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A01221 Summary:

BILL NOA01221
 
SAME ASSAME AS S02024
 
SPONSORPaulin
 
COSPNSRDinowitz, Fahy, Hevesi, Steck, Weprin, Lupardo, Blankenbush, Jones, Benedetto, Smith, Quart, Solages, Walczyk, Griffin, Galef, Gottfried, Wallace, Buttenschon, McDonald, Cymbrowitz, Sillitti, Aubry, Gunther, Seawright, Schmitt, Morinello, Tague, Brabenec, Lavine, Stern, Durso, Braunstein, Jackson
 
MLTSPNSRHawley, Ra, Simon, Thiele, Walker
 
Amd §§6527, 6802 & 6909, Ed L; amd §8, Chap 563 of 2008; amd §5, Chap 116 of 2012
 
Relates to pharmacist immunizations and emergency treatment of anaphylaxis; makes certain provisions permanent.
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A01221 Actions:

BILL NOA01221
 
01/07/2021referred to higher education
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A01221 Memo:

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.
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A01221 Text:



 
                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.
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