Relates to the administration of certain medications by a pharmacist; requires the administering pharmacist to notify the prescribing physician of the administration of the medication.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6779A
SPONSOR: McDonald TITLE OF BILL:
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
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the opening paragraph, subparagraph 1, and subpara-
graph 3 . of paragraph b of 2 subdivision 22 of section 6802 of the
education law to remove the limitation of injections into the deltoid
and provide for certain notification requirements.
Section two amends subdivisions 3 and 8 of section 6801 of the education
law to remove the limitation of certain injections into the deltoid from
the pharmacist scope of practice, clarify training requirements, and
provide that a pharmacist may administer medications for the emergency
treatment of anaphylaxis related to the injection of certain medica-
tions.
Section three amends Chapter 802 of the Laws of 2022.
Section four sets forth the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The amendments clarify that a pharmacist administering injectable medi-
cations for the treatment of mental health and substance use disorder
must do so pursuant to a patient-specific order after a patient has
received an initial injection from a prescriber, and that training is
required prior to such administration. The amendments also provide that
a prescriber shall be notified of any side effects or adverse reactions
to the administration of such injectable medications, and that a pharma-
cist may treat anaphylaxis related to such administration. The amended
bill also changes the effective date of Chapter 802 of the Laws of 2022
to April 1, 2024.
JUSTIFICATION:
New York was the last state in the country to authorize pharmacists to
administer long-acting injectable medications. This legislation is need-
ed to provide greater access to treatments for mental health and
substance use disorders.
Due to the high accessibility of community pharmacies that are much
closer to patient's homes and have more extensive hours of operations
than a clinic setting, pharmacists are well suited to administer LAIS in
the community setting. Additionally, pharmacies are able to provide
on-demand or appointment-based delivery as has been implemented for
vaccine administration and they are well equipped to maintain a large
medication inventory, something medical offices are not well-suited for.
Moreover, the ability to allow pharmacists to administer LAI's in the
community setting will also help reduce the stigma of patients who need
to go to a specific type of clinic for their disease which at times is
not only a challenge with transportation but also with how they feel
they will be perceived. In addition, the COVID-19 pandemic may make a
patient less likely to travel to a traditional medical setting. Finally,
in the community pharmacy setting, pharmacies are able to include poli-
cies and procedures for communicating care delivery back to the
patient's health care provider and other coordination services which is
critical information that a provider cannot always access easily. This
bill will improve patient access and adherence while reducing stigma at
a time when a growing number of individuals in our communities are
struggling with mental health Concerns and/or a substance use disease.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
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.
STATE OF NEW YORK
________________________________________________________________________
6779--A
2023-2024 Regular Sessions
IN ASSEMBLY
May 8, 2023
___________
Introduced by M. of A. McDONALD -- read once and referred to the Commit-
tee 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:
1 Section 1. The opening paragraph, subparagraph 1 and subparagraph 3 of
2 paragraph b of subdivision 22 of section 6802 of the education law, as
3 amended by chapter 5 of the laws of 2023, are amended to read as
4 follows:
5 The injection of medications [into the deltoid muscle] for the treat-
6 ment of mental health and substance use disorder, as prescribed or
7 ordered by a licensed prescriber, acting within the scope of their prac-
8 tice in this state and in accordance with regulations promulgated by the
9 commissioner, in consultation with the department of health and any
10 other state agencies as necessary, provided that:
11 (1) Such administration is conducted pursuant to a valid patient-spe-
12 cific prescription or patient-specific order that authorizes a pharma-
13 cist to administer medications approved by the U.S. Food and Drug Admin-
14 istration for the treatment of mental health and substance use disorder
15 [and the]. The pharmacist [notifies] shall notify the licensed prescri-
16 ber that the administration is complete within five days and shall
17 convey such information to the prescriber by making an entry into an
18 interoperable electronic medical records system, an electronic prescrib-
19 ing technology or a pharmacy record, or by using facsimile, electronic
20 transmission or other electronic means. If an electronic means described
21 in this subparagraph is not available to the pharmacist at the time of
22 communication, the pharmacist or pharmacist's designee may communicate
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10677-07-3
A. 6779--A 2
1 the information by telephone. Notification shall also be required if a
2 patient does not receive an administration or if the patient experiences
3 any side effects or adverse reactions to the medications. Administration
4 in a pharmacy [may] shall not commence until after the patient has
5 received the initial injection and is considered eligible for mainte-
6 nance treatment by the licensed prescriber.
7 (3) Such activity is conducted in accordance with regulations, promul-
8 gated or adopted by the commissioner, in consultation with the depart-
9 ment of health and any other state agencies, as necessary, which shall
10 include requirements for the following:
11 (i) [Training accredited by the accreditation council for pharmacy
12 education, that may include educational experiences obtained through
13 pharmacy school curricula, or a similar health authority or professional
14 body appropriate for the medications being administered and their
15 respective patient populations. Such training must be satisfactory to
16 the commissioner and the department of health, in consultation with the
17 board of pharmacy and any other state agencies, as necessary, which
18 shall include, but not be limited to learning modules on techniques for
19 administration by injections, indications, precautions, and contraindi-
20 cations in the use of agent or agents; record keeping and information;
21 and handling emergencies, including anaphylaxis, needle-sticks and
22 cardiopulmonary resuscitation.
23 (ii)] Maintaining continued competency regarding the populations
24 served and medications administered.
25 [(iii)] (ii) Pre-administration patient consent and education regard-
26 ing common side effects, drug interactions, injection site reactions and
27 other information routinely provided to patients upon dispensing. If a
28 patient is unable to provide consent, the pharmacist must obtain consent
29 from a person legally responsible when the recipient is incapable of
30 consenting.
31 [(iv)] (iii) When administering an injection in a pharmacy, the phar-
32 macist shall provide an area for the injection that provides for the
33 patient's privacy.
34 [(v) Record keeping and reporting of such administration by electronic
35 transmission or facsimile to the patient's licensed prescriber, and, to
36 the extent practicable, make himself or herself available to discuss the
37 outcome of such injection, including any adverse reactions, with the
38 licensed prescriber acting within their scope of practice.
39 (vi)] (iv) Ensuring that only U.S. Food and Drug Administration
40 approved medications are administered.
41 § 2. Subdivisions 3 and 8 of section 6801 of the education law, subdi-
42 vision 3 as added by chapter 563 of the laws of 2008, and subdivision 8
43 as added by chapter 802 of the laws of 2022, are amended to read as
44 follows:
45 3. No pharmacist shall administer immunizing agents or injectable
46 medications for the treatment of mental health and substance use disor-
47 der without receiving training satisfactory to the commissioner and the
48 commissioner of health which shall include, but not be limited to, tech-
49 niques for screening individuals and obtaining informed consent; tech-
50 niques of administration; indications, precautions and contraindications
51 in the use of agent or agents; record keeping of immunization and infor-
52 mation; and handling emergencies, including anaphylaxis and needles-
53 ticks.
54 8. A licensed pharmacist within their lawful scope of practice may
55 administer injectable medications [into the deltoid muscle] and medica-
56 tions required for emergency treatment of anaphylaxis related to such
A. 6779--A 3
1 administration, pursuant to section six thousand eight hundred two of
2 this article, for the treatment of mental health and substance use
3 disorder, as prescribed or ordered by a licensed prescriber, acting
4 within their scope of practice in this state and in accordance with
5 regulations, including but not limited to regulations promulgated by the
6 commissioner in consultation with any other state agencies, as neces-
7 sary.
8 § 3. Section 3 of chapter 802 of the laws of 2022 amending the educa-
9 tion law relating to the definition of the practice of pharmacy, is
10 amended to read as follows:
11 § 3. This act shall take effect [one year after it shall have become a
12 law] April 1, 2024. Effective immediately, the addition, amendment
13 and/or repeal of any rule or regulation necessary for the implementation
14 of this act on its effective date are authorized to be made and
15 completed by the commissioner of education on or before such date.
16 § 4. This act shall take effect immediately; provided however, that
17 the amendments to sections 6801 and 6802 of the education law made by
18 sections one and two of this act shall take effect on the same date and
19 in the same manner as chapter 802 of the laws of 2022, takes effect.
20 Effective immediately, the addition, amendment and/or repeal of any rule
21 or regulation necessary for the implementation of this act on its effec-
22 tive date are authorized to be made and completed on or before such
23 date.
