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2 REPEALED and a new subdivision 7 is added to read as follows: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 Subdivision 22 of section 6802 of the education law is REPEALED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.
