NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1221
SPONSOR: Paulin TITLE OF BILL:
An act to amend the education law, in relation to pharmacist immuniza-
tions and emergency treatment of anaphylaxis; to amend chapter 563 of
the laws of 2008, amending the education law and the public health law
relating to immunizing agents to be administered to adults by pharma-
cists, in relation to making certain provisions permanent; to amend
chapter 116 of the laws of 2012, amending the education law relating to
authorizing a licensed pharmacist and certified nurse practitioner to
administer certain immunizing agents, in relation to making certain
provisions permanent; and repealing certain provisions of the education
law relating to the administration of certain immunizing agents
PURPOSE:
To permit pharmacists to administer immunizations and vaccines listed in
the recommended adult immunization schedule by the Centers for Disease
Control and Prevention.
SUMMARY OF PROVISIONS:
Section one of the bill amends subdivision 7 of section 6527 of the
education law to authorize physicians to prescribe and order a patient
specific regimen or non-specific patient regimen to a licensed pharma-
cist for administering vaccines listed in the recommended adult immuni-
zation schedule by the Centers for Disease Control and Prevention.
Section two of the bill amends subdivision 22 of section 6802 of the
education law, amending the definition of "administer." This section
eliminates the requirement that the prescribing physician or nurse prac-
titioner have a practice site in the county or adjoining county and
allows pharmacists to administer all vaccines and immunizations listed
in the recommended adult immunization schedule by the Centers for
Disease Control and Prevention. This requirement is also eliminated for
child flu immunizations and for the administering of medications
required for emergency treatment of anaphylaxis resulting from such
immunization.
Section three of the bill amends subdivision 7 of section 6909 of the
education law to authorize certified nurse practitioners to prescribe
and order a patient specific order or non-patient specific regimen to a
licensed pharmacist for administering immunizations and vaccines listed
on the recommended adult immunization schedule by the Centers for
Disease Control and Prevention.
Section four amends section 8 of Chapter 563 of the laws of 2008 relat-
ing to immunizing agents to be administered to adults by pharmacists, by
eliminating the expiration and repeal date.
Section five amends section 5 of Chapter 116 of the laws of 2012 author-
izing a licensed pharmacist and certified nurse practitioner to adminis-
ter certain vaccines, by eliminating the expiration and repeal date.
Section six provides the effective date.
JUSTIFICATION:
Immunizations are the best defense against morbidity and mortality for
diseases for which vaccines are available and studies have shown that
pharmacist-provided immunizations increase overall immunization rates.
Pharmacists in New York have been permitted to give immunizations to
adults for influenza and pneumococcal since 2008. Due to the success
with these vaccines, the legislature subsequently passed laws to allow
pharmacists to administer immunizations to prevent shingles, meningitis,
tetanus, diphtheria, and pertussis. This bill will expand their author-
ity to permit pharmacists to administer all immunizations and vaccines
listed in the recommended adult immunization schedule by the Centers for
Disease Control and Prevention.
Under these new provisions, a physician or a nurse practitioner will be
able to issue a patient-specific prescription or a non-specific patient
regimen for a pharmacist to administer these recommended adult vaccines.
The bill also eliminates the requirement that the prescribing physician
of nurse practitioner have a practice site in the county or adjoining
county.
Providing this additional access point of pharmacists-as-immunizers will
significantly expand the availability of CDC adult recommended vaccines
and address two critical issues -- namely the critical shortage of
primary-care physicians statewide, particularly in rural areas that make
adequate healthcare accessibility difficult, and the fact that many U.S.
adults are skipping recommended vaccinations that could protect them
from serious or life-threatening diseases. New York is one of only four
states that do not allow pharmacists to administer all CDC adult recom-
mended vaccines. The primary way to increase the very low immunization
rate among adults is to allow pharmacists to administer them directly to
the public, as provided in this legislation.
LEGISLATIVE HISTORY:
A.6511a, 2019 and 2020, referred to higher education
Same as S.5227 of 2019 and 2020, advanced to third read in 2019 and
referred to higher education in 2020
A.455 of 2017 and 2018, referred to higher education.
A.9529 of 2016, referred to higher education.
Same as S.7321 of 2016, referred to higher education.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
1221
2021-2022 Regular Sessions
IN ASSEMBLY
January 7, 2021
___________
Introduced by M. of A. PAULIN, DINOWITZ, FAHY, HEVESI, STECK, WEPRIN,
LUPARDO, BLANKENBUSH, JONES, BENEDETTO, SMITH, QUART, SOLAGES, WALC-
ZYK, GRIFFIN, GALEF, GOTTFRIED, WALLACE, MONTESANO, BUTTENSCHON --
Multi-Sponsored by -- M. of A. HAWLEY, RA, SIMON, THIELE, WALKER --
read once and referred to the Committee on Higher Education
AN ACT to amend the education law, in relation to pharmacist immuniza-
tions and emergency treatment of anaphylaxis; to amend chapter 563 of
the laws of 2008, amending the education law and the public health law
relating to immunizing agents to be administered to adults by pharma-
cists, in relation to making certain provisions permanent; to amend
chapter 116 of the laws of 2012, amending the education law relating
to authorizing a licensed pharmacist and certified nurse practitioner
to administer certain immunizing agents, in relation to making certain
provisions permanent; and repealing certain provisions of the educa-
tion law relating to the administration of certain immunizing agents
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 is
2 REPEALED and a new subdivision 7 is added to read as follows:
3 7. A licensed physician may prescribe and order a patient specific
4 order or non-patient specific regimen to a licensed pharmacist, pursuant
5 to regulations promulgated by the commissioner, and consistent with the
6 public health law, for administering immunizations and vaccines listed
7 in the recommended adult immunization schedule by the Centers for
8 Disease Control and Prevention and medications required for emergency
9 treatment of anaphylaxis. Nothing in this subdivision shall authorize
10 unlicensed persons to administer immunizations, vaccines or other drugs.
11 § 2. Subdivision 22 of section 6802 of the education law is REPEALED
12 and a new subdivision 22 is added to read as follows:
13 22. "Administer", for the purpose of section sixty-eight hundred one
14 of this article, means:
15 a. the direct application of an immunizing agent to adults, whether by
16 injection, ingestion, inhalation or any other means, pursuant to a
17 patient specific order or non-patient specific regimen prescribed or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02058-01-1
A. 1221 2
1 ordered by a physician or certified nurse practitioner, for immuniza-
2 tions and vaccines listed in the recommended adult immunization schedule
3 by the Centers for Disease Control and Prevention and medications
4 required for emergency treatment of anaphylaxis. If the commissioner of
5 health determines that there is an outbreak of disease, or that there is
6 the imminent threat of an outbreak of disease, then the commissioner of
7 health may issue a non-patient specific regimen applicable statewide.
8 b. the direct application of an immunizing agent to children between
9 the ages of two and eighteen years of age, whether by injection, inges-
10 tion, inhalation or any other means, pursuant to a patient specific
11 order or non-patient specific regimen prescribed or ordered by a physi-
12 cian or certified nurse practitioner, for immunization to prevent influ-
13 enza and medications required for emergency treatment of anaphylaxis
14 resulting from such immunization. If the commissioner of health deter-
15 mines that there is an outbreak of influenza, or that there is the immi-
16 nent threat of an outbreak of influenza, then the commissioner of health
17 may issue a non-patient specific regimen applicable statewide.
18 § 3. Subdivision 7 of section 6909 of the education law is REPEALED
19 and a new subdivision 7 is added to read as follows:
20 7. A certified nurse practitioner may prescribe and order a patient
21 specific order or non-patient specific regimen to a licensed pharmacist,
22 pursuant to regulations promulgated by the commissioner, and consistent
23 with the public health law, for administering immunizations and vaccines
24 listed in the recommended adult immunization schedule by the Centers for
25 Disease Control and Prevention and medications required for emergency
26 treatment of anaphylaxis. Nothing in this subdivision shall authorize
27 unlicensed persons to administer immunizations, vaccines or other drugs.
28 § 4. Section 8 of chapter 563 of the laws of 2008, amending the educa-
29 tion law and the public health law relating to immunizing agents to be
30 administered to adults by pharmacists, as amended by section 18 of part
31 BB of chapter 56 of the laws of 2020, is amended to read as follows:
32 § 8. This act shall take effect on the ninetieth day after it shall
33 have become a law [and shall expire and be deemed repealed July 1,
34 2022].
35 § 5. Section 5 of chapter 116 of the laws of 2012, amending the educa-
36 tion law relating to authorizing a licensed pharmacist and certified
37 nurse practitioner to administer certain immunizing agents, as amended
38 by section 19 of part BB of chapter 56 of the laws of 2020, is amended
39 to read as follows:
40 § 5. This act shall take effect on the ninetieth day after it shall
41 have become a law[, provided, however, that the provisions of sections
42 one, two and four of this act shall expire and be deemed repealed July
43 1, 2022 provided, that:
44 (a) the amendments to subdivision 7 of section 6527 of the education
45 law made by section one of this act shall not affect the repeal of such
46 subdivision and shall be deemed to be repealed therewith;
47 (b) the amendments to subdivision 7 of section 6909 of the education
48 law, made by section two of this act shall not affect the repeal of such
49 subdivision and shall be deemed to be repealed therewith;
50 (c) the amendments to subdivision 22 of section 6802 of the education
51 law made by section three of this act shall not affect the repeal of
52 such subdivision and shall be deemed to be repealed therewith; and
53 (d) the amendments to section 6801 of the education law made by
54 section four of this act shall not affect the expiration of such section
55 and shall be deemed to expire therewith].
56 § 6. This act shall take effect immediately.
