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S02024 Summary:

BILL NOS02024
 
SAME ASSAME AS A01221
 
SPONSORMAY
 
COSPNSRADDABBO, BROOKS, KRUEGER, RIVERA
 
MLTSPNSR
 
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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S02024 Actions:

BILL NOS02024
 
01/16/2021REFERRED TO HIGHER EDUCATION
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S02024 Memo:

Memo not available
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S02024 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2024
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    January 16, 2021
                                       ___________
 
        Introduced  by Sens. MAY, ADDABBO, BROOKS, KRUEGER, RIVERA -- 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  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     2  REPEALED and a new subdivision 7 is added to read as follows: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
    18  ordered  by  a  physician or certified nurse practitioner, for immuniza-
    19  tions and vaccines listed in the recommended adult immunization schedule
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02058-01-1

        S. 2024                             2

     1  by the Centers  for  Disease  Control  and  Prevention  and  medications
     2  required  for emergency treatment of anaphylaxis. If the commissioner of
     3  health determines that there is an outbreak of disease, or that there is
     4  the  imminent threat of an outbreak of disease, then the commissioner of
     5  health may issue a non-patient specific regimen applicable statewide.
     6    b. the direct application of an immunizing agent to  children  between
     7  the  ages of two and eighteen years of age, whether by injection, inges-
     8  tion, inhalation or any other means,  pursuant  to  a  patient  specific
     9  order  or non-patient specific regimen prescribed or ordered by a physi-
    10  cian or certified nurse practitioner, for immunization to prevent influ-
    11  enza and medications required for  emergency  treatment  of  anaphylaxis
    12  resulting  from  such immunization. If the commissioner of health deter-
    13  mines that there is an outbreak of influenza, or that there is the immi-
    14  nent threat of an outbreak of influenza, then the commissioner of health
    15  may issue a non-patient specific regimen applicable statewide.
    16    § 3. Subdivision 7 of section 6909 of the education  law  is  REPEALED
    17  and a new subdivision 7 is added 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 and vaccines
    22  listed in the recommended adult immunization schedule by the Centers for
    23  Disease  Control  and  Prevention and medications required for emergency
    24  treatment of anaphylaxis. Nothing in this  subdivision  shall  authorize
    25  unlicensed persons to administer immunizations, vaccines or other drugs.
    26    § 4. Section 8 of chapter 563 of the laws of 2008, amending the educa-
    27  tion  law  and the public health law relating to immunizing agents to be
    28  administered to adults by pharmacists, as amended by section 18 of  part
    29  BB of chapter 56 of the laws of 2020, is amended to read as follows:
    30    §  8.  This  act shall take effect on the ninetieth day after it shall
    31  have become a law [and shall expire  and  be  deemed  repealed  July  1,
    32  2022].
    33    § 5. Section 5 of chapter 116 of the laws of 2012, amending the educa-
    34  tion  law  relating  to  authorizing a licensed pharmacist and certified
    35  nurse practitioner to administer certain immunizing agents,  as  amended
    36  by  section  19 of part BB of chapter 56 of the laws of 2020, is amended
    37  to read as follows:
    38    § 5. This act shall take effect on the ninetieth day  after  it  shall
    39  have  become  a law[, provided, however, that the provisions of sections
    40  one, two and four of this act shall expire and be deemed  repealed  July
    41  1, 2022 provided, that:
    42    (a)  the  amendments to subdivision 7 of section 6527 of the education
    43  law made by section one of this act shall not affect the repeal of  such
    44  subdivision and shall be deemed to be repealed therewith;
    45    (b)  the  amendments to subdivision 7 of section 6909 of the education
    46  law, made by section two of this act shall not affect the repeal of such
    47  subdivision and shall be deemed to be repealed therewith;
    48    (c) the amendments to subdivision 22 of section 6802 of the  education
    49  law  made  by  section  three of this act shall not affect the repeal of
    50  such subdivision and shall be deemed to be repealed therewith; and
    51    (d) the amendments to section  6801  of  the  education  law  made  by
    52  section four of this act shall not affect the expiration of such section
    53  and shall be deemed to expire therewith].
    54    § 6. This act shall take effect immediately.
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