S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6779--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee 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 administration of
   certain medications by a pharmacist; and to amend chapter 802  of  the
   laws  of 2022 amending the education law relating to the definition of
   the practice of pharmacy, in relation to the effectiveness thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph, subparagraph 1 and subparagraph 3 of
 paragraph  b  of subdivision 22 of section 6802 of the education law, as
 amended by chapter 5 of the  laws  of  2023,  are  amended  to  read  as
 follows:
   The  injection of medications [into the deltoid muscle] for the treat-
 ment of mental health and  substance  use  disorder,  as  prescribed  or
 ordered by a licensed prescriber, acting within the scope of their prac-
 tice in this state and in accordance with regulations promulgated by the
 commissioner,  in  consultation  with  the  department of health and any
 other state agencies as necessary, provided that:
   (1) Such administration is conducted pursuant to a valid  PATIENT-SPE-
 CIFIC  prescription  or PATIENT-SPECIFIC order that authorizes a pharma-
 cist to administer medications approved by the U.S. Food and Drug Admin-
 istration for the treatment of mental health and substance use  disorder
 [and  the]. THE pharmacist [notifies] SHALL NOTIFY the licensed prescri-
 ber that the administration is  complete  WITHIN  FIVE  DAYS  AND  SHALL
 CONVEY  SUCH  INFORMATION  TO  THE PRESCRIBER BY MAKING AN ENTRY INTO AN
 INTEROPERABLE ELECTRONIC MEDICAL RECORDS SYSTEM, AN ELECTRONIC PRESCRIB-
 ING TECHNOLOGY OR A PHARMACY RECORD, OR BY USING  FACSIMILE,  ELECTRONIC
 TRANSMISSION OR OTHER ELECTRONIC MEANS. IF AN ELECTRONIC MEANS DESCRIBED
 IN  THIS  SUBPARAGRAPH IS NOT AVAILABLE TO THE PHARMACIST AT THE TIME OF
 COMMUNICATION, THE PHARMACIST OR PHARMACIST'S DESIGNEE  MAY  COMMUNICATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10677-07-3
              

 A. 6779--A                          2
 
 THE  INFORMATION  BY TELEPHONE. NOTIFICATION SHALL ALSO BE REQUIRED IF A
 PATIENT DOES NOT RECEIVE AN ADMINISTRATION OR IF THE PATIENT EXPERIENCES
 ANY SIDE EFFECTS OR ADVERSE REACTIONS TO THE MEDICATIONS. Administration
 in  a  pharmacy  [may]  SHALL  not  commence until after the patient has
 received the initial injection and is considered  eligible  for  mainte-
 nance treatment by the licensed prescriber.
   (3) Such activity is conducted in accordance with regulations, promul-
 gated  or  adopted by the commissioner, in consultation with the depart-
 ment of health 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)] (II) Pre-administration patient consent and education  regard-
 ing common side effects, drug interactions, injection site reactions and
 other  information  routinely provided to patients upon dispensing. If a
 patient is unable to provide consent, the pharmacist must obtain consent
 from a person legally responsible when the  recipient  is  incapable  of
 consenting.
   [(iv)]  (III) When administering an injection in a pharmacy, the phar-
 macist 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 acting within their scope of practice.
   (vi)]  (IV)  Ensuring  that  only  U.S.  Food  and Drug Administration
 approved medications are administered.
   § 2. Subdivisions 3 and 8 of section 6801 of the education law, subdi-
 vision 3 as added by chapter 563 of the laws of 2008, and subdivision  8
 as  added  by  chapter  802  of the laws of 2022, are amended to read as
 follows:
   3. No pharmacist shall  administer  immunizing  agents  OR  INJECTABLE
 MEDICATIONS  FOR THE TREATMENT OF MENTAL HEALTH AND SUBSTANCE USE DISOR-
 DER without receiving training satisfactory to the commissioner and  the
 commissioner of health which shall include, but not be limited to, tech-
 niques  for  screening individuals and obtaining informed consent; tech-
 niques of administration; indications, precautions and contraindications
 in the use of agent or agents; record keeping of immunization and infor-
 mation; and handling emergencies,  including  anaphylaxis  and  needles-
 ticks.
   8.  A  licensed  pharmacist  within their lawful scope of practice may
 administer injectable medications [into the deltoid muscle] AND  MEDICA-
 TIONS  REQUIRED  FOR  EMERGENCY TREATMENT OF ANAPHYLAXIS RELATED TO SUCH
 A. 6779--A                          3
 
 ADMINISTRATION, pursuant to section six thousand eight  hundred  two  of
 this  article,  for  the  treatment  of  mental health and substance use
 disorder, as prescribed or ordered  by  a  licensed  prescriber,  acting
 within  their  scope  of  practice  in this state and in accordance with
 regulations, including but not limited to regulations promulgated by the
 commissioner in consultation with any other state  agencies,  as  neces-
 sary.
   §  3. Section 3 of chapter 802 of the laws of 2022 amending the educa-
 tion law relating to the definition of  the  practice  of  pharmacy,  is
 amended to read as follows:
   § 3. This act shall take effect [one year after it shall have become a
 law]  APRIL  1,  2024.    Effective immediately, 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.
   §  4.  This  act shall take effect immediately; provided however, that
 the amendments to sections 6801 and 6802 of the education  law  made  by
 sections  one and two of this act shall take effect on the same date and
 in the same manner as chapter 802 of the laws  of  2022,  takes  effect.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive  date  are  authorized  to  be made and completed on or before such
 date.