S T A T E O F N E W Y O R K
________________________________________________________________________
6337--A
2023-2024 Regular Sessions
I N S E N A T E
April 14, 2023
___________
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 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10677-08-3
S. 6337--A 2
COMMUNICATION, THE PHARMACIST OR PHARMACIST'S DESIGNEE MAY COMMUNICATE
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-
S. 6337--A 3
TIONS REQUIRED FOR EMERGENCY TREATMENT OF ANAPHYLAXIS RELATED TO SUCH
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.
