S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4848
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2019
                                ___________
 
 Introduced  by  Sen. BRESLIN -- 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 the definition of  the
   practice of pharmacy
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 22 of section 6802 of  the  education  law,  as
 amended  by  section  2 of part DD of chapter 57 of the laws of 2018, is
 amended to read as follows:
   22. "Administer", for the purpose of section sixty-eight  hundred  one
 of this article, means:
   a. (1) the direct application of an immunizing agent to adults, wheth-
 er by injection, ingestion, inhalation or any other means, pursuant to a
 patient  specific  order  or  non-patient specific regimen prescribed or
 ordered by a physician or certified nurse practitioner, who has a  prac-
 tice site in the county or adjoining county in which the immunization is
 administered,  for  immunizations  to  prevent  influenza, pneumococcal,
 acute herpes zoster, meningococcal,  tetanus,  diphtheria  or  pertussis
 disease and medications required for emergency treatment of anaphylaxis.
 If  the  commissioner  of health determines that there is an outbreak of
 disease, or that there is the imminent threat of an outbreak of disease,
 then the commissioner of health may issue a non-patient specific regimen
 applicable statewide.
   [b.] (2) the direct application of an  immunizing  agent  to  children
 between the ages of two and eighteen years of age, whether by injection,
 ingestion, inhalation or any other means, pursuant to a patient specific
 order  or non-patient specific regimen prescribed or ordered by a physi-
 cian or certified nurse practitioner, who has a  practice  site  in  the
 county  or  adjoining  county in which the immunization is administered,
 for immunization to prevent influenza and medications required for emer-
 gency treatment of anaphylaxis resulting from such immunization. If  the

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

                                                            LBD00670-01-9

 S. 4848                             2
 
 commissioner  of health determines that there is an outbreak of influen-
 za, or that there is the imminent threat of an  outbreak  of  influenza,
 then the commissioner of health may issue a non-patient specific regimen
 applicable statewide.
   B. THE INJECTING OF MEDICATIONS FOR THE TREATMENT OF MENTAL HEALTH AND
 SUBSTANCE  USE DISORDER, AS PRESCRIBED OR ORDERED BY A LICENSED PRESCRI-
 BER IN THIS STATE AND IN ACCORDANCE WITH REGULATIONS PROMULGATED BY  THE
 COMMISSIONER IN CONSULTATION WITH THE BOARD OF PHARMACY.
   §  2.  Section  6801  of  the education law is amended by adding a new
 subdivision 6 to read as follows:
   6. A LICENSED PHARMACIST MAY ADMINISTER INJECTABLE MEDICATIONS FOR THE
 TREATMENT OF MENTAL HEALTH AND SUBSTANCE USE DISORDER, AS PRESCRIBED  OR
 ORDERED  BY  A  LICENSED PRESCRIBER IN THIS STATE AND IN ACCORDANCE WITH
 REGULATIONS PROMULGATED BY THE COMMISSIONER  IN  CONSULTATION  WITH  THE
 BOARD OF PHARMACY.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that:
   a.  the  amendments to subdivision 22 of section 6802 of the education
 law made by section one of this act shall not affect the repeal of  such
 subdivision and shall be deemed to expire therewith; and
   b. the amendments to section 6801 of the education law made by section
 two  of  this  act  shall  not affect the expiration of such section and
 shall be deemed to expire therewith. Effective  immediately,  the  addi-
 tion,  amendment  and/or  repeal of any rule or regulation necessary for
 the implementation of this act on its effective date are  authorized  to
 be made and completed by the commissioner of education on or before such
 date.