NY State Senate Bill 2025-S4501

Current Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 06, 2025	referred to higher education

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2025-S4501 (ACTIVE) - Details

See Assembly Version of this Bill:: A2534
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §6801, Ed L
Versions Introduced in 2023-2024 Legislative Session:: S7839, A8596

2025-S4501 (ACTIVE) - Summary

Provides for the initiation of treatment for COVID-19, influenza, and pharyngitis resulting from a Group A streptococcal infection by a licensed pharmacist in certain circumstances.

2025-S4501 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4501

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the education law, in relation to the definition of
practice of pharmacy; and providing for the repeal of such provisions
upon expiration thereof

 
PURPOSE:

The purpose of this bill is to authorize pharmacists to begin treatment
for common ailments pursuant to a protocol developed by the Commissioner
of Health (COH), which would increase access to care and reduce strains
of the healthcare system.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 6801 of Education Law, by adding a new subdivi-
sion 7-a to authorize a pharmacist to initiate treatment for COVID-19,
influenza, and pharyngitis resulting from group a streptococcal
infection upon positive test result. This section would also direct the

COH to develop a protocol for pharmacists providing this treatment. The
protocol would at a minimum address patient safety, record keeping,
referral for treatment and continuity of care, and case reporting to
other healthcare professionals. This section would also establish the
responsibilities of a pharmacist conducting the treatment, which would
include inquiring about and providing connections to local primary care
services for the patient, as well as record-keeping and reporting
requirements.

Section 2 provides 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 when it
comes to collaborative practice. According to the National Association
of the Boards of Pharmacy, 39 states currently permit pharmacists to
perform non-invasive FDA-approved tests, commonly described as Clinical
Laboratory Improvement Amendments (CLIA)-waived tests. These are simple,
low-risk tests available without a prescription or medical order.

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 COH to specify the tests that a pharmacist would perform
limits the actual tests to be completed by pharmacists 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:

2023-2024: S7839 Rivera I A8596 McDonald

 
FISCAL IMPLICATIONS:
None.

 
EFFECTIVE DATE:
Effective immediately and shall expire to be deemed repealed on April 1,
2028.

2025-S4501 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4501
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2025
                                ___________
 
 Introduced  by Sens. RIVERA, BORRELLO, MAY, ROLISON, SALAZAR, SEPULVEDA,
   WEBB, WEIK -- read twice and ordered printed, and when printed  to  be
   committed to the Committee on Higher Education
 
 AN  ACT  to  amend  the  education law, in relation to the definition of
   practice of pharmacy; and providing for the repeal of such  provisions
   upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 6801 of the education law is amended  by  adding  a
 new subdivision 7-a to read as follows:
   7-A.  (A)  A  LICENSED PHARMACIST MAY INITIATE TREATMENT FOR COVID-19,
 INFLUENZA, AND  PHARYNGITIS  RESULTING  FROM  A  GROUP  A  STREPTOCOCCAL
 INFECTION  UPON A POSITIVE TEST RESULT CONDUCTED PURSUANT TO SUBDIVISION
 SEVEN OF THIS SECTION. SUCH TREATMENT SHALL BE PROVIDED  PURSUANT  TO  A
 STATEWIDE  PROTOCOL DEVELOPED BY THE DEPARTMENT OF HEALTH. SUCH PROTOCOL
 SHALL ADDRESS ISSUES INCLUDING BUT NOT LIMITED TO PATIENT SAFETY, RECORD
 KEEPING, REFERRAL FOR TREATMENT AND CONTINUITY OF CARE,  CASE  REPORTING
 TO THE PATIENT'S PRIMARY CARE OR OTHER HEALTH CARE PROVIDERS. THE PROTO-
 COL  SHALL  ALSO  INCLUDE  PROCEDURES  FOR APPROPRIATE REFERRALS FOR ANY
 PATIENT THAT REQUIRES ADDITIONAL TREATMENT  OR  EXPERIENCES  AN  ADVERSE
 REACTION TO THE TREATMENT AUTHORIZED PURSUANT TO THIS SUBDIVISION.
   (B)  A  PHARMACIST INITIATING TREATMENT UNDER THIS PROTOCOL SHALL AT A
 MINIMUM: (I) INQUIRE OF EACH PATIENT WHETHER THE PATIENT HAS  A  PRIMARY
 CARE  PROVIDER  OR OTHER HEALTH CARE PROVIDER THAT THE PATIENT REGULARLY
 SEES; AND (II) MAINTAIN AND REGULARLY UPDATE A  LIST  OF  LOCAL  PRIMARY
 CARE  PROVIDERS  INCLUDING THOSE LOCATED IN THE APPLICABLE ZIP CODE AREA
 AND ADJACENT ZIP CODE AREAS OF THE PHARMACY. THIS LIST SHALL BE PROVIDED
 TO EACH PATIENT WHO INDICATES THAT THE PATIENT DOES NOT HAVE  A  PRIMARY
 CARE PROVIDER.
   (C) THE DEPARTMENT OF HEALTH SHALL PRODUCE, MAINTAIN, AND PERIODICALLY
 UPDATE  A  LIST  OF PRIMARY CARE PROVIDERS ON ITS WEBSITE, IN SEARCHABLE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03393-01-5

 S. 4501                             2
 
 FORM THAT SHALL INCLUDE RELEVANT ZIP CODES OF THE  PROVIDERS.  THE  LIST
 DEVELOPED BY THE DEPARTMENT OF HEALTH SHALL IDENTIFY PREFERRED PROVIDERS
 WHO  HAVE ACHIEVED RECOGNITION AS A PATIENT CENTERED MEDICAL HOME (PCMH)
 OR  OTHER SIMILAR DESIGNATION AND A DESCRIPTION OF WHAT SUCH DESIGNATION
 MEANS. THE LIST SHALL INCLUDE FEDERALLY  QUALIFIED  HEALTH  CENTERS  AND
 OTHER  PROVIDERS  WHO SERVE MEDICAID, LOW-INCOME AND UNINSURED PATIENTS,
 AND PEOPLE WITH DISABILITIES AND SHALL IDENTIFY CULTURAL AND  LINGUISTIC
 CAPABILITIES WHEN AVAILABLE.
   (D)  A  PHARMACIST SHALL RETAIN A RECORD OF THE TEST RESULT AND TREAT-
 MENT AS PART OF THE PATIENT RECORD AND SHALL  AT  A  MINIMUM  PROVIDE  A
 REPORT  OF  THE  TEST  RESULT  AND TREATMENT TO THE PATIENT'S DESIGNATED
 PHYSICIAN, PHYSICIAN'S ASSISTANT OR NURSE PRACTITIONER, UNLESS OTHERWISE
 DIRECTED BY THE PATIENT.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed April 1, 2028.

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Senate Bill S4501

Sponsored By

Current Bill Status - In Senate Committee Higher Education Committee

co-Sponsors

2025-S4501 (ACTIVE) - Details

2025-S4501 (ACTIVE) - Summary

2025-S4501 (ACTIVE) - Sponsor Memo

2025-S4501 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4501

Share this bill

Sponsored By

Current Bill Status - In Senate Committee Higher Education Committee

co-Sponsors

2025-S4501 (ACTIVE) - Details

2025-S4501 (ACTIVE) - Summary

2025-S4501 (ACTIVE) - Sponsor Memo

2025-S4501 (ACTIVE) - Bill Text download pdf

Comments