senate Bill S3808B

Signed By Governor
2011-2012 Legislative Session

Authorizes certain pharmacists to administer immunizations

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Archive: Last Bill Status Via A6301 - Signed by Governor


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

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 18, 2012 signed chap.116
Jul 06, 2012 delivered to governor
Jun 20, 2012 returned to assembly
passed senate
3rd reading cal.1407
substituted for s3808b
Jun 20, 2012 substituted by a6301d
ordered to third reading cal.1407
committee discharged and committed to rules
Jun 13, 2012 print number 3808b
amend (t) and recommit to higher education
Jan 04, 2012 referred to higher education
May 02, 2011 print number 3808a
amend (t) and recommit to higher education
Mar 04, 2011 referred to higher education

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S3808 - Details

See Assembly Version of this Bill:
A6301D
Law Section:
Education Law
Laws Affected:
Amd §§6527, 6909, 6801 & 6802, Ed L

S3808 - Summary

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

S3808 - Sponsor Memo

S3808 - Bill Text download pdf

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

                                  3808

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 4, 2011
                               ___________

Introduced by Sen. FUSCHILLO -- 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 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

Co-Sponsors

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S3808A - Details

See Assembly Version of this Bill:
A6301D
Law Section:
Education Law
Laws Affected:
Amd §§6527, 6909, 6801 & 6802, Ed L

S3808A - Summary

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

S3808A - Sponsor Memo

S3808A - Bill Text download pdf

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

                                 3808--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 4, 2011
                               ___________

Introduced by Sens. FUSCHILLO, AVELLA, MARTINS, MAZIARZ, PERALTA -- 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

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
administration  shall be limited to [immunizing agents to prevent influ-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09657-05-1

Co-Sponsors

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S3808B (ACTIVE) - Details

See Assembly Version of this Bill:
A6301D
Law Section:
Education Law
Laws Affected:
Amd §§6527, 6909, 6801 & 6802, Ed L

S3808B (ACTIVE) - Summary

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

S3808B (ACTIVE) - Sponsor Memo

S3808B (ACTIVE) - Bill Text download pdf

                    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

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