENTS UPON DISPENSING.
(IV) WHEN ADMINISTERING AN INJECTION IN A PHARMACY, THE PHARMACIST
SHALL PROVIDE AN AREA FOR THE INJECTION THAT PROVIDES FOR THE PATIENT'S
PRIVACY.
(V) RECORD KEEPING AND REPORTING OF SUCH ADMINISTRATION BY ELECTRONIC
TRANSMISSION OR FACSIMILE TO THE PATIENT'S LICENSED PRESCRIBER, AND, TO
THE EXTENT PRACTICABLE, MAKE HIMSELF OR HERSELF AVAILABLE TO DISCUSS THE
OUTCOME OF SUCH INJECTION, INCLUDING ANY ADVERSE REACTIONS, WITH THE
LICENSED PRESCRIBER.
§ 4. Section 6801 of the education law is amended by adding a new
subdivision 6 to read as follows:
6. A LICENSED PHARMACIST MAY ADMINISTER INJECTABLE MEDICATIONS FOR THE
TREATMENT OF MENTAL HEALTH AND SUBSTANCE USE DISORDER, AS PRESCRIBED OR
ORDERED BY A LICENSED PRESCRIBER IN THIS STATE AND IN ACCORDANCE WITH
REGULATIONS PROMULGATED BY THE COMMISSIONER IN CONSULTATION WITH THE
BOARD OF PHARMACY, AND ANY OTHER STATE AGENCIES, AS NECESSARY.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that:
a. the amendments to subdivision 22 of section 6802 of the education
law made by section one of this act shall be subject to the expiration
and reversion of such subdivision pursuant to section 4 of chapter 110
of the laws of 2020, as amended, when upon such date the provisions of
section two of this act shall take effect; provided, however, if the
provisions of section two of this act shall not have taken effect prior
to the repeal of such subdivision pursuant to section 8 of chapter 563
of the laws of 2008, as amended, such amendments shall not affect the
repeal of such subdivision and shall be deemed to repeal therewith;
b. provided, further, the amendments to subdivision 22 of section 6802
of the education law made by section two of this act shall take effect
on the same date and in the same manner as section 2 of chapter 110 of
the laws of 2020, takes effect; provided, however, if section 2 of chap-
ter 110 of the laws of 2020 takes effect prior to the effective date of
this act, section two of this act shall not take effect until the one
hundred eightieth day after it shall have become a law; provided that
such amendments made by section two of this act shall be subject to the
expiration and reversion of such subdivision pursuant to section 4 of
chapter 110 of the laws of 2020, as amended, when upon such date the
provisions of section three of this act shall take effect;
c. provided, further that 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 repeal
therewith; and
d. provided, further, 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 repealed therewith. Effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed by the commissioner of education on
or before such date.