BILL NUMBER: S1619

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the education law, in relation to allowing a licensed
pharmacist to order and administer certain tests; and to amend part C of
chapter 57 of the laws of 2022 amending the public health law and the
education law relating to allowing pharmacists to direct limited service
laboratories and order and administer COVID-19 and influenza tests and
modernizing nurse practitioners, in relation to the effectiveness there-
of

 
PURPOSE:

The purpose of this bill is to expand a pharmacists ability to perform
tests for certain illnesses and conditions to also include respiratory
syncytial virus (RSV), strep throat, HbAlc (blood sugar levels), hepati-
tis C (Hep C), and human immunodeficiency virus (HIV).

 
SUMMARY OF PROVISIONS:

              

Section 1 amends subdivision 7 of section 6801 of the Education Law, as
it relates to the definition of the practice of pharmacy, to allow a
licensed pharmacist to perform limited service laboratory and ordering
and administering a test for respiratory syncytial virus (RSV), pharyn-
gitis resulting from group A streptococcal infection (commonly referred
to as strep throat), HbA1c (blood sugar levels), hepatitis C, and human
immunodeficiency virus (HIV).

Currently, under this section of law, pharmacists are already authorized
to initiate tests for COVID-19 and influenza.

Section 2 extends the effective date of the underlying section of law
that authorizes pharmacists to order and administer tests by an addi-
tional two years until April 1, 2028.

Section 3 establishes an effective date.

 
JUSTIFICATION:

New York State is behind the rest of the country concerning the scope of
practice for pharmacists and health care in general, especially in
collaborative practice.  According to the National Association of the
Boards of Pharmacy, 39 states permit pharmacists to Perform non-invasive
FDA-approved tests, commonly described as Clinical Laboratory Improve-
ment Amendments (CLIA)-waived tests. These are simple, low-risk tests
available without a prescription or medical order. During the COVID-19
pandemic and beyond, pharmacists were a valuable community service
provider for COVID testing and it makes sense to expand testing in a
limited manner to other diseases such as RSV, strep throat, Hep C, and
HIV for patient convenience. The bill would also allow a pharmacist to
test HbAlc, a common test for blood sugar levels associated with
diabetes.

Pharmacists are licensed clinicians uniquely situated to advance New
York's public health objectives as they represent an opportunity to
engage members of the public that otherwise might not be reached.
Authorizing the Commissioner of Health to specify the tests that a phar-
macist would perform limits the actual tests to be completed by pharma-
cists and provides needed flexibility to respond to public health needs
and programs.

This legislation can improve therapeutic outcomes and the quality of
care overall. As mentioned, pharmacists are well-positioned to enhance
the continuity of care connected to a patient's medical home.

 
LEGISLATIVE HISTORY:

2019-2020: S5092/A3867A McDonald - Advanced to Third Reading

2021-2022: S2529 Rivera/A3033 McDonald - Advanced to Third Reading

2023-2024: S3467-A Rivera/A6627-B McDonald - Passed Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.