Authorizes licensed pharmacists to administer a vaccine for COVID-19 approved by the United States Food and Drug Administration Center for Biologics Evaulation and Research vaccine product approval process.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10508a
SPONSOR: Rules (Paulin) TITLE OF BILL:
An act to amend the education law, in relation to authorizing licensed
pharmacists to administer an approved vaccine for COVID-19; and provid-
ing for the repeal of such provisions upon expiration thereof
SUMMARY OF PROVISIONS:
Section one of the bill amends subdivision 7 of section 6527 of the
Education Law to add COVID-19 to the list of diseases for which a
licensed physician may prescribe a patient specific order or non-patient
specific regimen to a licensed pharmacist for administering immuniza-
tions.
Section two of the bill amends the definition of "administer" in subdi-
vision 22 of section 6802 of the education law to make conforming chang-
es.
Section three of the bill amends subdivision 7 of section 6909 of the
education law to add COVID-19 to the list of diseases for which a certi-
fied nurse practitioner may prescribe a patient specific order or non-
patient specific regimen to a licensed pharmacist for administering
immunizations.
Section four of the bill establishes that the bill would take effect no
sooner than ninety days from the date of approval of a COVID-19 immuni-
zation by the United States Food and Drug Administration's Center for
Biologics Evaluation and Research and shall expire and be deemed
repealed July 1, 2022 and provided further that this act shall not take
effect until the commissioner of health and the commissioner of educa-
tion jointly certify that the administration of such immunization pursu-
ant to this act would be in the best interest of public health.
JUSTIFICATION:
The spread of COVID-19 has illustrated the terrible consequences that a
global pandemic can have if there is no available vaccine to guard
against transmission of the virus. The necessary, yet drastic measures
that New York and other states have undertaken to slow transmission and
prevent our health care system from being overwhelmed have had enormous-
ly consequential effects for our economy, causing businesses to close
and workers to lose their employment. Despite our best efforts, more and
more New Yorkers are infected and die with each passing day.
Scientists are working as quickly as possible to develop a safe, effec-
tive vaccine to provide immunity to COVID-19. It is crucial for public
health that once a vaccine is approved by the FDA, we authorize as many
health care professionals as possible to administer it to meet the
demand, which will likely be enormous.
LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect no sooner than ninety days from the date of
approval of a COVID-19 immunization by the United States Food and Drug
Administration's Center for Biologics Evaluation and Research and shall
expire and be deemed repealed July 1, 2022 and provided further that
this act shall not take effect until the commissioner of health and the
commissioner of education jointly certify that the administration of
such immunization pursuant to this act would be in the best interest of
public health.
STATE OF NEW YORK
________________________________________________________________________
10508--A
IN ASSEMBLY
May 22, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Paulin,
Dinowitz) -- read once and referred to the Committee on Higher Educa-
tion -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the education law, in relation to authorizing licensed
pharmacists to administer an approved vaccine for COVID-19; 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:
1 Section 1. Subdivision 7 of section 6527 of the education law, as
2 amended by chapter 46 of the laws of 2015, is amended to read as
3 follows:
4 7. A licensed physician may prescribe and order a patient specific
5 order or non-patient specific regimen to a licensed pharmacist, pursuant
6 to regulations promulgated by the commissioner, and consistent with the
7 public health law, for administering immunizations to prevent influenza,
8 pneumococcal, acute herpes zoster, meningococcal, tetanus, diphtheria,
9 COVID-19, or pertussis disease and medications required for emergency
10 treatment of anaphylaxis. Nothing in this subdivision shall authorize
11 unlicensed persons to administer immunizations, vaccines or other drugs.
12 § 2. Subdivision 22 of section 6802 of the education law, as amended
13 by section 2 of part DD of chapter 57 of the laws of 2018, is amended to
14 read as follows:
15 22. "Administer", for the purpose of section sixty-eight hundred one
16 of this article, means:
17 a. the direct application of an immunizing agent to adults, whether by
18 injection, ingestion, inhalation or any other means, pursuant to a
19 patient specific order or non-patient specific regimen prescribed or
20 ordered by a physician or certified nurse practitioner, who has a prac-
21 tice site in the county or adjoining county in which the immunization is
22 administered, for immunizations to prevent influenza, pneumococcal,
23 acute herpes zoster, meningococcal, tetanus, diphtheria, COVID-19, or
24 pertussis disease and medications required for emergency treatment of
25 anaphylaxis. If the commissioner of health determines that there is an
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16067-04-0
A. 10508--A 2
1 outbreak of disease, or that there is the imminent threat of an outbreak
2 of disease, then the commissioner of health may issue a non-patient
3 specific regimen applicable statewide.
4 b. the direct application of an immunizing agent to children between
5 the ages of two and eighteen years of age, whether by injection, inges-
6 tion, inhalation or any other means, pursuant to a patient specific
7 order or non-patient specific regimen prescribed or ordered by a physi-
8 cian or certified nurse practitioner, who has a practice site in the
9 county or adjoining county in which the immunization is administered,
10 for immunization to prevent influenza and medications required for emer-
11 gency treatment of anaphylaxis resulting from such immunization. If the
12 commissioner of health determines that there is an outbreak of influen-
13 za, or that there is the imminent threat of an outbreak of influenza,
14 then the commissioner of health may issue a non-patient specific regimen
15 applicable statewide.
16 § 3. Subdivision 7 of section 6909 of the education law, as amended by
17 chapter 46 of the laws of 2015, is amended to read as follows:
18 7. A certified nurse practitioner may prescribe and order a patient
19 specific order or non-patient specific regimen to a licensed pharmacist,
20 pursuant to regulations promulgated by the commissioner, and consistent
21 with the public health law, for administering immunizations to prevent
22 influenza, pneumococcal, acute herpes zoster, meningococcal, tetanus,
23 diphtheria, COVID-19, or pertussis disease and medications required for
24 emergency treatment of anaphylaxis. Nothing in this subdivision shall
25 authorize unlicensed persons to administer immunizations, vaccines or
26 other drugs.
27 § 4. This act shall take effect no sooner than ninety days from the
28 date of approval of a COVID-19 immunization by the United States Food
29 and Drug Administration's Center for Biologics Evaluation and Research
30 and shall expire and be deemed repealed July 1, 2022; provided further
31 that this act shall not take effect until the commissioner of health and
32 the commissioner of education jointly certify that the administration of
33 such immunization pursuant to this act would be in the best interest of
34 public health; provided that the commissioner of health and the commis-
35 sioner of education shall notify the legislative bill drafting commis-
36 sion upon the occurrence of such certification in order that the commis-
37 sion may maintain an accurate and timely effective data base of the
38 official text of the laws of the state of New York in furtherance of
39 effectuating the provisions of section 44 of the legislative law and
40 section 70-b of the public officers law; provided further, that:
41 (a) the amendments to subdivision 7 of section 6527 of the education
42 law made by section one of this act shall not affect the expiration of
43 such subdivision and shall be deemed to expire therewith;
44 (b) the amendments to subdivision 22 of section 6802 of the education
45 law made by section two of this act shall not affect the repeal of such
46 subdivision pursuant to section 8 of chapter 563 of the laws of 2008, as
47 amended, and shall be deemed repealed therewith; and
48 (c) the amendments to subdivision 7 of section 6909 of the education
49 law, made by section three of this act shall not affect the expiration
50 of such subdivision and shall be deemed to expire therewith.
