Assembly Bill A6301D

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

                                  6301

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2011
                               ___________

Introduced by M. of A. PAULIN -- read once and referred to the Committee
  on Higher Education

AN  ACT to amend the education law, in relation to the practice of phar-
  macy

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

  Section  1.  Section  6801 of the education law, as amended by chapter
563 of the laws of 2008, is amended to read as follows:
   S 6801. Definition of practice of pharmacy. 1. The  practice  of  the
profession  of  pharmacy  is  defined  as  the administering, preparing,
compounding, preserving, or the dispensing of drugs, medicines and ther-
apeutic devices on the basis of prescriptions or other legal authority.
  2. A licensed pharmacist may execute a  non-patient  specific  regimen
prescribed or ordered by a licensed physician or certified nurse practi-
tioner, pursuant to rules and regulations promulgated by the commission-
er.  When  a  licensed pharmacist administers an immunizing agent, he or
she shall:
  (a) report such administration  to  the  patient's  attending  primary
health care practitioner or practitioners, if any, pursuant to rules and
regulations of the commissioner;
  (b)  provide  information to the patient on the importance of having a
primary health care  practitioner,  developed  by  the  commissioner  of
health; and
  (c)  report  such administration, absent of any individually identifi-
able health information,  to  the  department  of  health  in  a  manner
required by the commissioner of health.
  WHEN  A  LICENSED PHARMACIST CERTIFIED BY THE DEPARTMENT TO ADMINISTER
IMMUNIZATIONS WITHIN A FACILITY LICENSED UNDER ARTICLE  TWENTY-EIGHT  OF
THE  PUBLIC HEALTH LAW OR IN AN IMMUNIZATION OUTREACH PROGRAM AUTHORIZED
BY THE STATE OR A COUNTY HEALTH DEPARTMENT, THE  IMMUNIZATION  SHALL  BE
RECORDED  BY  THAT  ENTITY  AND THE RECORD OF SUCH ENTITY SHALL MEET THE
REQUIREMENTS IN PARAGRAPH (A) OF THIS SUBDIVISION.
  3. No pharmacist shall administer immunizing agents without  receiving
training satisfactory to the commissioner and the commissioner of health

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09657-01-1

A. 6301                             2

which  shall  include,  but  not be limited to, techniques for screening
individuals and  obtaining  informed  consent;  techniques  of  adminis-
tration;  indications,  precautions  and contraindications in the use of
agent  or  agents;  record  keeping of immunization and information; and
handling emergencies, including anaphylaxis and needlesticks.
  4. The commissioner of health, in consultation with the  commissioner,
shall  prepare  and submit a report to the governor and the legislature,
on or before December thirty-first, two thousand eleven,  reporting  the
results  and  evaluating the effectiveness and impact, if any, of imple-
mentation of subdivision two of this section upon  the  supply  of  such
immunizing  agents  for  the  prevention  of  influenza and pneumococcal
disease, upon the geographical distribution of such agents, and upon the
distribution of such  agents  among  health  care  providers,  including
physicians, and pharmacies in New York state.
  5.  NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, A PHARMACY STUDENT
PARTICIPATING IN AN INTERNSHIP OR RESIDENCY PROGRAM WHO HAS SUCCESSFULLY
COMPLETED EVERY  REQUIREMENT  ESTABLISHED  BY  THE  DEPARTMENT  FOR  THE
CERTIFICATE  OF  ADMINISTRATION  MAY,  UNDER THE DIRECT SUPERVISION OF A
PHARMACIST WHO HAS A VALID CERTIFICATE OF ADMINISTRATION ISSUED  BY  THE
DEPARTMENT, ADMINISTER AN IMMUNIZATION AS PROVIDED UNDER THIS SECTION.
  S  2. 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  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  administered.
However 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  influ-
enza  or  pneumococcal disease] IMMUNIZATIONS AND VACCINES FORMULATED IN
ADULT DOSAGE and medications required for emergency treatment of anaphy-
laxis.
  S 3. Subdivision 2 of section 6828 of the education law, as  added  by
chapter 563 of the laws of 2008, is amended to read as follows:
  2.  The  fee  for a certificate of administration shall be one hundred
dollars [and shall be paid on a triennial basis]. A certificate  may  be
suspended or revoked in the same manner as a license to practice pharma-
cy.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law:
  (a) provided, however, that the amendments  to  section  6801  of  the
education law made by section one of this act shall not affect the expi-
ration of such section and shall be deemed to expire therewith;
  (b)  provided,  further,  that  the  amendments  to  subdivision 22 of
section 6802 of the education law made by section two of this act  shall
not  affect  the repeal of such subdivision and shall be deemed repealed
therewith; and
  (c) provided, further, that the amendments to subdivision 2 of section
6828 of the education law made by section three of this  act  shall  not
affect  the  repeal  of such section and shall be deemed repealed there-
with.

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

                                 6301--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2011
                               ___________

Introduced  by M. of A. PAULIN, GABRYSZAK, WEPRIN, HOYT, TITONE, SCHROE-
  DER -- Multi-Sponsored by -- M. of A. CROUCH, JOHNS, P. RIVERA -- read
  once and referred to the Committee on Higher  Education  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the education law, in relation to the practice of phar-
  macy and to amend chapter 563 of the laws of 2008 amending the  educa-
  tion law and the public health law relating to immunizing agents to be
  administered  to  adults  by  pharmacists,  in relation to making such
  provisions permanent

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

  Section  1.  Section  6801 of the education law is amended by adding a
new subdivision 5 to read as follows:
  5. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, A PHARMACY  STUDENT
PARTICIPATING IN AN INTERNSHIP OR RESIDENCY PROGRAM WHO HAS SUCCESSFULLY
COMPLETED  EVERY  REQUIREMENT  ESTABLISHED  BY  THE  DEPARTMENT  FOR THE
CERTIFICATE OF ADMINISTRATION MAY, UNDER THE  DIRECT  SUPERVISION  OF  A
PHARMACIST  WHO  HAS A VALID CERTIFICATE OF ADMINISTRATION ISSUED BY THE
DEPARTMENT, ADMINISTER AN IMMUNIZATION AS PROVIDED UNDER THIS SECTION.
  S 2. 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 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 administered.
However 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09657-04-1
              

A. 6301--A                          2

administration  shall be limited to [immunizing agents to prevent influ-
enza or pneumococcal disease] IMMUNIZATIONS AND VACCINES  FORMULATED  IN
ADULT  DOSAGE  LISTED  IN THE RECOMMENDED ADULT IMMUNIZATION SCHEDULE BY
THE  CENTERS FOR DISEASE CONTROL AND PREVENTION and medications required
for emergency treatment of anaphylaxis.
  S 3. Subdivision 2 of section 6828 of the education law, as  added  by
chapter 563 of the laws of 2008, is amended to read as follows:
  2.  The  fee  for a certificate of administration shall be one hundred
dollars [and shall be paid on a triennial basis]. A certificate  may  be
suspended or revoked in the same manner as a license to practice pharma-
cy.
  S  4. Section 8 of chapter 563 of the laws of 2008 amending the educa-
tion law and the public health law relating to immunizing agents  to  be
administered to adults by pharmacists, is amended to read as follows:
  S  8.  This  act shall take effect on the ninetieth day after it shall
have become a law [and shall expire and be  deemed  repealed  March  31,
2012].
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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

                                 6301--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2011
                               ___________

Introduced  by  M.  of  A.  PAULIN,  GABRYSZAK,  WEPRIN, TITONE, MOYA --
  Multi-Sponsored by -- M. of A. BOYLE, CROUCH, JOHNS, P. RIVERA -- read
  once and referred to the Committee on Higher  Education  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said committee -- recommitted to the Committee on Higher Education
  in accordance with Assembly Rule 3, sec. 2  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the education law, in relation to the practice of  phar-
  macy  and to amend chapter 563 of the laws of 2008 amending the educa-
  tion law and the public health law relating to immunizing agents to be
  administered to adults by pharmacists,  in  relation  to  making  such
  provisions permanent

  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
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 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 administered.
However 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 influ-
enza or pneumococcal disease] IMMUNIZATIONS AND VACCINES LISTED  IN  THE
RECOMMENDED  ADULT  IMMUNIZATION  SCHEDULE  BY  THE  CENTERS FOR DISEASE
CONTROL AND PREVENTION and medications required for emergency  treatment
of anaphylaxis.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09657-10-2
              

A. 6301--B                          2

  S 2. Section 6806 of the education law, as added by chapter 987 of the
laws  of  1971 and subdivision 4 as amended by chapter 62 of the laws of
1989, is amended to read as follows:
  S 6806. Limited permits.  1. The department may issue a limited permit
for employment as a "pharmacy intern" to:
  a. A student enrolled in the last two years of a registered program in
pharmacy, or
  b.  A  graduate  of a program in pharmacy which meets standards estab-
lished by the commissioner's regulations who is engaged in  meeting  the
experience  requirements  or  whose application for initial licensure is
pending with the department.
  2. A pharmacy intern may, as determined by  the  commissioner's  regu-
lations,  practice  as  a pharmacist under the immediate personal super-
vision of a licensed pharmacist.
  3.  A PHARMACY INTERN WHO HAS SUCCESSFULLY COMPLETED EVERY REQUIREMENT
ESTABLISHED BY THE DEPARTMENT FOR THE CERTIFICATE OF ADMINISTRATION MAY,
UNDER THE IMMEDIATE PERSONAL SUPERVISION OF A  LICENSED  PHARMACIST  WHO
HAS  A  VALID  CERTIFICATE  OF  ADMINISTRATION ISSUED BY THE DEPARTMENT,
ADMINISTER AN IMMUNIZATION AS PROVIDED UNDER SECTION SIXTY-EIGHT HUNDRED
TWO OF THIS ARTICLE.
  4. A limited permit issued to a pharmacy intern shall have an  expira-
tion  date  of five years from the date of issue. Limited permits may be
renewed once for a period not to exceed two years.
  [4] 5.  Fees. The fee for each limited permit  issued  to  a  pharmacy
intern shall be seventy dollars.
  S  3.  Subdivision 2 of section 6828 of the education law, as added by
chapter 563 of the laws of 2008, is amended to read as follows:
  2. The fee for a certificate of administration shall  be  one  hundred
dollars  [and  shall be paid on a triennial basis]. A certificate may be
suspended or revoked in the same manner as a license to practice pharma-
cy.
  S 4. Section 8 of chapter 563 of the laws of 2008 amending the  educa-
tion  law  and the public health law relating to immunizing agents to be
administered to adults by pharmacists, as amended by chapter 316 of  the
laws of 2011, is amended to read as follows:
  S  8.  This  act shall take effect on the ninetieth day after it shall
have become a law [and shall expire and be  deemed  repealed  March  31,
2016].
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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

                                 6301--C

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2011
                               ___________

Introduced by M. of A. PAULIN, GABRYSZAK, WEPRIN, TITONE, MOYA, QUART --
  Multi-Sponsored by -- M. of A. BOYLE, CROUCH, JOHNS, P. RIVERA -- read
  once  and  referred  to the Committee on Higher Education -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- recommitted to the Committee on Higher  Education
  in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  -- reported and referred to the Committee on Ways and Means
  -- 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09657-13-2
              

A. 6301--C                          2

  7. (A) A certified nurse practitioner may prescribe and order  a  non-
patient  specific  regimen  to  a licensed pharmacist, pursuant to regu-
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 CERTIFIED
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.

A. 6301--C                          3

  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:
  (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.