senate Bill S3808B

Authorizes certain pharmacists to administer immunizations

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 04 / Mar / 2011
    • REFERRED TO HIGHER EDUCATION
  • 02 / May / 2011
    • AMEND (T) AND RECOMMIT TO HIGHER EDUCATION
  • 02 / May / 2011
    • PRINT NUMBER 3808A
  • 04 / Jan / 2012
    • REFERRED TO HIGHER EDUCATION
  • 13 / Jun / 2012
    • AMEND (T) AND RECOMMIT TO HIGHER EDUCATION
  • 13 / Jun / 2012
    • PRINT NUMBER 3808B
  • 20 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 20 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1407
  • 20 / Jun / 2012
    • SUBSTITUTED BY A6301D

Summary

Authorizes a pharmacist certified by the department of education to administer certain immunizations; authorizes certified nurse practitioners to administer certain immunizations.

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Bill Details

See Assembly Version of this Bill:
A6301D
Versions:
S3808
S3808A
S3808B
Legislative Cycle:
2011-2012
Law Section:
Education Law
Laws Affected:
Amd ยงยง6527, 6909, 6801 & 6802, Ed L

Sponsor Memo

BILL NUMBER:S3808B

TITLE OF BILL:
An act
to amend the education law, in relation to
authorizing a licensed pharmacist and certified nurse practitioner
to administer certain
immunizing
agents; and providing for the repeal of such provisions upon
expiration thereof

PURPOSE:
Authorizes licensed pharmacists and certified nurse
practitioners to administer certain immunizations

SUMMARY OF PROVISIONS:
Section 1. Amends subdivision 7 of section of
section 6527 of the education law.

Section 2. Amends subdivision 7 of section 6909 of the education law.

Section 3. Amends subdivision 22 of section 6802 of the education law.

Section 4. Amends section 6801 of the education law.

Section 5. Reporting requirements.

Section 6. 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 and CDC data for the 2009-2010 flu season
indicates significant improvements in rates of immunization among
groups that have traditionally not accessed vaccinations. This
includes an increase of 8% for African Americans, 8.6% for Hispanics
and almost 13% for other ethnicities in New York.
Overall, the State saw an increase in rate of flu vaccination by New
York residents of 2.8%.

This bill expands the list of vaccines that pharmacists are permitted
to administer to include the Shingles vaccine for adults when ordered
by a patient's physician or nurse practitioner.

Providing this additional access point for this vaccine is
particularly important since less than 10% of those who are indicated
for the vaccine actually get it nationally. Further, the vaccine has
very stringent storage requirements in that it must be frozen and
administered very quickly after being thawed. Also under Medicare the
vaccine is covered as a pharmacy benefit so for the primary
population indicated for the vaccine, physicians often cannot be
reimbursed for it.


Shingles is very painful, particularly for older adults. Shingles
which develops on the face can damage the eyes and cause vision loss.
Through vaccination, we can prevent unnecessary suffering and the
serious, long term impacts of this virus on New Yorkers. The primary
way to increase the very low immunization rate in order to prevent
shingles is to allow pharmacists to administer the vaccine directly
to the public, as provided for in this legislation.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after
it shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3808--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 4, 2011
                               ___________

Introduced  by  Sens.  FUSCHILLO,  AVELLA,  GRISANTI,  MARTINS, MAZIARZ,
  PERALTA, RANZENHOFER -- read  twice  and  ordered  printed,  and  when
  printed  to  be  committed  to  the  Committee  on Higher Education --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee -- recommitted to the Committee on High-
  er  Education  in  accordance  with Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the education law, in relation to authorizing a licensed
  pharmacist and certified  nurse  practitioner  to  administer  certain
  immunizing  agents;  and  providing  for the repeal of such provisions
  upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  7  of  section 6527 of the education law, as
added by chapter 563 of the laws of 2008, is amended to read as follows:
  7. (a) A licensed physician may  prescribe  and  order  a  non-patient
specific  regimen  to  a  licensed  pharmacist,  pursuant to regulations
promulgated by the commissioner, and consistent with the  public  health
law,  for administering immunizations TO PREVENT INFLUENZA OR PNEUMOCOC-
CAL DISEASE AND MEDICATIONS REQUIRED FOR EMERGENCY TREATMENT OF  ANAPHY-
LAXIS. Nothing in this subdivision shall authorize unlicensed persons to
administer immunizations, vaccines or other drugs.
  (B)  A  LICENSED  PHYSICIAN MAY PRESCRIBE AND ORDER A PATIENT SPECIFIC
ORDER TO A LICENSED PHARMACIST, PURSUANT TO REGULATIONS  PROMULGATED  BY
THE  COMMISSIONER, AND CONSISTENT WITH THE PUBLIC HEALTH LAW, FOR ADMIN-
ISTERING IMMUNIZATIONS TO PREVENT ACUTE HERPES ZOSTER.
  S 2. Subdivision 7 of section 6909 of the education law, as  added  by
chapter 563 of the laws of 2008, is amended to read as follows:
  7.  (A)  A certified nurse practitioner may prescribe and order a non-
patient specific regimen to a licensed  pharmacist,  pursuant  to  regu-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09657-15-2

S. 3808--B                          2

lations  promulgated by the commissioner, and consistent with the public
health law, for administering  immunizations  TO  PREVENT  INFLUENZA  OR
PNEUMOCOCCAL DISEASE AND MEDICATIONS REQUIRED FOR EMERGENCY TREATMENT OF
ANAPHYLAXIS.  Nothing  in  this  subdivision  shall authorize unlicensed
persons to administer immunizations, vaccines or other drugs.
  (B) A CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND ORDER  A  PATIENT
SPECIFIC  REGIMEN  TO  A  LICENSED  PHARMACIST,  PURSUANT TO REGULATIONS
PROMULGATED BY THE COMMISSIONER, AND CONSISTENT WITH THE  PUBLIC  HEALTH
LAW, FOR ADMINISTERING IMMUNIZATIONS TO PREVENT ACUTE HERPES ZOSTER.
  S  3. Subdivision 22 of section 6802 of the education law, as added by
chapter 563 of the laws of 2008, is amended to read as follows:
  22. "Administer", for the purpose of section sixty-eight  hundred  one
of  this article, means the direct application of an immunizing agent to
adults, whether by injection, ingestion or any other means, pursuant  to
A.  a  patient specific order or non-patient specific regimen prescribed
or ordered [issued] by a physician or certified nurse practitioner,  who
has  a practice site in the county in which the immunization is adminis-
tered, FOR IMMUNIZATIONS TO PREVENT INFLUENZA  OR  PNEUMOCOCCAL  DISEASE
AND  MEDICATIONS REQUIRED FOR EMERGENCY TREATMENT OF ANAPHYLAXIS OR B. A
PATIENT SPECIFIC ORDER PRESCRIBED OR ORDERED BY A PHYSICIAN OR CERTIFIED
NURSE PRACTITIONER FOR IMMUNIZATIONS TO  PREVENT  ACUTE  HERPES  ZOSTER.
[However  if] IF the county where the immunization is to be administered
has a population of seventy-five thousand or  less,  then  the  licensed
physician or certified nurse practitioner may be in an adjoining county.
Such  administration  shall  be  limited to immunizing agents to prevent
influenza or pneumococcal disease and medications required for emergency
treatment of anaphylaxis.
  S 4. Section 6801 of the education law is  amended  by  adding  a  new
subdivision 5 to read as follows:
  5.  WHEN  ADMINISTERING  AN  IMMUNIZATION  IN A PHARMACY, THE LICENSED
PHARMACIST SHALL PROVIDE AN AREA FOR THE IMMUNIZATION THAT PROVIDES  FOR
A PATIENT'S PRIVACY.
  S  5. The commissioner of health, in consultation with the superinten-
dent of financial services and  the  commissioner  of  education,  shall
prepare  and  submit a report to the governor and the legislature, on or
before October first, two thousand  fourteen,  regarding  the  rates  of
health insurance plan coverage for immunizations to prevent acute herpes
zoster  in  New  York  state. This information shall include, but not be
limited to, the  total  number  of  people  receiving  immunizations  to
prevent  acute  herpes  zoster from health care providers as compared to
pharmacies in New York state; the rates of coverage from  health  insur-
ance  plans,  including  Medicare, for people receiving immunizations to
prevent acute herpes zoster from health care providers  as  compared  to
pharmacies  in  New  York  state;  the  amount of co-pays and other fees
required by health  insurance  plans,  including  Medicare,  for  people
receiving  immunizations to prevent acute herpes zoster from health care
providers as compared to pharmacies in New York state;  and  a  list  of
health insurance plans that do not provide coverage for people receiving
immunizations  to prevent acute herpes zoster from health care providers
as compared to pharmacies in New York state as well  as  the  amount  or
amounts  that  are  charges  to an individual receiving immunizations to
prevent herpes zoster without any health insurance coverage.
  S 6. This act shall take effect on the ninetieth day  after  it  shall
have  become  a law and shall expire and be deemed repealed July 1, 2015
provided, that:

S. 3808--B                          3

  (a) the amendments to subdivision 7 of section 6527 of  the  education
law  made by section one of this act shall not affect the repeal of such
subdivision and shall be deemed to be repealed therewith;
  (b)  the  amendments to subdivision 7 of section 6909 of the education
law, made by section two of this act shall not affect the repeal of such
subdivision and shall be deemed to be repealed therewith;
  (c) the amendments to subdivision 22 of section 6802 of the  education
law  made  by  section  three of this act shall not affect the repeal of
such subdivision and shall be deemed to be repealed therewith; and
  (d) the amendments to section  6801  of  the  education  law  made  by
section four of this act shall not affect the expiration of such section
and shall be deemed to expire therewith.

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