S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    853
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the education law, in relation to  medications  approved
   by  the  U.S. Food and Drug Administration and administered by pharma-
   cists

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph b of subdivision 22 of section 6802 of the educa-
 tion  law, as added by a chapter of the laws of 2022 amending the educa-
 tion law relating to the definition of  the  practice  of  pharmacy,  as
 proposed  in  legislative  bills  numbers  S.  4870-B  and A. 3040-B, is
 amended to read as follows:
   b. 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  [and],  IN  CONSULTATION WITH the department of health [in
 consultation with] AND any other state agencies as necessary,  [but  not
 be limited to, providing] PROVIDED that:
   (1)  Such administration is conducted pursuant to a valid prescription
 or order that authorizes a pharmacist to administer medications APPROVED
 BY THE U.S. FOOD AND DRUG ADMINISTRATION for  the  treatment  of  mental
 health  and  substance  use  disorder  and  the  pharmacist notifies the
 licensed prescriber that the administration is complete.  Administration
 in  a pharmacy may not commence until after the patient has received the
 initial injection and is considered eligible for  maintenance  treatment
 by the licensed prescriber.
   (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],  IN  CONSULTATION  WITH  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04183-01-3
              

 S. 853                              2
 
 department  of  health[, in consultation with] AND any other state agen-
 cies, 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. 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)  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 acting within their scope of practice.
   (VI) ENSURING THAT ONLY U.S. FOOD  AND  DRUG  ADMINISTRATION  APPROVED
 MEDICATIONS ARE ADMINISTERED.
   §  2.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws  of  2022  amending  the  education  law
 relating  to  the definition of the practice of pharmacy, as proposed in
 legislative bills numbers S. 4870-B and A. 3040-B, takes effect.