S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6627
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 24, 2023
                                ___________
 
 Introduced  by  M.  of  A.  McDONALD, SAYEGH, WALLACE, SEAWRIGHT, MEEKS,
   JONES, JENSEN, LUPARDO, STIRPE, BUTTENSCHON, LUNSFORD  --  Multi-Spon-
   sored by -- M. of A.  TAGUE -- read once and referred to the Committee
   on Higher Education
 
 AN ACT to amend the public health law and the education law, in relation
   to  including  certain  pharmacists  as  qualified health care profes-
   sionals and authorizing such pharmacists to complete a waived test
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 6 of section 571 of the public health law, as
 amended by section 1 of part C of chapter 57 of the laws  of  2022,   is
 amended  to read as follows:
   6.  "Qualified  health  care professional" means a physician, dentist,
 podiatrist, optometrist performing a clinical laboratory test that  does
 not  use  an invasive modality as defined in section seventy-one hundred
 one of the education law, pharmacist administering COVID-19 and influen-
 za tests pursuant to subdivision seven of  section  sixty-eight  hundred
 one  of  the  education  law, PHARMACIST CONSISTENT WITH THE LIMITATIONS
 ESTABLISHED IN SUBDIVISION (W) OF SECTION TWO HUNDRED SIX OF THIS  CHAP-
 TER,  physician  assistant, specialist assistant, nurse practitioner, or
 midwife, who is licensed and registered with the state education depart-
 ment.
   § 1-a. Subdivision 6 of section 571  of  the  public  health  law,  as
 amended  by  chapter  444  of  the  laws  of 2013, is amended to read as
 follows:
   6. "Qualified health care professional" means  a  physician,  dentist,
 podiatrist,  optometrist performing a clinical laboratory test that does
 not use an invasive modality as defined in section  seventy-one  hundred
 one  of  the  education  law, PHARMACIST CONSISTENT WITH THE LIMITATIONS
 ESTABLISHED IN SUBDIVISION (W) OF SECTION TWO HUNDRED SIX OF THIS  CHAP-
 TER,  physician  assistant, specialist assistant, nurse practitioner, or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02558-01-3
              

 A. 6627                             2
 
 midwife, who is licensed and registered with the state education depart-
 ment.
   § 2. Subdivision 1 of section 579 of the public health law, as amended
 by chapter 376 of the laws of 2015, is amended to read as follows:
   1.  This  title  is  applicable to all clinical laboratories and blood
 banks operating within the state, except clinical laboratories and blood
 banks operated by the federal government and clinical laboratories oper-
 ated by a licensed physician, osteopath, dentist, midwife, nurse practi-
 tioner, optometrist performing a clinical laboratory test that does  not
 use  an  invasive modality as defined in section seventy-one hundred one
 of the education law, PHARMACIST CONSISTENT WITH THE LIMITATIONS  ESTAB-
 LISHED IN SUBDIVISION (W) OF SECTION TWO HUNDRED SIX OF THIS CHAPTER, or
 podiatrist  who  performs  laboratory tests or procedures, personally or
 through his or her employees, solely as an adjunct to the  treatment  of
 his  or  her own patients; to the extent authorized by federal and state
 law, including the education law.
   § 3. Section 6801 of the education law is  amended  by  adding  a  new
 subdivision 9 to read as follows:
   9.  A LICENSED PHARMACIST, MAY COMPLETE A "WAIVED TEST", AS DEFINED IN
 SUBDIVISION FIVE OF SECTION  FIVE  HUNDRED  SEVENTY-ONE  OF  THE  PUBLIC
 HEALTH LAW.
   §  4. Subdivision 1 of section 206 of the public health law is amended
 by adding a new paragraph (w) to read as follows:
   (W) ESTABLISH A LIST OF CLIA-WAIVED TESTS THAT  MAY  BE  PERFORMED  BY
 PHARMACISTS  LICENSED  UNDER  ARTICLE  ONE  HUNDRED  THIRTY-SEVEN OF THE
 EDUCATION LAW.  THIS LIST SHALL BE ESTABLISHED BY THE  COMMISSIONER.  IN
 CONNECTION  WITH SPECIFIC TESTS, THE COMMISSIONER SHALL ESTABLISH PROTO-
 COLS BETWEEN HEALTH CARE PRACTITIONERS AND PHARMACISTS,  AS  APPROPRIATE
 INCLUDING,  BUT NOT LIMITED TO ESTABLISHING REQUIRED COMMUNICATIONS FROM
 PHARMACISTS TO HEALTHCARE PRACTITIONERS REGARDING TEST RESULTS.
   § 5. This act shall take effect immediately; provided,  however,  that
 the  amendments to subdivision 6 of section 571 of the public health law
 made  by  section one of this act shall be subject to the expiration and
 reversion of such subdivision pursuant to section 8 of part C of chapter
 57 of the laws of 2022, when upon such date the  provisions  of  section
 one-a  of  this  act shall take effect.  Effective immediately the addi-
 tion, 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 on or before such date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6627--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 24, 2023
                                ___________
 
 Introduced  by  M.  of  A.  McDONALD, SAYEGH, WALLACE, SEAWRIGHT, MEEKS,
   JONES, JENSEN, LUPARDO, STIRPE, BUTTENSCHON, LUNSFORD  --  Multi-Spon-
   sored by -- M. of A.  TAGUE -- read once and referred 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  allowing  a  licensed
   pharmacist  to  order and administer respiratory syncytial virus (RSV)
   and Group A streptococcal tests and to initiate treatment  upon  posi-
   tive results of COVID-19, influenza and Group A streptococcal tests
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 7 of section 6801  of  the  education  law,  as
 added  by  section  2  of  part  C of chapter 57 of the laws of 2022, is
 amended to read as follows:
   7. A licensed pharmacist is a qualified health care professional under
 section five hundred seventy-one  of  the  public  health  law  for  the
 purposes  of  directing  a  limited  service laboratory and ordering and
 administering COVID-19 [and],  influenza,  RESPIRATORY  SYNCYTIAL  VIRUS
 (RSV),  GROUP A STREPTOCOCCAL, HBA1C, HEPATITIS C, AND HUMAN IMMUNODEFI-
 CIENCY VIRUS (HIV) tests authorized by the Food and Drug  Administration
 (FDA),  subject to certificate of waiver requirements established pursu-
 ant to the federal  clinical  laboratory  improvement  act  of  nineteen
 hundred eighty-eight.  A LICENSED PHARMACIST MAY ALSO INITIATE TREATMENT
 UPON  POSITIVE  RESULTS OF COVID-19, INFLUENZA AND GROUP A STREPTOCOCCAL
 TESTS PURSUANT TO A STATEWIDE PROTOCOL APPROVED  BY  THE  DEPARTMENT  OF
 HEALTH.    A  PHARMACIST  SHALL  RETAIN  A RECORD OF THE TEST RESULT AND
 TREATMENT AS PART OF THE PATIENT RECORD AND WILL PROVIDE,  UPON  PATIENT
 REQUEST,  A  REPORT OF THE TEST RESULT AND TREATMENT TO PATIENT'S DESIG-
 NATED PHYSICIAN, PHYSICIAN'S ASSISTANT OR NURSE PRACTITIONER.
   § 2. This act shall take effect immediately; provided,  however,  that
 the  amendments  to  subdivision  7 of section 6801 of the education law
 made by section one of this act shall not  affect  the  repeal  of  such
 subdivision and shall be deemed repealed therewith.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02558-02-3