S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7711
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 6, 2023
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Higher Education
 
 AN  ACT to amend the education law, in relation to the administration of
   certain immunizations by a pharmacist or a certified nurse practition-
   er
 
   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 555 of the laws  of  2021,  is  amended  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:  (a)  administering  immunizations to prevent
 influenza to patients two years of age or older; and  (b)  administering
 immunizations to prevent pneumococcal, acute herpes zoster, hepatitis A,
 hepatitis  B, human papillomavirus, measles, mumps, MPOX, rubella, vari-
 cella, COVID-19, meningococcal, tetanus, diphtheria 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 consul-
 tation 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 immuniza-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11696-01-3
              

 A. 7711                             2
 
 tion  practices of the centers for disease control and prevention. Noth-
 ing in this subdivision shall authorize unlicensed persons to administer
 immunizations, vaccines or other drugs.
   §  2.  Paragraph  a of subdivision 22 of section 6802 of the education
 law, as amended by chapter 555 of the laws of 2021, is amended  to  read
 as follows:
   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 to prevent influenza, pneumococcal, acute herpes zoster, hepatitis
 A, hepatitis B, human papillomavirus,  measles,  mumps,  MPOX,  rubella,
 varicella,  COVID-19,  meningococcal,  tetanus,  diphtheria or pertussis
 disease and medications required for emergency treatment of anaphylaxis;
 and other immunizations recommended by the advisory committee on immuni-
 zation 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 immun-
 ization practices of the centers for disease control and prevention.  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.
   § 2-a. Subparagraph 1 of paragraph a of subdivision 22 of section 6802
 of the education law, as amended by chapter 802 of the laws of 2022,  is
 amended to read as follows:
   (1)  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 to prevent influenza, pneumococcal, acute herpes zoster, hepatitis
 A,  hepatitis  B,  human  papillomavirus, measles, mumps, MPOX, rubella,
 varicella, COVID-19, meningococcal,  tetanus,  diphtheria  or  pertussis
 disease and medications required for emergency treatment of anaphylaxis;
 and other immunizations recommended by the advisory committee on immuni-
 zation  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 immun-
 ization  practices of the centers for disease control and prevention. 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,
 A. 7711                             3
 
 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 555 of the laws of 2021, 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)  admin-
 istering  immunizations  to  prevent  pneumococcal, acute herpes zoster,
 hepatitis A, hepatitis B, human papillomavirus,  measles,  mumps,  MPOX,
 rubella,  varicella,  COVID-19,  meningococcal,  tetanus,  diphtheria 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.
   §  4. This act shall take effect immediately; provided that the amend-
 ments to subdivision 22 of section 6802 of the  education  law  made  by
 section  two  of  this  act  shall  be subject to the expiration of such
 subdivision when upon such date the provisions of section two-a of  this
 act shall take effect.